Intellectual Property Rights

This Site and all materials contained on this Site, including but not limited to images, text, photographs, designs, icons and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of Babytime!, and/or its owners or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from Babytime!. The trademarks and logos used and displayed on this Site are trademarks of Babytime! and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner. Users may view and download material from this Site only for personal, noncommercial home use, and such permission is deemed adequate consideration for this contract. Babytime! will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by Babytime!.

Product/Advice Disclaimer

This web site does not offer medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. If you have a medical problem with your skin, please make an appointment to see a dermatologist in your area. All products should be used as directed on the product container or on this website. Discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms). If you are dissatisfied with any product purchased here, you may return it for a full refund within 60 days of the purchase date (see Exchange & Return Policy).

The information provided by this website or this company does not substitute for a face-to-face consultation with a dermatologist or with your physician, and should not be construed as individual medical advice.

Information/Recommendations Disclaimer

The intent of this site is to present the author and her team’s ideas and perceptions about the marketing, selling, and use of cosmetics. The author and team’s sole purpose is to present consumer information and advice regarding the purchase of skincare products. The information and recommendations presented strictly reflect the author and her team’s opinions, perceptions, and knowledge about the subject and products mentioned. Some people may find success with a particular product that is not recommended or even mentioned on this site, or they may be partial to a skin-care routine Kim and her team have reviewed negatively. It is everyone’s unalienable right to judge products by their own criteria and to disagree with the author or her team.

More important, because everyone’s skin can, and probably will, react to an external stimulus at some time, any product could cause a negative reaction on skin at one time or another. If you develop skin sensitivity to a product, stop using it immediately and consult your physician. If you need medical advice about your skin, consult a dermatologist or physician.

WARRANTY DISCLAIMER

THE CONTENT OF THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.? THE PRODUCTS SOLD THROUGH THE SITE ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. IF YOU ARE UNHAPPY WITH YOUR PRODUCTS OR RESULTS, THEY CAN BE RETURNED FOR A REFUND OR EXCHANGE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPISENCIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EPISENCIAL DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE, WHETHER PREPARED BY EPISENCIAL OR BY THIRD PARTIES, IS ACCURATE OR RELIABLE, THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR SECURE. YOU UNDERSTAND THAT ANY WARRANTIES PROVIDED IN CONNECTION WITH ANY THIRD PARTY PRODUCTS DESCRIBED ON THE SITE ARE PROVIDED SOLELY BY THE THIRD PARTY AND NOT BY EPISENCIAL.? YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EPISENCIAL IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, IN CONNECTION WITH THE SITE, THE CONTENT THEREOF OR THE PRODUCTS SOLD AND DESCRIBED THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPISENCIAL?S LIABILITY TO A USER EXCEED THE AMOUNT PAID BY THE USER FOR ACCESSING THE SITE OR FOR THE PURCHASE OF PRODUCTS SOLD THEREON.

No Endorsement

In some instances, the content on the Site represents the opinions of Site users. Episencial does not endorse such opinions.

Void Where Prohibited

Although the Site is accessible worldwide, not all products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. Episencial reserves the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product made in connection with the Site is void where prohibited. Use of this Site is unauthorized in any jurisdiction (1) that does not give full effect to all provisions of this Agreement, (2) where all or any portion of this Site may violate any legal requirements.

Code of Conduct

You agree not to:

• restrict or inhibit any other user from using and enjoying the Site and services;
• transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
• transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
• transmit materials in violation of another party’s intellectual property rights;
• use the Site for any commercial or unlawful purposes; or
• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.

Indemnification

You agree to indemnify, defend and hold harmless Babytime! and its shareholders, advisors, experts and employees from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys’ fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason. Purchases: If you wish to make purchases of products described on the Site, you may be asked to supply certain information including but not limited to credit card or other payment information. You understand that any such information will be treated by Babytime! in the manner described in its Privacy Policy. You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The prices displayed on the Site are in U.S. dollars.

Your Letters, Questions and Comments

You acknowledge and agree that, by sending Babytime! your questions, whether in writing or by email, you grant to Babytime! at no cost a perpetual, irrevocable, nonexclusive, universal right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting content to Babytime!, you represent and warrant that you have the authority to grant such rights to Babytime!, and that the content you submit will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.

Use of Passwords

Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the “Authorized Party”). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to Babytime! resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from Babytime! in writing, it being understood that Episencial shall be under no obligation to approve any such request.

Modifications

Babytime! shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by Babytime! at any time by Babytime! posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those terms and conditions.

Miscellaneous

You agree that this Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Los Angeles County in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.