SKULLTRESS PRO TERMS OF SERVICE & USE
Effective Date: February 2022
1.Welcome to Skulltress PRO website.
We hope you enjoy using our website and Services.
We are Skulltress PRO, a London based online creative makeup education brand leading the online makeup education and entertainment market to transform and increase creativity, knowledge, skills and enthusiasm with exciting accessible video tutorials and live online events.
Skulltress Ltd, Company Registration Number: 12440560
Address: C/O Taxassist Accountants Screenworks, 22 Highbury Grove, London, England, N5 2EFUK.
Skulltress PRO (“Skulltress PRO,” “we,” “us,” “our”) provides its services (described below) to you through this website located at www.skulltresspro.com (the “Site”) and through its mobile applications and related Services (collectively, such Services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).
1.1 Service availability We offer our Service Globally.
1.2 Your Status By placing an order on our Website you warrant that you are over 18 years of age.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THIS WEBSITE & SERVICES.
1.3 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change, modify or update these Terms of Service at any time. When we change our Terms of Service, depending on the nature of any changes we make, we will post the changes on this page on our website. You can check when the Terms of Service were last updated at the top of this page where the date is shown indicating the last revision. We may also notify you of changes we make, either through the Services user interface, in an email notification or through other reasonable means as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, with the exception of changes addressing new functions of the Services or changes made for legal reasons which will be effective immediately. Your continued use of the Service after the date any changes become effective constitutes your acceptance of the new Terms of Service. When you are using our Services, you will also be subject to any additional terms applicable to those Services that may be posted on the Service information pages from time to time.
2.Access and Use of the Service
2.1 Use Description The Skulltress PRO Service, and any content viewed through our Service, is solely for your personal and non-commercial use. With your Skulltress PRO membership purchase we grant you a limited, non-exclusive, non-transferable, license to access the Skulltress PRO content and view your course(s) through the service on a streaming and live transmission basis for that purpose. Except for the limited license mentioned above, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances. Skulltress PRO may revoke your limited license (as mentioned above) at any time in its sole discretion. For the avoidance of doubt Skulltress PRO considers non-commercial use to be any use that is not intended for or directed towards commercial advantage of monetary compensation.
2.1.1 Licence and Revocation Skulltress PRO decisions about the granting of licenses is final. Upon any revocation of your license, you must promptly and effectively destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise and confirm to Skulltress PRO in writing to that you have done so within 5 working days.
2.2 Order Process Service order , sign up, purchase process:
2.2.1 Product and Service Selection To use our Services please review the BUY CLASSES page of the website to see the options for either purchasing an event ticket or a subscription package or trial subscription. The prices for each option can be seen on the same page.
Once you have chosen which plan or product you want to purchase, the instructions for how to purchase it will be on the checkout page with the product.
2.2.2 Order Acceptance and Limited Events Once you have paid for the product, likely to be a tutorial, event or subscription membership, Skulltress PRO will confirm whether we accept your order or not and if we do, you will receive an Order Confirmation email. There may be occasions where numbers are limited for some events. In this case Skulltress PRO will advise you via an Order Confirmation if you have been successful in obtaining an event ticket. The contract between Skulltress PRO and you is only formed once Skulltress PRO confirms your order.
2.2.3 Order Acceptance and Refusal Skulltress PRO reserves the right to refuse any order placed by a customer with whom it has a dispute concerning a prior order, or in the event that Skulltressv PRO has reasonable cause to suspect that any customer has violated these Terms of Service, or is engaged in any fraudulent activity, or on any other legitimate grounds. Skulltress PRO decision is final.
2.2.4 Order Disputes and Data
2.2.5 Order Queries
If you have any queries about an Order you have either made or want to make, please email us on [email protected]. Once your order is placed you will receive an Order Confirmation email with a summary of your Order, we advise you keep a copy of this.
2.2.6 Transaction Data
You may access your transaction data and any of your other data held by us for legislative or Service reasons at any time by contacting us on email@example.com, our Data Protection Officer will then get in touch with you.
All product prices include VAT or Sales Tax in regions where Skulltress PRO is legally required to be registered and required to charge tax. This will be automatically calculated and shown on an invoice which you will receive separately to your order confirmation by email. Please note that live events are tax exempt and prices for event tickets will therefore exclude VAT or Sales Tax.
2.2.8 Payment Methods
2.2.9 Cancellation You may cancel a membership subscription at any time. This applies to both monthly and annual subscriptions. If you cancel a subscription, the subscription will end on the renewal date of the service. To cancel your subscription, please access the following page under your Account Settings. Live event tickets are non-refundable and cannot be cancelled.
2.2.10 Right of Withdrawal / Cancellation and Withdrawal Period
You have a legal right of withdrawal of your subscription under applicable law, without having to provide reasons and without having to pay any penalties. You can withdraw or cancel your order within 14 days of the date you subscribed. Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your access to your subscription or online class. If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch of access to the Services you have subscribed to, or bought.
Beyond this time, you will no longer be able to exercise your right of withdrawal.
2.2.11 Losing the right to cancel if you start to use the subscription immediately.
If you would like to start using your subscription straight away you need to notify us and you will then lose your right to cancel or withdraw. Alternatively if you want the 14 day right to cancel you need to wait to start using your subscription for the period of 14 days. Clauses 2.2.10 and 2.2.11 apply to online video subscription and one-off classes, these do not apply to live event tickets which you have no right to withdraw from under applicable law.
2.2.12 Procedure for Refunds associated with right of withdrawal only
- You will be sent a confirmation email once we receive your request to exercise your right of withdrawal.
- Refunds to your chosen payment method, will be processed within 14 However please note that your bank may take up to 10 ten business days to issue a refund to the card you used to pay for the goods, dependent on their stated processing times. This may vary among card issuers; we have no control over this part of the process or the corresponding processing times.
- We will email you when your refund is approved and passed to our accounts team. The refund will be issued via the same payment method used for the order and in the same currency used by you to make the order.
- Process for refunds for PayPal or Stripe orders: If you ask for a refund due to right of withdrawal your PayPal account will be credited the original purchase amount.
2.4 Member Account, Password and Security You may never use another's account, and you may not provide another person with the username and password to access your account. In the event that this is done your license to use our Service will be revoked.
You are fully responsible for any, and all activities that occur under your password or account, it is your responsibility to ensure that your password remains confidential and secure. Please do not write it down, please memorise it.
You agree to:
- immediately notify Skulltress PRO of any unauthorised use of your password or account or any other breach of security, so that we may issue a new password to you once we have verified your identity and so that we can secure the potential unauthorised use of your breached password and;
- ensure that you exit from your account by logging out at the end of each and every session without exception when accessing the Service.
Skulltress PRO will not be liable for any loss or damage arising from your failure to comply with this Section.
2.5 Changes to the Service Skulltress PRO reserves the right to change or discontinue, temporarily or permanently, the Service or any part of it, with or without notice. You agree that Skulltress PRO will not be liable to you or to any third party for any change, suspension or discontinuation of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.6 General Practices Regarding Use and Storage You acknowledge that Skulltress PRO can and will establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Your Data or other Content will be retained by the Service and the maximum storage space that will be allotted on Skulltress PRO’s servers on your behalf. You agree that Skulltress PRO has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Skulltress PRO reserves the right to terminate accounts that are inactive for over 12 months.
2.7 Mobile Services The Service may include services that are available via a mobile device, including:
(i) Uploading content to the Service via a mobile device;
(ii) Browsing the Service and our Website from a mobile device and;
(iii) Accessing some features through an application downloaded and installed on a mobile device to allow you to access our Mobile Services. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
2.7.1 Mobile Service Considerations Downloading, installing, or using some Mobile Services may be prohibited or restricted by your carrier or mobile provider, and not all Mobile Services offered by us may work with all carriers, mobile devices or devices.
2.7.2 Mobile Services Use In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers for customer support, billing, fee and subscription collection, and text message service providers who we may contract with to support us in pursuing our rights or providing our Services under these Terms of Service, our policies and applicable law. You agree these affiliate Parties may also contact you using auto-dialed or pre-recorded calls and text messages, as authorised by us to deliver the tasks we have identified above only. We do not allow our affiliate Parties to do this for their own purposes.
2.7.3 Updating us about Changing Your Mobile Number In the event you change or de-activate your mobile telephone number, you agree to promptly update your Skulltress PRO account information to ensure that your messages are not sent to the wrong number.
3.Conditions of Use
3.1 User Conduct You are solely responsible for all video, images, information, data, text, sound, photographs or images , messages graphics, or other materials or Content that you upload, post, publish or display or email or otherwise use via the Service or any of it’s chosen User group platforms.
3.1.1 Violation of Service Use Skulltress PRO reserves the right to investigate and or take appropriate legal action against anyone who, in Skulltress PRO's view, violates their Service provision. Skulltress PRO will also assert their right without limitation to remove any offending Content from the Service, or not allow it to be shown via its Content moderator functions. We may also suspend or terminate the account of any person violating the Service, reporting them to the appropriate legal authorities.
3.1.2 Content you Agree Not to Upload You agree to not use the Service to: email or otherwise upload any content as follows:
- Which in the sole judgment of Skulltress PRO, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Skulltress PRO or its users to any harm or liability of any type;
- Which interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
- Which infringes any intellectual property or other proprietary rights of any party;
- Which poses or creates a Privacy or security risk to any person or group of people;
- Which entices or could result in legal or contractual or fiduciary relationships;
- Which constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and or sales, junk mail, chain letters, pyramid selling or marketing schemes, competitions, sweepstakes, or any other form of solicitation or enticement to react commercially;
- Which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, tortious, excessively violent, hateful racially, ethnically or otherwise objectionable or violates any applicable law, or any regulations which can be enforced by law;
- Containing software viruses or any other computer code, files, configurations or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Which impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Which solicits personal information from anyone under the age of 18;
- Which obtains or attempts to access any materials or information via any means not intentionally made available or provided for via the Service.
- Which advertises or offers to buy or sell goods or services for any business purpose that is not specifically authorised by Skulltress PRO;
- Which harvests or collects email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications which would contravene Data Protection laws;
- Which promotes any criminal activity or provides instruction or information about illegal activities;
- Which is homophobic, biphobic, transphobic or otherwise unacceptable to Skulltress PRO, the decision on which will be made by Skulltress PRO alone at it’s sole discretion
If you do not want to comply with these provisions listed in 3.1.2. please do not upload any content to our site or any of our social media sites.
3.3 Fees Prices & Payment To the extent the Service or any part of it is made available for any price or fee, you will be required to select a payment plan or membership option and provide Skulltress PRO information regarding your credit card or other payment method.
3.3.1 Payment You represent and warrant to Skulltress PRO that payment information is accurate and legally yours to use. You agree you will promptly update your account information with any changes (for example, a change in your billing address or credit card and or credit or debit card expiration date) as soon as it occurs. You agree to pay Skulltress PRO the amount that is specified in the payment plan for the option you have chosen (as well as any applicable taxes) in accordance with the terms of the payment plan or membership and provisions in this Terms of Service.
You hereby authorise Skulltress PRO to take your payment from the payment method, card or account you have chosen, in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account. If you dispute any charges you must let Skulltress PRO know within sixty (60) days of the date that Skulltress PRO charges you.
3.3.2 Price Changes We reserve the right to update Skulltress PRO's prices from time to time. Your continued use of the Service after any price change becomes effective and constitutes your agreement to pay the changed amount. .
3.4 Recurring Subscriptions If you select a Service or subscription with an auto renewal feature a ‘Recurring Subscription’, you authorise Skulltress PRO to maintain your account information and charge that account automatically upon the renewal date of that Service with no further action needed by you. In the event that Skulltress PRO is unable to debit your account as you have authorised via your Recurring Subscription, which was confirmed by you when you opted for a Recurring Subscription, Skulltress PRO, may, in its sole discretion:
- bill you for your service and suspend your access to the Service until payment is received, and/or
- seek to update your account information through third party sources (for example with your bank or a payment processor) to continue charging your account as authorised by you.
It is therefore important that you keep your chosen payment method at the time of taking out your subscription up to date with the latest card and account details to avoid any interruption in the Service you have opted for.
Skulltress PRO may update the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance of changes and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change, the price will therefore not change for your subscription part way through a subscription period. As permitted by law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
3.4.1 No Refunds Payments are non-refundable unless you exercise your ‘Right to withdraw’ see clause 2.2.10, and there are no refunds or credits for partially used periods or parts of the service see clause 2.2.11. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the Service through the end of your current subscription period. At any time, and for any reason, we may choose to provide a refund, discount, or other consideration to some or all of our users in the form of a Credit. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
Please also see the clause 2.2.10 on Right of Withdrawal.
3.4.2 How to Cancel your Subscription If you subscribed on our website, you can cancel your subscription by contacting [email protected] or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription.
3.4.3 Competitions and Promotions All participants for any competitions must be 18 years or older. Entries submitted after the official deadline are not valid. Skulltress PRO employees cannot take part in any of the competitions. The participants must provide valid contact details we can use to get in touch. All the entries with invalid contact details will be disqualified.
3.5 Event Purchases Skulltress PRO cannot be responsible for incorrect event purchases made on the website. Please ensure you select your correct date prior to checkout. Tickets cannot be exchanged or refunded.
Skulltress PRO reserves the right to amend or make alterations to the published details of any of their online events as shall become necessary.Skulltress PRO reserves the right to refuse admission to any online event if security protocols on line are breached by you.
The event tickets are valid for one admission only.
Any ticket re-sold or transferred for profit or commercial gain without written permission from Skulltress PRO becomes void and the holder may be refused online entry.
3.6 No Commercial Use Unless otherwise expressly authorised in these Terms or by Skulltress PRO in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, re-engineer, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You also agree not to share your Password or access to our Services with any other person as governed by the terms detailed in clause 2.1 above.
4.Intellectual Property Rights
4.1 Service Content, Copyright, Software and Trademarks
You acknowledge and agree that the Service may contain content or features known as Service Content that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All content on this Website unless otherwise stated is copyright © Skulltress Ltd and all rights are reserved. Except as expressly authorised by Skulltress PRO, you agree not to:
- Modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except where this does not apply to your own User Content ( defined below) that you legally upload to the Service.
- In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction
- In the event that you are blocked by Skulltress PRO from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example: by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised in these Terms is strictly prohibited.
- The technology and software underlying the Service or distributed in connection with it are the property of Skulltress PRO, our affiliates and our partners (known as ‘Software’). You agree not to copy, modify, create any derivative work of any part of the Service, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software or related Service. Any rights not expressly granted in these Terms of Service are reserved by Skulltress PRO.
- The Skulltress PRO name and logos are Trademarks and Service marks of Skulltress PRO (collectively known as the ‘Skulltress PRO Trademarks’). Other Skulltress PRO, product, and Service names and logos used and displayed via the Service may be Trademarks or Service marks of their respective owners who may or may not endorse or be affiliated with or connected to Skulltress PRO. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Skulltress PRO Trademarks displayed on the Service, without our prior written permission in each instance from Skulltress PRO only. You will not make use of any Skulltress PRO Trademarks or Service marks without written permission from Skulltress PRO.
All goodwill generated from the use of Skulltress PRO Trademarks will belong to Skulltress PRO and be for our exclusive benefit.
You may not use any part of this Service in a way in which may be illegal by UK law or within the jurisdiction where the Website is being accessed from.
You also hereby acknowledge that Skulltress PRO which is part of Skulltress Ltd own the Intellectual Property rights to all materials within this website and any additional Content or media provided by Skulltress PRO unless otherwise specified. This Site is created and operated by Skulltress PRO, situated in the UK.
4.1.1 Use of Skulltress PRO Intellectual Property for Commercial Purposes / Collaborations
If you want to discuss any commercial projects with Skulltress PRO please contact us direct on [email protected]. Any use of our assets images, videos , software, advice or Services in any way for commercial purposes without permission and related fees agreed in advance is strictly prohibited.
4.2 Third Party Material Under no circumstances will Skulltress PRO be liable in any way for any User or Third Party Content or materials of any third parties (including users), including, but not limited to:
- Any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
- You acknowledge that although Skulltress PRO does not pre-screen Content, it will rely on established social media sites to moderate content in User Groups, as they do with all other content and that Skulltress PRO and its designers will have the right (but not the obligation) at their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the clauses above, Skulltress PRO and its designers and or data security personnel, will have the right to remove any Content that violates these Terms of Service or is deemed by Skulltress PRO, at its sole discretion, to be otherwise
- You agree that you must be responsible for the evaluation, bearing all risks associated with, the use of any third party Content, including any reliance on the accuracy, completeness, claims to Intellectual Property Right, or usefulness of such Content.
4.3 User Content Transmitted through the Service With respect to the content or other materials you upload through the Service or share with other users or recipients collectively known as , ‘User Content’, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained in them, and that you have all required rights to post or transmit such Content or other materials without violation of any third-party rights.
If you upload any pictures of any person under 16 you warrant that you have written permission from their parent or guardian to do so.
By uploading any User Content you hereby grant and will grant Skulltress PRO, its affiliated companies and partners (including but not limited to Skulltress PRO instructors, practitioners and other third parties providing instructional information through the Services, collectively known as Partners and or Affiliates) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service known as ‘Submissions’, provided by you to Skulltress PRO either directly or via its Affiliated companies or Partners, or Facebook User Group or other such social media sites Skulltress PRO may choose to use or collaborate with , are non-confidential and Skulltress PRO, its Affiliated companies and Partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Skulltress PRO may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process, applicable laws or government requests;
- Enforce these Terms of Service;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property, or personal safety of Skulltress PRO, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve:
- Transmissions over various networks; and
- Changes to conform and adapt to the technical requirements of connecting networks or devices.
4.4 Copyright Complaints Skulltress PRO respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Skulltress PRO of your infringement claim in accordance with the procedure set out below:
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
You can contact us at [email protected]
4.5 Counter-Notice If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the Content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and your name, address, telephone number, and email address,
- A statement that you consent to the jurisdiction of the UK courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Skulltress PRO will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, Member or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
4.6 Repeat Infringer Policy In accordance with the UK Intellectual Property law and other applicable law, Skulltress PRO has adopted a policy of terminating, in appropriate circumstances and at Skulltress PRO's sole discretion, Users who are deemed to be repeat infringers. Skulltress PRO may also at its sole discretion limit access to the Service and or terminate the Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5.Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Skulltress PRO has no control over such sites and resources and Skulltress PRO is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Skulltress PRO will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or Services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Skulltress PRO is not liable for any loss or claim that you may have against any such third party.
To the fullest extent permitted by law, you agree to release, defend and indemnify and hold as not responsible Skulltress PRO Directors, Officers, Employees, Managers, Suppliers and Agents and its Affiliates and their Officers, Employees, Directors Managers and Agents, Partners for any and all losses incurred in any manner, whether foreseeable or not, or whether we have been specifically advised of the possibility or probability of any such damages, fee, expense or loss, or any consequential damages, special damages, direct or indirect damages including reasonable legal representation and legal expenses and fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
If you are a Californian resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of any other jurisdiction, you waive any comparable statute or doctrine. Legal jurisdiction for these Terms is English Law only.
6.1 Health and Safety Indemnification – Website Users
It is your responsibility to follow good health & safety practice and duty of care procedures for yourself and anyone else who you may be using the techniques shown on Skulltress PRO on while applying makeup or any special effects Skulltress Pro may have shown in their online tutorials. You agree to defend, indemnify and hold us harmless, together with our Directors, Officers, Employees, Members, Managers, Partners, Agents, Vendors, Suppliers, Related and Affiliated Companies, Predecessors and Successors in interest, from any demands, claims, losses, liabilities, fees including reasonable legal fees and costs associated with any claims made against us arising out of your use of this website or any aspect thereof.
6.2 Health and Safety Indemnification - Collaborators
If you are a Collaborator with Skulltress PRO (that is an Infleuncer or chosen Partner for specific tutorials) on their education platform it is your responsibility to follow good health and safety practice and duty of care while demonstrating any makeup or special effect techniques on the Skulltress PRO website and or online platform and to ensure both you and or your model, whichever is applicable remain safe. You agree to defend, indemnify and hold us harmless, together with our Directors, Officers, Employees, Members, Managers, Partners, Agents, Vendors, Suppliers, Related and Affiliated Companies, Predecessors and Successors in interest, from any demands, claims, losses, liabilities, fees including reasonable legal fees and costs associated with any claims made against us arising out of your use of this website or any aspect thereof.
6.3 Use of Products Shown on Skulltress PRO – Indemnification
Any information shared on Skulltress Pro is for the purpose of education and entertainment. Any products used and shown during tutorials, spoken about, recommended or promoted to be used, bought, shared, distributed, are for use at your own risk and responsibility and to be used at your own discretion.
7.Disclaimer of Warranties
Skulltress PRO makes no warranty that:
- The Service will meet your requirements;
- The Service will be uninterrupted, timely, secure or error free. Whilst we make every effort to ensure the Service is reliable and secure, we cannot guarantee that it will be because the Internet can be insecure and is outside of Skulltress PRO control;
- The results from the use of the Service will be accurate or reliable, whilst we make every effort to ensure our tuition is of a high standard, we are not in control of how you choose to interpret our tutorial sessions;
- The quality of any products, services, information or other material or information purchased or obtained by you through the service will meet your expectations.
Some countries may disallow the exclusion of implied warranties, so the above exclusions may not apply in all countries dependent on local law.
8.Limitation of Liability
To the fullest extent of the law, you understand and agree that Skulltress PRO will not be liable for any indirect, incidental, special, consequential, exemplary damages or loss of profits or damages for loss of goodwill, use, data or other intangible losses even if Skulltress PRO has been advised of the possibility of such damages). Whether based on contract, Tort, negligence, liability or otherwise resulting from:
- Use or inability to use the Service;
- The cost of Procurement of substitute goods, data, information or Services resulting from any goods, data, information or Services purchased or obtained or messages received through or from the Service;
- Unauthorised access to or alteration of transmissions or;
- data Statements or comments or conduct of any third party on the Service;
- Any other matter relating to the Service
For the avoidance of doubt use of this site and any services contained therein are at the sole discretion of Skulltress PRO and its management. While we endeavour to ensure the website is available at all times, we reserve the right to modify or terminate all or any part of the Service at any time, and for any reason, without notice and without liability.
Skulltress PRO disclaims any and all responsibility, liability, representations, warranties, or any other terms, express or implied, for the accuracy, legality, operability, availability, merchantability, non-infringement, or completeness of any part of the content upon this site. Skulltress PRO disclaims any responsibility for any harm, loss, or damage resulting from viewing or interaction with our Website or those linked to by our Website.
Skulltress PRO make no warranty that this site, any content, or the servers used, are free of viruses or other harmful media. The user assumes all responsibility for any necessary servicing, repair, and or correction that may result.
In no event will Skulltress PRO’s total liability to you for any and all damages, losses or causes of action exceed the amount you have paid to Skulltress PRO in the last three months or fifty pounds sterling, whichever is the greater.
If you do not accept these Terms of Service, please do not use our service.
8.1 External links This website may contain links to other websites. Skulltress PRO make no guarantees, representations, or warranties about those sites or the content therein.
8.2 User Views The views expressed in any user generated content on our Website are the opinions of those users and do not represent the views, opinions, beliefs or values of Skulltress PRO or any of its officers or staff.
8.3 External Events We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If the Force Majeure Event prevails for a cumulative period of more than three months, any party may terminate the Contract by giving 7 days written notice to the other party. On the expiry of this notice period, the Contract will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of the Contract occurring prior to such termination.
You agree that Skulltress PRO, at its sole discretion, may suspend or terminate your account (or any part of it ) or your use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if Skulltress PRO believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to legal authorities in your region and in the UK where Skulltress PRO is based. Skulltress PRO may also at its sole discretion and at any time discontinue providing the Service, or any part of it, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may become active without prior notice, and you acknowledge and agree that Skulltress PRO may at its sole discretion immediately deactivate or delete your account and all related information and files in your account and or prevent any further access to such files or the Service. You also agree that Skulltress PRO will not be liable to you or any third party for any termination of your access to the Service.
10.Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Skulltress PRO will have no liability or responsibility with respect to this. Skulltress PRO reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
11.1 Entire Agreement These Terms of Service constitute the entire agreement between you and Skulltress PRO and govern your use of the Service, superseding any prior agreements between you and Skulltress PRO with respect to the Service.
11.3 Law and Jurisdiction These Terms of Service will be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from them.
With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Skulltress PRO agree to submit to the personal and exclusive jurisdiction of the UK courts of England and Wales.
The failure of Skulltress PRO to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
Please note that you must comply with all applicable laws and regulations of the country you are resident in. We will not be liable for any breach by you of any such laws in connection with the use of our Services. Skulltress PRO may file a claim before the courts where you are living. All contracts for the purchase and sale of our Services from the Website shall be concluded in the language of these Terms of Service.
11.3.1 Severability If any provision of these Terms of Service is found by any court of competent and applicable jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
12.Claim Deadlines You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever considered closed. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13.Complaints We aim to deal with complaints in a confidential, swift and effective way. They should be directed via email to [email protected]. Please include full contact details in addition to your email address together with order numbers where appropriate.
14.No Assignment of Rights You may not assign, transfer or delegate any rights, responsibilities or permissions outlined in this Terms of Service or to you as a registered User of the Service without the prior written consent of Skulltress PRO. Skulltress PRO may assign or transfer this Terms of Service, in whole or in part, without restriction.
14.1 Third Party Rights A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.Breach Any breach of these Terms of Service on your part will make you personally liable to indemnify us in full for any loss, liability, or costs incurred or arising. These terms do not affect your statutory rights as a consumer.