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  • Some variables in outdoor tanning are: Solar Elevation, Ground Reflection, Clouds/Haze, Altitude and Latitude.

Terms of Use

 

Welcome to Suntan.com and its related sites (the “Site”), provided by Suntan.com Partners, L.L.C., its affiliates, heirs, parents, successors, joint ventures, or related persons or entities (individually and collectively, the “Company,” “We,” “Us” or “Our”).  These Terms of Use and any amendments thereto (the “Terms”) govern your use of this Site and its related domains on which this document appears.  

 

PLEASE READ THESE TERMS OF USE CAREFULLY.   BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO.

 

These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Us for products, services, or otherwise.  These Terms may be changed in the future without further notice by posting an updated version at the Site.  Your continued use of the Site after any such changes constitutes your express acceptance of the new Terms.  

 

We do not guarantee the accuracy, safety or relevance of any information contained on the Site whether provided by us or any other source. 

 

Third-Party Sites
We are not responsible for the content of any site accessible by hyperlink from this Site, or sites linking to this Site and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of such sites.  Inclusion of any link to another site does not imply affiliation, endorsement, sponsorship or adoption by Us of said site or any information contained therein.  When clicking on any link from this Site, you understand that Site’s Terms, Privacy policy, and Community Guidelines will no longer apply and that the site you visit may have its own terms and conditions which will govern your use thereof.

 

User Content, Accounts
You expressly understand and agree that you, and not the Company, are entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Site and that We do not control, verify, test or monitor any User Content posted via the Site by any visitors to the Site, except as stated herein, and do not guarantee the accuracy, integrity or quality of such User Content.  

 

You agree to provide accurate and complete information when creating a User Account.  When accessing the Site, you further agree to use only the User Account you have created.  You are solely responsible for use of your account and its password.  You agree to notify Us immediately, in writing, at the General Notice Address located below if you discover any breach of security or unauthorized use of your account.

 

Further, you agree to evaluate and bear all risks associated with use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.  You acknowledge that you shall independently verify any User Content and not exclusively rely on any User Content submitted to Us or any other users of the Site through the Site.

 

We shall have the sole authority to choose the manner in which any Content will be received, displayed and used by the Site, and we reserve the right to remove any User Content or refuse access to the Site to anyone at any time in its sole discretion.  We shall have no obligation to (i) resolve disputes among users of the Site; or (ii) monitor or verify the accuracy, safety or proper use of any User Content.

 

Intellectual Property
The Company’s Copyright and Trademark.  All Site materials, including, without limitation, the SunTan.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (individually and collectively, the "Content") are proprietary to the Company and its licensors, and are protected by United States and international copyright, trademark and other intellectual property rights, laws and treaties.   The Site as a collective work is the copyrighted work of the Company.  Access to and use of the Site is expressly governed by these Terms.  You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site.  You agree not to take any action to jeopardize, limit or interfere with the Company's ownership of and rights with respect to the Site and Content.  Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not in expressly authorized by these Terms is strictly prohibited.  You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited.

 

Our trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the rights holder.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.  Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

 

Notwithstanding anything to the contrary, you may not:

  • remove or conceal any proprietary notices from the Site;

  • cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling of the Site, including any Content or any other elements contained or offered by the Site;

  • disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;

  • use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without the Company's express written consent;

  • use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any Content or portion of the Site;

  • use this Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;

  • use meta tags or any other "hidden text" utilizing any Company name, trademark, or product name without the Company's express written consent, or “deep link” to this Site without the Company's express written consent;

  • create, purchase or utilize any banner ads, keywords or any other form of Internet optimization tools to compete with the Company's advertising or redirect traffic from the Company's Site (including by registering or using domain names similar to those utilized by the Site);

  • use the Site or submit any User Content to generate or send any unsolicited commercial email (spam);

  • copy any elements of the Site (other than as expressly provided under United States copyright laws);

  • access, create or modify source code of the Site in any way;

  • use the Site to, or in any way that would, violate any applicable local, state, national and/or international law, regulation, ordinance or fair business or medical practice;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any User Content;

  • collect or store personal data about others;

  • attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;

  • submit or publish User Content that solicits funds or services or contains or includes any virus, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or

  • use this Site to develop, generate, upload, post, display transmit or store information or Content that: (A) infringes any third party's intellectual property, confidentiality, trade secret or other proprietary right; (B) is defamatory, false, hateful, harassing, vulgar, libelous, pornographic, an invasion of privacy, obscene, sexually oriented, abusive, illegal, racist, offensive or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site.

 

User Warranty.  You represent and warrant that (a) you own or have the full right, power and authority to grant to Us use of and rights in and to all User Content; (b) any User Content you provide to Us will be true and accurate; (c) your license of such User Content to the Company hereunder does not, and the use or license of such User Content by the Company to third parties will not, infringe any right or interest owned or possessed by any third party; and (d) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content.

 

Right to Use User Content.  You agree to grant Us the right to use User Content your provide for any purpose, including without limitation for publication of all or part of such User Content on this Site and any in any other forum or medium for unrestricted use by Us for Our users and partners.  By posting information on Site, you grant Us and our affiliates, assignees, transferees and licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, publicize, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such information in any way We see fit and in any format, form, medium, or technology We decide, of any kind, not existing or later developed.  You further agree and acknowledge We shall own all rights for any derivative works using such information.

 

Copyright Policy and Copyright Agent.  We may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.  

 

It is Our policy to respect the copyright and intellectual property rights of others.  We may remove content that appears, in its sole discretion, to infringe the copyright or other intellectual property rights of others.  In addition, We may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

 

If you believe that the Company or any user of our Site has infringed your copyright in any manner, please notify Us, and provide the following information in accordance with the Digital Millennium Copyright Act [Title 17, United States Code, Section 512(c)(3)]:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

  • An identification of the copyrighted work claimed to  have been infringed;

  • A precise identification of the material that you claim is infringing so that we may locate it on the Site;

  • Your address, telephone number, and e-mail address so we may respond to you if necessary;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

 

Please direct inquiries regarding copyright issues by e-mail to:  info@suntan.com

Attn:  DMCA Legal Agent

 

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK.  YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

 

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES.  EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THE COMPANY OR THIRD PARTIES THROUGH THIS SITE.  NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.

 

ALTHOUGH WE STRIVE TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.  IN ADDITION, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, THE SITE AND ANY FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

 

WE DISCLAIM ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED OR CORRECTED.  YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

 

The terms of this section shall survive any termination of the Terms and your use of the Site.

 

There are risks with anything that you use and anything that you do. Everybody is different. We at Suntan.com are not telling you to do anything as we do not know the exact risks that could happen to anyone. Please make sure to check with your doctor or professionally licensed persons that could better guide you into a healthy life.

 

Limitations of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS, SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR AFFILIATES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS, CLUBS OR SERVICES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT, CLUB OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF THE COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  YOUR EXCLUSIVE RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US FOR ANY PRODUCTS OR SERVICES SUPPLIED BY THE COMPANY THROUGH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.

 

We will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

 

The terms of this section shall survive any termination of the Terms and your use of the Site.

 

Indemnity and Hold Harmless
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, successors or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SunTan.com Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
 

This defense and indemnification obligation shall survive any termination of the Terms and your use of the Site.

 

Changes to the Site
We may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree We shall not be liable there for.

 

International Users
This Site is controlled, operated, and administered by Us from Our offices within the United States of America.  We makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited.  You may not use the Site or export the content or products in violation of U.S. export laws and regulations.  If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

 

Applicable Law and Forum
You agree that use of this Site shall be deemed a passive website, solely based in Delaware, that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Delaware. 

 

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the state and federal courts located in the State of Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

 

These Terms of Use, the Community Guidelines and Privacy Policy, together with any other legal notices published on Suntan.com shall constitute the entire agreement between you and Us concerning this Site.

 

The terms of this section shall survive any termination of these Terms and your use of the Site.

 

Termination
Notwithstanding any of these Terms, We reserve the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site.  You agree We shall not be liable for any termination of your use of or access to the Site.

 

Language
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

 

Electronic Signatures and Agreements
You affirm that you are more than 18 years of age or an emancipated minor and are otherwise legally able to enter into contract in the United States.  You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Us to accept the terms and conditions of these Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "ESign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY.  Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

Miscellaneous
We reserve any and all rights not expressly granted herein.  Nothing in these Terms of Use will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Us, and you do not have any authority to create any obligation or make any representation on Our behalf.  You may not assign this agreement, by operation of law or otherwise, without Our express prior written consent.  

 

Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Us and our respective successors and assigns.  If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

 

These Terms, including the agreements and policies referenced herein, constitute the final, complete and exclusive agreement between you and Us with respect to your use of the Site, and may not be contradicted, explained or supplemented by evidence of any prior, contemporaneous, or oral agreements or any other additional terms except as may be amended in accordance with these Terms.  

 

Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.  

 

The terms of this section shall survive any termination of these Terms and your use of the Site.

 

General Notice Address
Please direct inquiries regarding copyright issues by e-mail to: info@suntan.com

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