Welcome to Cloud Skin. Cloud Skin is brought to you by Redbrain Limited (referred to in these Terms as "we", "us", "our", and "Cloud Skin"). We are a company incorporated in England & Wales, with company number 10434678 and with a registered office at Azets, Ventura Park Road, Tamworth, Staffordshire, England, B78 3HL.
These Terms & Conditions ("Terms") together with our Privacy Policy and Cookie Policy and Copyright & Trademarks Policy (collectively, the "Terms") govern your access to and use of Cloud Skin's websites, mobile applications, and other platforms Cloud Skin owns or controls and makes available to you (the "Services"), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Cloud Skin in connection therewith (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. In addition, by purchasing any items through Cloud Skin, you are subject to the Cloud Skin Partner's terms, conditions, and policies.
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of "Saved Items") will be able to be viewed by other users of the Services and through third-party services and websites. You can go to your account "Settings" page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Cloud Skin if you are legally capable of forming a binding contract with Cloud Skin (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States, United Kingdom, or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you open an account on behalf of a company, organization, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that Cloud Skin provides are always evolving and the form and nature of the Services that Cloud Skin provides may change from time to time without prior notice to you. In addition, Cloud Skin may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Cloud Skin retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Cloud Skin on the Services are subject to change. In consideration for Cloud Skin granting you access to and use of the Services, you agree that Cloud Skin and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
In order to register, you are required to provide your username, email address, and password. You are also able to add a profile picture and bio, and add user preferences.
All personal details disclosed by you on the Services will be collected and processed in accordance with our Privacy Policy and Cookie Policy. You warrant that all the information you provide to us is accurate and complete.
You agree to register with Cloud Skin and access and use your account solely for personal use. You may not authorize others to use your account.
You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
You shall promptly notify Cloud Skin of any actual or suspected unauthorized third-party access to your account. You shall cooperate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access, or use of your account by any third party.
You warrant that all registration information and personal details provided to Cloud Skin is true and accurate.
Cloud Skin is an online intermediary which partners with some of the world's best-known brands to give you a wide array of products to buy.
There are two ways to buy products through Cloud Skin:
a) Buying on a Cloud Skin Partner website
Sometimes when you select a particular product that you wish to buy, you will be taken directly to the third-party Cloud Skin merchant (the "Cloud Skin Partner") website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details. You are being taken here because that Cloud Skin Partner is not part of our Integrated Checkout Concierge service (see below for more details). The personal details you enter on these Cloud Skin Partner websites will be collected, stored, and processed in accordance with the terms and conditions and privacy policy of these websites. You must read and accept the terms and conditions and privacy and cookie policies of the Cloud Skin Partner website before purchasing your items from them. Cloud Skin is not responsible for the terms and conditions, privacy policies of and/or practices on other sites. The Cloud Skin Partners are solely responsible for any and all issues related to products and services offered on their websites, including but not limited to issues arising from the processing of your transactions on the Cloud Skin Partner websites. We are only responsible for personal information collected on the Services. Please see our Privacy Policy and Cookie Policy for further information.
b) Buying on Cloud Skin via the Integrated Checkout Concierge
We operate an Integrated Checkout service, allowing you to add multiple items from various Cloud Skin Partners to your shopping basket and checkout all these items on Cloud Skin and through the Services. It is a neat and efficient way of buying all your items in one go. In order to process these payments, we will need to share your personal data, shipping details, and, in some cases, payment details that are related to such transactions with each of the Cloud Skin Partners from whom you are purchasing the products, but only using our secure systems. The personal data, shipping details, and payment details you provide to us will be collected, stored, and processed in accordance with our Privacy Policy and Cookie Policy and in accordance with the privacy and cookies policies of the Cloud Skin Partners from whom you have purchased the products. These Cloud Skin Partners are solely responsible for their use of your personal data, shipping details, and payment details once we share the data with them, and you should carefully review their privacy policies before completing a transaction on our Integrated Checkout service.
Payments made on Cloud Skin via our Integrated Checkout Concierge service are securely processed using Evervault (https://evervault.com/). We prioritize your privacy and security by ensuring that your payment details are never stored or viewed by Cloud Skin. Instead, your payment information is directly transmitted from your browser to Evervault using advanced encryption technologies that comply with PCI DSS (Payment Card Industry Data Security Standard) requirements. This ensures that your sensitive data is protected throughout the transaction process.
Once your payment details are securely received by Evervault, they are encrypted and transmitted directly to the payment gateway of the Cloud Skin Partner from whom you are purchasing the product. This seamless and secure transmission process ensures that your payment is processed efficiently and safely, without exposing your financial information to any unauthorized parties.
By utilizing Evervault's state-of-the-art encryption and secure data transmission protocols, Cloud Skin is committed to providing a safe and reliable shopping experience. We adhere to the highest standards of data protection and privacy, ensuring that your transactions are handled with the utmost care and security.
c) Customer Support for Products bought through Cloud Skin
Please note that Cloud Skin does not hold any inventory, and items are shipped directly to you by the Cloud Skin Partners, regardless of how you purchase your items through Cloud Skin. Therefore, the Cloud Skin Partners' shipping, returns, and refund policies will apply to your order, and you should contact the Cloud Skin Partner from whom you have bought the item directly in respect of any queries you have on the delivery, refund, exchange, or return of the items you purchase.
When you buy a product on a Cloud Skin Partner website (as described in 5(a) above), the Cloud Skin Partner is the seller and merchant of record, and your sales contract is with the Cloud Skin Partner. Cloud Skin has no responsibility for the fulfillment of your order (including delivery delays, refunds, and returns) or any issues you encounter with the product.
When you buy a product on Cloud Skin via Stripe checkout (as described in 5(b)ii. above), Cloud Skin is the merchant of record and is ultimately financially responsible to you for all chargebacks (including refunds). You should direct any queries or issues related to your order (including delivery delays, refunds, and returns) to the Cloud Skin Partner in the first instance. However, if you still need support with any issues after doing so, or the Cloud Skin Partner has been unable to resolve your issue, please reach out to Cloud Skin Customer Care for assistance. Further details can be found under Cloud Skin's return information pages here and here.
a) Cloud Skin Partner Websites
If you are making a payment on one of our Cloud Skin Partner websites, payment can be made by any card accepted by the Cloud Skin Partner that delivers the product. You will be asked to enter your shipping details, billing details, and payment details in order to purchase the product from the Cloud Skin Partner.
b) Payments on Cloud Skin via our Integrated Checkout Concierge service
If your order is successful you will receive confirmation emails from both Cloud Skin and the relevant Cloud Skin Partner. Your credit/debit card receipt will show the name of the Cloud Skin Partner.
c) Storage of your information
If you are a Cloud Skin member, your shipping and billing details will be stored in accordance with our Cookie Policy and the Services will remember your shipping and billing details the next time you go to purchase an item via our Integrated Checkout Concierge service. If you are not a Cloud Skin member, you may be required to enter your shipping and billing details each time you purchase an item.
If you use our Integrated Checkout Concierge service, Cloud Skin will not collect or store your payment card details. Payment card information will be processed directly by Evervault and the partner payment gateway. Payments will be subject to Evervaults's and the partner payment gateways terms and conditions.
All billing and customer information transmitted by Cloud Skin will be fully encrypted and only used to process card transactions which you have initiated. For further details of how your information is kept secure, please see the Payment Security section.
d) Payment methods
There are certain payment methods that you cannot use on the Services. Cloud Skin Partners may not accept:
You can find more information on the payment methods that Cloud Skin accepts here.
e) General information about online payments
However you pay for an item, you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.
We take reasonable care to make our site secure. All billing and customer information transmitted by Cloud Skin will be fully encrypted and only used to process card transactions which you have initiated. Please note, however, that we are not responsible, and have no liability, for transactions which are made on Cloud Skin Partner websites.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Services.
Orders may be subject to additional taxes, duties, and charges. Please be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies, or delivery charges applied in the country you have selected for the delivery of your order. Where possible, Cloud Skin will calculate these charges on your behalf and add them to the total cost of your order.
Where it is not possible for Cloud Skin to calculate and charge additional taxes, duties, and charges at checkout, including customs charges, you may be responsible for the payment of these charges when you receive your order.
You may place an order on Cloud Skin Integrated Checkout Concierge from a retailer whose original prices are in a different currency from that applicable to your location. Where this is the case, Cloud Skin will show you the prices in the currency applicable to your location. When calculating the final order price, we add a small percentage (between 1% and 3%) to the total price to account for any currency fluctuations. This is to prevent the order from failing because of real-time currency fluctuations. If, when the retailer processes the order, there has been an overpayment, the retailer will refund any such overpayment back to your original payment method via the payment process provider.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access, or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
All Content you post on the Services (such as product reviews) is the sole responsibility of the person who originated such Content.
Although Cloud Skin does not routinely screen or monitor content posted by users of the Services, Cloud Skin reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Cloud Skin becomes aware, but Cloud Skin is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.
Cloud Skin does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Cloud Skin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
We allow you to follow other Cloud Skin users and items they have compiled on the Services. By using the Services, you agree to allow other users of the Services to follow you.
You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Cloud Skin a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this licence includes the right for Cloud Skin to make such Content available to other companies, organisations or individuals who partner with Cloud Skin for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Cloud Skin, or other companies, organisations or individuals who partner with Cloud Skin with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
Cloud Skin may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Cloud Skin's third party partners. You understand that your Content may be used, reproduced or displayed by Cloud Skin's Partners and if you do not have the right to submit Content for such use, it may subject you to liability. Cloud Skin will not be responsible or liable for any use of your Content by Cloud Skin in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Cloud Skin gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Cloud Skin, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Cloud Skin and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.
Cloud Skin is a registered trade mark of Redbrain Limited. Both the trade mark and the Cloud Skin logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Cloud Skin name or any of the Cloud Skin trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Cloud Skin, or the Services is entirely voluntary and Cloud Skin will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You shall not use the Services:
Cloud Skin reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Cloud Skin also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Cloud Skin, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the Cloud Skin API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
a) Cloud Skin Promotions terms and conditions ("Cloud Skin Promotion Terms")
From time to time, Cloud Skin may run promotions, including promotional discount codes, which apply to orders made on the Integrated Checkout Concierge on our site. These Cloud Skin Promotion Terms apply to all Cloud Skin promotions. Each Cloud Skin promotion will also have specific terms and conditions. The specific terms and conditions for current Cloud Skin promotions will be displayed in this section and/or in any communication you may receive informing you of the promotion (usually email). If there is a conflict between these Cloud Skin Promotion Terms and the specific promotion terms, the specific promotion terms will prevail.
By using a promotional code and/or taking part in a Cloud Skin promotion you will be deemed to have read and understood the applicable terms and agreed to be bound by them. The Terms displayed on the Cloud Skin sites shall apply to all Cloud Skin promotions.
Cloud Skin promotions only apply to purchases made on Cloud Skin’s Integrated Checkout Concierge on our site and are not valid on the websites of any of our Retailer Partners. Cloud Skin promotions are an arrangement between you and Cloud Skin, and not between you and the Retailer Partner. As such, any discount will not be reflected in communications you may receive from the Retailer Partner regarding the order. Cloud Skin promotional codes have no cash value, cannot be transferred, forwarded or reassigned and cannot be redeemed for cash. Cloud Skin promotional codes cannot be used in conjunction with any other offer.
Cloud Skin promotions are not valid for purchases made from Macy's or Bloomingdale's.
For promotional codes, you will need to enter the promotional code in the "Cloud Skin Promo Code" box on the cart page and click "apply" to obtain the discount.
Cloud Skin reserves the right to suspend, change or cancel any promotion, at any time, at our discretion. Cloud Skin may update these Cloud Skin Promotion Terms from time to time and reserves the right to add to them as and where necessary. You should review these Cloud Skin Promotion Terms periodically for changes.
If you return items bought using a promotional offer, any refund you may be entitled to receive will not include the redemption value of that promotional offer. You will receive no more than the amount you paid towards the final basket price.
b) Retailer Partner Promotions terms and conditions ("Retailer Partner Promotion Terms")
From time to time, Cloud Skin may permit customers using the Cloud Skin sites to take part in competitions and promotions offered by our retailer partners ("Retailer Promotions"). Retailer Promotions will be subject to any specific terms and conditions set by the Retailer Partner and usually available on the Retailer Partner's website. You should ensure that you read the specific promotion terms and conditions on the Retailer Partner's website. From time to time, Cloud Skin may identify that a Retailer Promotion is 'ending soon' or is a 'limited time offer'. This means that the end date for the applicable Retailer Promotion falls within the next six days. Cloud Skin receives such end date information from our Retailer Partners and takes reasonable steps to ensure that this information is accurate and up to date. Notwithstanding the foregoing, you should ensure that you read the applicable Retailer Promotion terms and conditions on the relevant Retailer Partner's website for full details and to confirm the end date. By using a promotional code and/or taking part in a Retailer Partner's promotion on the Cloud Skin sites you will be deemed to have read and understood the terms relating to the Retailer Promotions and agree to be bound by them.
For orders placed via a Retailer Partner's website, we will provide a promotional code to be entered at the Retailer Partner's checkout. You must ensure that the promotional code is correctly inputted at checkout to apply any discount to your order. For orders placed on the Integrated Checkout on our site, where a promotion is indicated, Cloud Skin will automatically apply the discount at checkout.
Cloud Skin complies with all applicable UK and US sanctions law in accordance with Cloud Skin's sanctions policy.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, CLOUD SKIN AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
Cloud Skin makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Cloud Skin will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Cloud Skin has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Cloud Skin makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Cloud Skin or through the Services, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUD SKIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENSE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
The failure of Cloud Skin to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
These Terms are the entire and exclusive agreement between Cloud Skin and you regarding the Services (excluding any services for which you have a separate agreement with Cloud Skin that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Cloud Skin and you regarding the Services. Other than members of the group of companies of which Cloud Skin is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty, or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at help@cloudskin.co.uk. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Cloud Skin may revise these Terms from time to time, the most current version will always be available here. If the revision, in Cloud Skin's sole discretion, is material Cloud Skin will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Redbrain Limited, Azets, Ventura Park Road, Tamworth, Staffordshire, England, B78 3HL. If you have any questions about these Terms, please contact us.
This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
These Terms are effective as of March 13, 2025.