Site Content, Ownership, Limited
License, and Rights of Others
materials and content on our sites and applications are protected by
copyrights, trademarks, or other intellectual property rights. These
materials are owned by Wilborn Pharmaceuticals (“we,” “our,” or “us”), or are
used with permission of their owners or as otherwise authorized by law. Such
materials include, but are not limited to, trademarks, content, photographs,
images, illustrations, text, videos, and other materials. Wilborn
Pharmaceuticals trademarks include, but are not limited to, Tress Therapy,
Skin Therapy and other Wilborn Pharmaceuticals brands, logos and tag lines.
All rights are reserved, worldwide.
to your strict compliance with these Terms, Wilborn Pharmaceuticals grants
you a limited, non-exclusive, revocable, non-assignable, personal and
non-transferable license to use our sites and applications for your personal,
non-commercial purposes only.
using our sites and applications, you must respect the intellectual property
and other rights of Wilborn Pharmaceuticals and others. Your unauthorized use
of content from our sites or applications may violate copyright, trademark,
privacy, publicity, communications and other laws, and any such use may
result in your personal liability, including potential criminal liability.
Wilborn Pharmaceuticals respects the intellectual property rights of others.
If you believe that your work has been infringed by means of an improper
posting or distribution of it on our sites or applications, please review
Reporting Potential Copyright Infringement to us, below.
Use and Restrictions
unauthorized use of our sites or applications for any purpose is prohibited.
We may suspend or terminate the availability of our sites or applications
(and any elements or features of them), in whole or in part, for any reason,
and at any time, in our sole discretion, and without advance notice or
You agree that you will not:
from your purchase of goods or services offered for sale by Wilborn
Pharmaceuticals or its affiliates, use our sites or applications for any
political or commercial purpose;
in any activities through or in connection with our sites or applications
that attempt to or do harm any individuals or entities or are unlawful,
offensive or abusive, or that violate any right of any third party, or are
otherwise objectionable to Wilborn Pharmaceuticals;
engineer, decompile, disassemble, reverse assemble or modify any site or
application source or object code or any software or other products,
services, or processes accessible through any portion of our sites and
in any activity that interferes with another user’s access to our sites or
applications or the proper operation of our sites or applications, or
otherwise causes harm to our sites or applications, Wilborn Pharmaceuticals
or other users;
with or circumvent any security or access feature of our sites or
violate these Terms.
You also agree that, in using our sites and applications:
will not copy or distribute any content from our sites or applications
manually or by using any robot, scraper, crawler, or any other automatic
device or process;
will not frame or utilize framing techniques to enclose any content from our
sites (including any images, text, or page layout);
will keep intact all trademark, copyright, and other intellectual property
notices contained in content from our sites and applications;
will not use content from our sites or applications in a manner that suggests
an unauthorized association with any of our or our licensors’ products,
services or brands;
will not copy, modify, reproduce, archive, sell, lease, rent, exchange,
create derivative works from, publish by hard copy or electronic means,
publicly perform, display, disseminate, distribute, broadcast, retransmit,
circulate or transfer to any third party or on any third-party application or
website, or otherwise use or exploit content from our sites or applications
in any way for any purpose except as specifically permitted by these Terms or
with the prior written consent of an officer of Wilborn Pharmaceuticals or,
in the case of content from a licensor, the owner of the content; and you
will not insert any code or product to manipulate content on our sites or
and Terminating Accounts; Limitations of Liability
and Terminating Accounts:
use some of the features on our sites and applications, you must first
register for an account through our online registration process. When you
register for an account, you will select your own password (or we may send
you an e-mail with an initial password) and you agree that:
will not use a username (or e-mail address) that is already being used by someone
else, impersonates another person, belongs to another person, violates the
intellectual property or other right of any person or entity or is offensive.
We may reject the use of any password, username or e-mail address for any
other reason in our sole discretion.
will provide true, accurate, current and complete registration information
about yourself during the registration process and will update it as needed
to keep it accurate. You will immediately notify us of any unauthorized use
of your account, password or username, or any other breach of security;
will not sell, transfer, or assign your account or any account rights.
are solely responsible for all activities that occur under your account,
password and username whether or not you authorized the activity.
are solely responsible for maintaining the confidentiality of your password
and for restricting access to your device(s) so that others may not access
any password protected portion of our sites or applications using your name,
username, or password.
will not be liable for any loss or damage (of any kind and under any legal
theory) to you or any third party arising from your inability or failure for
any reason to comply with any of the foregoing obligations in Sections 3(A)
or 3(B). If any information that you provide, or if we have reasonable
grounds to suspect that any information that you provide, is false,
inaccurate, outdated or incomplete, or violates these Terms, or any
applicable law, we may suspend or terminate your account. We also reserve the
more general and broad right to terminate your account or suspend or
otherwise deny you access to it or its benefits all in our sole discretion,
for any reason, and without advance notice or liability.
SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 3(B).
You Make (“User-Generated Content”)
to the rights and license you grant in these Terms, you retain whatever
legally cognizable right, title and interest that you have in your
User-Generated Content and you remain ultimately responsible for it. You
hereby grant to Wilborn Pharmaceuticals a non-exclusive, unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual and cost-free
right and license to use any User-Generated Content that you create or post
in any manner, as Wilborn Pharmaceuticals sees fit, including for
advertising, marketing or promotional purposes. As such, you acknowledge and
agree that User-Generated Content may be made publicly available, and you
grant that Wilborn Pharmaceuticals may, but is not obligated to, protect and
enforce our rights to your User-Generated Content, including by bringing and
controlling actions in your name and on your behalf (at our cost and expense,
to which you hereby consent and irrevocably appoint Wilborn Pharmaceuticals
as your attorney-in-fact, with the power of substitution and delegation,
which appointment is coupled with an interest).
you submit User-Generated Content, you represent and warrant that you are at
least the age of majority in the jurisdiction in which you reside and are the
parent or legal guardian, or have all proper consents from the parent or
legal guardian, of any minor who is depicted in or contributed to the
User-Generated Content you submit, and that (a) you are the sole author and
owner of the intellectual property and other rights to the User-Generated
Content, or you have a lawful right to submit it and grant Wilborn
Pharmaceuticals the rights to it that you are granting by these Terms, all
without any Wilborn Pharmaceuticals obligation to obtain consent of any third
party and without creating any obligation or liability of Wilborn
Pharmaceuticals; (b) the User-Generated Content you submit is accurate; (c)
the User-Generated Content does not and will not infringe any intellectual
property or other right of any third party; and (d) the User-Generated
Content will not violate these Terms or cause injury or harm to any person.
Pharmaceuticals may, but will not have any obligation to, review, monitor,
display, post, store, maintain, accept, or otherwise make use of, any User-Generated
Content, and Wilborn Pharmaceuticals may, in its sole discretion, reject,
delete, move, re-format, remove or refuse to post or otherwise make use of
User-Generated Content without notice or any liability to you or any third
party in connection with our operation of our sites and applications.
SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 4.
for User-Generated Content
you make postings or otherwise create User-Generated Content, you agree to
of your User-Generated Content either must be your original work or you must
have all necessary rights in it from third parties required for you to comply
with these Terms. Your User-Generated Content should not contain any logos,
phrases or trademarks that belong to third parties.
we permit you to post or link to photos, link to embedded videos, or
otherwise include other images of real people, then you must make sure that
they depict only you, or that you have express permission to depict and post
images of each other person depicted.
of your activities on our sites or applications, including User-Generated Content,
must be appropriate, as determined by us. Please be respectful of others.
User-Generated Content must not be for commercial or political purposes.
User-Generated Content must not promote any infringing, illegal or other
similarly inappropriate activity.
may not impersonate any other person, user or company. Do not submit
User-Generated Content that you believe may be false, fraudulent, deceptive,
inaccurate or misleading, or that misrepresents your identity or affiliation
with a person or company.
User-Generated Content may be publicly accessible and as such should not
contain personal information.
you submit User-Generated Content to our sites or applications, you may not
be able to edit or remove it.
User-Generated Content must not contain viruses, Trojan horses, spyware, or
any other technologies or malicious code that could impact the operation of
our sites or applications or others’ software or devices.
are solely responsible for your interaction with other users of our sites and
applications, whether online or offline. We are not responsible or liable for
the conduct or content of any user. We reserve the right, but have no
obligation, to monitor or become involved in disputes between you and other
SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.
you submit User-Generated Content that Wilborn Pharmaceuticals believes may
violate any of these rules, then we may, but are not required to, take any
legally available action that we deem appropriate, in our sole discretion,
including the removal of such Content or your account or restriction of
access to our sites or applications. You may report potential violations of
these rules to us at firstname.lastname@example.org.
Potential Copyright Infringement to Us
you believe that any material on our sites or applications infringes your
copyright, please send us a notification, under the Digital Millennium
Copyright Act (“DMCA”), by e-mail to email@example.com or by writing to
Legal Department, Wilborn Pharmaceuticals,4490 Commerce Drive. Atlanta,Ga.
(404)4847110. Please include the following, as required by the DMCA:
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