This Website and the materials contained on it (the “Contents”) are provided by Caribbean Tan LLC, for informational purposes only. By using this Website or downloading or copying materials from this Website, you agree to follow the terms and conditions of this Notice. If you do not agree to follow these terms and conditions you cannot use this Website or download or copy materials from this Website.
The Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Caribbean Tan LLC has been granted. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from Caribbean Tan LLC. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Caribbean Tan LLC or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Caribbean Tan LLC or cause Caribbean Tan LLC to lose (in whole or in part) the services of our suppliers.
When you send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, or by posting notices and messages on this site or through social media. You agree that all notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
TRADEMARK / COPYRIGHT
This Website, the Contents and the collection, arrangement and assembly of the Contents are the exclusive property of Caribbean Tan LLC and are protected by international and United States copyright laws. The Caribbean Tan LLC names mentioned or shown at this Website are registered trademarks, trademarks or service marks of Caribbean Tan LLC in the United States and other countries. Caribbean Tan trademarks or service marks may not be used in connection with any product or service that is not a Caribbean Tan product or service, in any manner that is likely to cause confusion among customers, or in any manner that refers to Caribbean Tan in a negative way. Caribbean Tan acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at this Website. Your misuse of the trademarks displayed on this Website, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Caribbean Tan will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
PRODUCTS AND SERVICES
These products and services made available by Caribbean Tan and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining prior written consent from Caribbean Tan LLC. Caribbean Tan and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
Caribbean Tan is not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Caribbean Tan and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
Subject to the terms and conditions of this Notice, Caribbean Tan grants you a non-exclusive, non-transferable, limited license to access, display and use this Website and its Contents. Caribbean Tan authorizes you to view and download the Contents for your personal, informational, non-commercial purposes only. The Contents may not be modified or re-posted to other sites. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Contents. Except as provided in this Notice, Caribbean Tan does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
You may choose to register at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in the best interest of Caribbean Tan to do so.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others. You agree that all ideas, comments, suggestions or other information that You provide to Caribbean Tan regarding the Site or products and services provided on the Site (the “Feedback”) shall be the property of Caribbean Tan, and may be used by Caribbean Tan on a non-confidential and unrestricted basis, without compensation to You.
The Contents, any testimonials provided on this website, AND ALL PRODUCTS PURCHASED OR SOLD THROUGH THIS WEBSITE are provided “As Is” without warranties of any kind, either express or implied, and Caribbean Tan disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permissible under applicable law. The Contents may contain inaccuracies and typographical errors and Caribbean Tan does not warrant the accuracy, completeness or timeliness of the Contents or the reliability of any advice, opinion, statement or information displayed or distributed through this Website. You acknowledge that any reliance on the Contents or any portion thereof shall be at your sole risk. Caribbean Tan also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Caribbean Tan does not and will not provide medical advice of any kind. All tanning tips or testimonials contained on this Website and all Caribbean Tan responses to questions you submit constitute non-medical tanning suggestions only and are not medical advice. The foregoing is provided solely for the purpose of informing consumers on beauty, cosmetics and personal care topics.
You should always consult with your physician or other qualified health care provider before commencing a new treatment, health or personal care program. You should never disregard the advice of your personal physician or delay in seeking it because of something you have read on caribbeantanintl.com. This information is not intended to be medical advice and is not a substitute for personal consultation with your medical professional and may be incomplete or include errors and omissions. If any irritation or other adverse reaction occurs, discontinue use immediately.
CARIBBEAN TAN BRANDS WILL NOT BE LIABLE FOR ANY COMPLICATIONS, INJURIES OR OTHER MEDICAL PROBLEMS ARISING FROM, OR IN CONNECTION WITH, THE USE OF THIS INFORMATION.
THIRD PARTY SITES
This Website may contain links to Websites operated by entities other than Caribbean Tan. If you use these links you will leave this Website. Conversely, Websites operated by entities other than Caribbean Tan may contain links to this Website. The linked and linking sites are not under the control of Caribbean Tan and Caribbean Tan is not responsible for the contents of any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. Caribbean Tan provides / allows such links as a convenience only and the existence of any link does not mean that Caribbean Tan endorses, supports or accepts any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links.
Rules Regarding Third-Party Linking to This Website (“Rules”)
No person may link to this Website without written consent of Caribbean Tan, execution of a copy of these Rules and registration with Caribbean Tan.
Third-party links to this Website shall use only the term “Caribbean Tan” (the “Text Link”) to create such links. By displaying the Text Link, whether or not you have executed a copy of these Rules, you agree to be bound by these Rules.
You shall not use any Caribbean Tan logo, trade mark, service mark or other similar feature in the creation of any link to this Website.
You shall only use the Text Link on your Website and not in any other manner. It must always be an active link to the home page of this Website at https://www.caribbeantanintl.com or such other universal resource locator as Caribbean Tan may designate.
You shall not create any direct link to any secondary or sub-page of this Website. A link to this Website shall not conceal or alter any portion of this Website.
You shall only use the Text Link on Web pages that make accurate references to Caribbean Tan and its products and services. You must display the Text Link adjacent to any Caribbean Tan reference or at the bottom of the same page. Your Web page title and other trademarks and logos must appear at least as prominent as the Text Link. You shall not display the Text Link in any manner that: (i) implies sponsorship, endorsement, or license by Caribbean Tan; or (ii) conceals, disguises or creates confusion about the identity of Caribbean Tan as the source of the linked Website.
You shall not present, portray or use information from any source other than Caribbean Tan in a manner which creates the appearance that Caribbean Tan is the source of such information.
You shall not use this Website to create a link directly to a third-party Website without the written consent of Caribbean Tan and the owner of the third-party Website.
You shall not use the Text Link as a feature or design element of any other logo, trade mark, service mark, or other similar feature.
You shall display the Text Link in a font size at least as large as all surrounding text and you shall not modify or distort the Text Link in any manner.
You shall not use the Text Link on any Website that refers to Caribbean Tan or its products or services in a negative manner, infringes any Caribbean Tan intellectual property or other rights, or violates any applicable law.
You shall defend and indemnify Caribbean Tan against any claims, liability, damages, and costs suffered by Caribbean Tan as a result of your violation of these Rules.
These Rules do not grant a license or any other right in any Caribbean Tan logo or trademark. Caribbean Tan reserves the right in its sole discretion to terminate or modify permission to use the Text Link at any time. Caribbean Tan reserves the right to take action against any use that does not conform to these Rules, infringes any Caribbean Tan intellectual property or other right, or violates other applicable law.
Caribbean Tan DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE TEXT LINK, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
If you wish to create a link to this Website and agree to be bound by these Rules, you can contact Caribbean Tan as described on the Contact Us page of this Website.
You agree to indemnify and hold Caribbean Tan and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third party. Caribbean Tan’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
LIMITATION OF LIABILITY
In no event shall Caribbean Tan LLC or any of its subsidiaries be liable for any direct, indirect, special, consequential, incidental or other damages that are in any way related to the use or the inability to use, the content, materials, and functions of this Website or any linked or linking site, even if Caribbean Tan is expressly advised of the possibility of such damages.
This Website is administered by Cosmetix Pty Ltd, from its offices in Cape Town, South Africa. Cosmetix makes no representation that the Contents are appropriate or available for use at other locations and access to them from jurisdictions where the Contents are illegal is prohibited. You shall not import, export or use the Contents in violation of any applicable laws. In accessing this Website you are solely responsible for compliance with all applicable local laws. These terms and conditions shall be governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions. Through publication of this Website, Caribbean Tan does not intend to submit to the jurisdiction of any court outside the State of Georgia and venue for any dispute arising out of the contents or use of this Website shall be in State or Federal court in the City of Atlanta.