These Terms and Conditions (“Terms”) apply to your access and use of the websites and services operated by Bepanthol® Cream, Derma, Derma Cream, Lotion (referred to as “Bepanthol® Cream, Derma, Derma Cream, Lotion,” “we,” “us,” or “our”). Please read these Terms carefully before using our websites or services. By accessing or using any part of the websites or services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the websites or services.
Section 1 – Terms of Use and Access
1.1 Eligibility. You must be at least 18 years of age to use our websites or services. If you are under 18 and wish to use the websites or services, you must have your parent or legal guardian review these Terms and consent on your behalf.
1.2 Website Access. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable license to access and use our websites and services solely in accordance with these Terms.
1.3 Service Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify to use our services, do not use them.
1.4 Compliance with Laws. In accessing and using our websites or services, you must comply with all applicable laws, regulations, and ordinances. You may not access or use our websites or services if doing so violates applicable laws where you are located.
Section 2 – Accounts and Registration
2.1 Account Creation. In order to use certain features, you may be required to register and create an account with us. You agree to provide and maintain accurate, current, and complete account information. It is your responsibility to ensure your account information is secure, including maintaining the confidentiality of your password. You are fully responsible for all activities that occur under your account. You may not transfer your account to any third party.
2.2 Necessary Equipment. You must provide all equipment and services needed to access our websites and services. This includes computers, mobile devices, internet access, and telecommunications services. We are not responsible for any errors, issues, or losses caused by your equipment, internet connectivity, or telecom provider.
Section 3 – Intellectual Property
3.1 Our IP Rights. Our websites and services contain proprietary content, trademarks, designs, information, materials, logos, images, graphics, text, files, interfaces, code, and software protected by intellectual property laws. These intellectual property rights are owned by us and our affiliates or licensed to us from third parties. You may not modify, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from this intellectual property.
3.2 Your IP Rights. You retain ownership of and responsibility for any intellectual property rights that you have in content you contribute to our websites or services, including in user generated content. You grant us a non-exclusive, worldwide license to use your intellectual property to operate and improve our websites and services.
Section 4 – Acceptable Use Policy
4.1 Prohibited Content and Uses. You may not access or use our websites or services to publish, submit, post, upload, link to, advertise, promote, or distribute any content that:
- Infringes on any third party’s intellectual property rights;
- Is false, inaccurate, or misleading;
- Is defamatory, libelous, threatening, harassing, discriminatory, abusive, offensive, profane, pornographic, obscene, indecent, inappropriate, or that violates privacy;
- Promotes or encourages violence, terrorism, illegal acts, or harm against people, animals, or the environment;
- Violates or encourages others to violate any applicable law;
- Impersonates or misrepresents your identity or affiliation;
- Involves sending illegal or impermissible communications;
- Involves commercial activities like contests, sweepstakes, sales, advertising, or promotions;
- Contains viruses, corrupted data, or any other technologies that may harm us or third parties;
- Violates any community standards, policies, or practices; or
- Is otherwise objectionable to Bepanthol® Cream, Derma, Derma Cream, Lotion.
4.2 Prohibited Actions. You may not undertake any action that:
- Infringes on or misappropriates any third party’s intellectual property rights;
- Interferes with or disrupts the operation of our websites or services;
- Is illegal, fraudulent, or involves criminal activity;
- Compromises the security of your account, our websites or services;
- Attempts to gain unauthorized access to third party accounts, systems, or networks;
- Uses automated systems or processes to access, use, or harvest data from our websites or services;
- Sends any unsolicited or unauthorized communications; or
- Employs misleading email addresses, forged headers, or manipulates source identifiers.
4.3 Reporting Violations. If you become aware of any content or activity in violation of these Terms, you may report it to us at [email protected].
Section 5 – Fees, Billing, and Payments
5.1 Fees. Certain features of our websites and services may require payment of fees. All fees are stated in U.S. dollars unless otherwise indicated. You are responsible for paying all applicable fees plus any taxes. We may change our fees at any time.
5.2 Billing. If you purchase a paid plan or service, you authorize us to charge your payment method on a recurring basis to maintain your plan or service. Certain plans and services may automatically renew, and your account will be charged periodically for renewal within 24-hours prior to the end of the current billing cycle.
5.3 Non-Payment. If we are unable to successfully process your payment, your plan or service may be immediately suspended or terminated. Failure to pay any amount owed is a breach of these Terms.
5.4 No Refunds. All fees are non-refundable, except if required by applicable law. This no refund policy forms an essential basis of our ability to provide services to you.
Section 6 – Disclaimers and Limitations of Liability
6.1 No Warranties. OUR WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR QUIET ENJOYMENT.
6.2 No Liability. IN NO EVENT WILL BEPANTHOL® CREAM, DERMA, DERMA CREAM, LOTION, ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BEPANTHOL® CREAM, DERMA, DERMA CREAM, LOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 Limitation of Liability. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BEPANTHOL® CREAM, DERMA, DERMA CREAM, LOTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITES OR SERVICES EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER. THE FOREGOING APPLIES EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
6.4 Exclusions. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN SECTIONS 6.1 TO 6.3 DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Section 7 – Indemnification
You will defend, hold harmless, and indemnify Bepanthol® Cream, Derma, Derma Cream, Lotion and its affiliates and subsidiaries, and their respective officers, directors, managers, employees, agents, partners, investors, contractors, governing bodies, and suppliers from any claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to: (a) your access to or use of the websites or services; (b) your violation of these Terms; (c) your violation of any third party right, including any intellectual property right, publicity right, or privacy right; or (d) your content or information that is provided or submitted via the websites or services. You will cooperate as fully required by Bepanthol® Cream, Derma, Derma Cream, Lotion in the defense or settlement of any claim.
Section 8 – Term and Termination
8.1 Term. These Terms remain effective until terminated.
8.2 Termination. These Terms may be terminated:
- By you, by deleting your account and discontinuing your use of the websites and services; or
- By us, for any reason or no reason, upon notice delivered to you via the contact information you have provided.
8.3 Effect of Termination. Upon termination, your license rights will terminate and you must immediately cease using the websites and services. The following provisions will survive termination: Section 3, Section 5, Section 6, Section 7, and Section 9.2.
Section 9 – General Provisions
9.1 Changes to these Terms. We may amend these Terms from time to time. When we amend these Terms, we will update the “Last Updated” date and indicate that changes have been made. Your continued use of the websites or services after any amendment constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the websites and services.
9.2 Governing Law. These Terms and any dispute or claim arising out of them will be governed by California law, without regard to conflict of law provisions. Any legal action, suit, or proceeding arising out of or relating to these Terms, or your access to or use of the websites or services must be instituted exclusively in the federal or state courts located in San Francisco County, California, and you irrevocably submit to the exclusive personal jurisdiction and venue of these courts for any such action.
9.3 Assignment. You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder without our prior written consent. We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder. These Terms will inure to the benefit of our successors and assigns.
9.4 Severability. If any provision of these Terms is invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.
9.5 Contact Information. Please direct any questions regarding these Terms or your use of the websites and services to us at [email protected] or the mailing address provided in Section 9.6.
9.6 Notice. Bepanthol® Cream, Derma, Derma Cream, Lotion may provide any notice to you under these Terms by: (i) posting a notice on the websites or through the services; or (ii) sending a message to the email address or mailing address you provided. Notices sent by email will be effective when sent and notices sent by mail will be effective three business days after mailing. It is your responsibility to keep your email address and mailing address current.
9.7 Entire Agreement. These Terms constitute the entire agreement between you and Bepanthol® Cream, Derma, Derma Cream, Lotion relating to your access to and use of the websites and services. These Terms supersede any prior or contemporaneous representations, understandings, agreements, or communications relating to the subject matter hereof.
Contact Us
If you have any questions or concerns about these Terms and Conditions or our Services, please contact us at:
Bepanthol® Cream, Derma, Derma Cream, Lotion
123 Main St
Anytown, NY 12345
Email: [email protected]
Phone: (800) 123-4567
