PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY (COLLECTIVELY, THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE AND/OR MOBILE APPLICATION.

These Terms and Conditions will govern your use of any websites and/or mobile applications (collectively, the “Services”) owned and/or operated by Skin Deep Media Corp and its successors, licensees and assigns. By using the Services, you signify your consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use the Services. Further, you may not use the Services if you are not eighteen (18) years of age or older and of the age of majority in your state of residence. Skin Deep Media Corp may revise and update these Terms and Conditions at any time and you agree to review these Terms and Conditions periodically to be aware of such changes. Your continued use of the Services will mean you accept such changes.

Your Use of Content.

As between you and Skin Deep Media Corp, all content contained on or accessed from the Services, including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, images, applications, programs, computer code and/or any other materials and/or information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Skin Deep Media Corp and protected by copyright, trademark and/or other intellectual property and unfair competition laws. Notwithstanding the foregoing, as between you and Skin Deep Media Corp, you shall retain all right, title and interest in and to the User Materials (defined below), subject to the license granted to Skin Deep Media Corp pursuant to Section 2 below. Skin Deep Media Corp authorizes you to view the Content solely for your personal, non-commercial, informational purposes and solely in accordance with the terms hereof. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or exploit, use, sell, rent or license to any third party, all or any part of the Content, except as otherwise expressly permitted under these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions may constitute a breach hereof and may violate copyright, trademark, and/or other laws. All rights not expressly granted herein are reserved to Skin Deep Media Corp.

Content Submitted by You.

Skin Deep Media Corp may, from time to time, offer you the opportunity to submit stories and/or images via the Services (“User Materials”). If you choose to submit any User Materials, Skin Deep Media Corp may edit, revise and modify such User Materials in order to conform it to certain form, size and/or content limitations. By way of example only, Skin Deep Media Corp may need to resize your photographs so that they fit within the applicable platform, or edit your story for length. Further, Skin Deep Media Corp may share the User Materials with Skin Deep Media Corp’s venue operators and/or research and/or analytics partners.

In addition, to the extent any portion of any User Materials contains any elements protected by copyright and/or trademark law, you automatically grant to Skin Deep Media Corp and its agents, successors, licensees and assigns the non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid right and license to edit, modify, interpolate, digitize, reproduce, publish, distribute and/or otherwise use such User Materials, either by themselves, or in combination with other materials, and, subject to Skin Deep Media Corp’s privacy policy set forth in Section 3 below, to use your name, likeness, image and/or biographical information in and in connection therewith, throughout the universe, in perpetuity, in any and all media now known or hereafter devised. You hereby waive any moral rights in, or approval rights to the use of, such User Materials.

You acknowledge and agree that: (i) Skin Deep Media Corp has no obligation to use or respond to any User Materials; (ii) except as specifically set forth herein, your submission of User Materials imposes no obligation whatsoever on Skin Deep Media Corp, whether of confidentiality, review, approval, attribution, use or otherwise; and (iii) Skin Deep Media Corp shall not be liable for any use or disclosure of any User Materials as contemplated herein. Further, you represent and warrant that: (i) all User Materials are truthful, accurate and do not violate the copyright, trademark, patent, trade secret or any other right of any third party; and (ii) you own or control 100% of the rights in all User Materials and will not provide any User Materials which contain any names, images, biographical information, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, service names or any other copyrighted and/or proprietary materials of any third party (collectively, the “Third-Party Materials”), unless you have first secured the right to use same, as set forth more fully below. You hereby waive any and all claims (including, without limitation, claims based upon copyright or trademark infringement, invasion of privacy, defamation, false light, or right of publicity) arising out of any use, as permitted herein, of the User Materials and/or of your name, image, likeness, voice and/or biographical information and/or that of any third party that is included therein.

Without limiting any other provision of these Terms and Conditions, if any portion of your User Materials includes any Third-Party Materials, you represent and warrant that you have an irrevocable, transferable, sub-licensable, written license to use, and to permit others to use, such Third-Party Materials, to the same extent as set forth above, free and clear of any obligation of compensation to you or anyone else, and you hereby sublicense all such rights to Skin Deep Media Corp on a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid basis.

You acknowledge and agree that Skin Deep Media Corp has the absolute right (but not the obligation) to review and monitor all User Materials in its sole discretion, and that Skin Deep Media Corp reserves the right to alter, edit, refuse or remove any User Materials, in whole or in part, for any reason or no reason. You agree that you shall immediately notify Skin Deep Media Corp in writing of any objectionable User Materials and/or other Content appearing on the Services.

Privacy and Security.

When you submit User Materials via the Services, you will have the option to provide Skin Deep Media Corp with certain personally-identifiable information, including, without limitation, your name. Although you may choose to submit User Materials anonymously, Skin Deep Media Corp will store the email address from which you submit any such User Materials in its database (the “Contact Information”). Subject to paragraph 4, below, Skin Deep Media Corp will not use this Contact Information, except to communicate with you, on an as-needed basis, and for its archival purposes.

Bear in mind, however, that User Materials may, themselves, contain textual references and/or images that could allow others to identify you. You understand and agree that, should Skin Deep Media Corp choose to publish User Materials on any Service, these references and/or images may be made accessible to the general public, and that TOW shall have no control over the further use and/or dissemination thereof by any third party. IF YOU DO NOT WANT SUCH REFERENCES AND/OR IMAGES TO BE MADE PUBLIC, PLEASE DO NOT INCLUDE THEM IN USER MATERIALS.

In addition, if you choose to use the Services, Skin Deep Media Corp may collect non-personal information about you (“Non-Personal Information”). Non-Personal Information (known as demographic information) is general information that does not identify you personally. This information may include, without limitation, your activity within the Services, geographic location, and/or certain information that you provide in response to surveys conducted through the Services, such as your age, gender and/or military status, and/or your experiences and impressions in connection with any Skin Deep Media Corp performances that you attend. If you choose to submit User Materials, Skin Deep Media Corp may associate your Non-Personal Information therewith.

Non-Personal Information may be collected by various methods, including, without limitation, the use of cookies. Cookies are pieces of information that a website sends to your device while you are viewing it. Skin Deep Media Corp uses cookies for a variety of purposes, including, for example, to enhance your experience within the Services, determine your geographic location and ascertain whether you responded to Skin Deep Media Corp’s survey questions. You can choose to have your device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser settings. Each browser is a little different, so look at your browser help menu to learn the correct way to modify your cookies. Note, however, that if you turn cookies off, you may not have access to certain elements that make your web experience smoother, and some of Skin Deep Media Corp’s features may not function properly.

All Non-Personal Information may be used for archival, research and analytics purposes. Skin Deep Media Corp may also publish aggregations and/or analyses of Non-Personal Information in any manner or media.

Skin Deep Media Corp will store all User Materials, Contact Information and Non-Personal Information that it collects in a dedicated hosting environment. While Skin Deep Media Corp implements security measures in connection with the Services, please note that 100% security is not always possible.

If at any time you decide to update your Contact Information, or remove your Contact Information from Skin Deep Media Corp’s database, you may do so by emailing Skin Deep Media Corp at: [email protected]. Skin Deep Media Corp will use commercially reasonable efforts to modify its database pursuant to any such legitimate request as soon as practicable. However, you understand and agree that certain residual copies of such information may be impossible or difficult to locate or remove, and may continue to exist on Skin Deep Media Corp’s backup systems.

Required Disclosures.

Notwithstanding anything to the contrary contained in this Agreement, Skin Deep Media Corp reserves the right to disclose any User Materials, Contact Information and/or Non-Personal Information, and/or the circumstances surrounding their transmission, to any third party in order to satisfy any applicable law, regulation, legal process or governmental request, and/or to protect Skin Deep Media Corp, users of the Services, service providers and/or other third parties.

Third-Party Links.

The Services may link to third-party websites. Skin Deep Media Corp does not recommend or endorse any content on any third-party website. Further, Skin Deep Media Corp has no control over and is not responsible for the content of any third-party websites or advertisements, and does not make any representations regarding their content or accuracy. You understand that by visiting any third-party website linked to the Services you may be exposed to content or other materials that you may find offensive, indecent, defamatory or otherwise objectionable. Your use of any third-party website is at your own risk and subject to the terms and conditions of use for such website.

Skin Deep Media Corp will not, either directly or indirectly, be held responsible or in any way liable for: (i) the non-availability of any third-party website; (ii) any content and/or materials, including, without limitation, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services and/or products available on or from such websites; (iii) your participation, correspondence or business dealings with any third party found on or through such websites, including, without limitation, any payment and delivery of specific goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party; and/or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party or your use of any third-party website.

Warranty Disclaimer/ Limitation of Liability.

THE USE OF THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK.

When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Skin Deep Media Corp and/or its suppliers. Accordingly, Skin Deep Media Corp assumes no liability for the non-availability of the Services and/or any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”. NEITHER Skin Deep Media Corp, NOR ANY OF ITS INDEPENDENT CONTRACTORS, RESEARCH AND/OR ANALYTICS PARTNERS, AFFILIATES AND/OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, LICENSEES AND/OR ASSIGNS (COLLECTIVELY, THE “Skin Deep Media Corp PARTIES”), ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED THEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS A PROMISE, GUARANTEE AND/OR CLAIM BY ANY Skin Deep Media Corp PARTY REGARDING THE SERVICES AND/OR YOUR USE THEREOF. NONE OF THE Skin Deep Media Corp PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE THAT HAPPENS OR IS ALLEGED TO HAVE HAPPENED, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE SERVICES AND/OR ANY CONTENT APPEARING THEREON. NO Skin Deep Media Corp PARTY MAKES ANY GUARANTEE AS TO THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE SERVICES. NO Skin Deep Media Corp PARTY SHALL BE LIABLE FOR ANY ACTUAL OR ALLEGED LOSSES AND/OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY CONTENT APPEARING ON THE SERVICES OR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY SUCH CONTENT. THE Skin Deep Media Corp PARTIES DISCLAIM (I) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SERVICES, AND (II) ALL OTHER WARRANTIES WHICH ARE NOT EXPRESSLY GRANTED HEREIN.

IN NO EVENT SHALL ANY OF THE Skin Deep Media Corp PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION OR LOSS OF DATA, ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICES), UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT SHALL THE Skin Deep Media Corp PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE LESSER OF (I) THE CUMULATIVE AMOUNT OF PAYMENTS MADE TO TOW BY YOU (IF APPLICABLE) OVER THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM UNDERLYING SUCH LIABILITY, OR (II) ONE THOUSAND DOLLARS ($1,000).

THE LIMITATIONS ON THE LIABILITY OF ANY Skin Deep Media Corp PARTY TO YOU, AS SET FORTH IN THIS SECTION, SHALL APPLY WHETHER OR NOT ANY SUCH Skin Deep Media Corp PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH LOSSES OR DAMAGES OCCURRING.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES INCLUDING WITHOUT LIMITATION YOUR USE OF THIS SERVICES, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.

Indemnification.

You agree to indemnify, defend and hold harmless each of the Skin Deep Media Corp Parties from any and all claims, demands, actions or damages of every kind and nature (whether actual, consequential, direct and/or indirect), including, without limitation, reasonable attorneys’ fees and disbursements arising out of your: (i) breach or alleged breach of any provision of these Terms and Conditions; (ii) violation or alleged violation of any law, rule and/or regulation; and/or (iii) alleged or actual negligence or willful misconduct. You shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such Skin Deep Media Corp Party; provided, however, that each such Skin Deep Media Corp Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion, after you assume the control thereof. You agree not to enter into any settlement that any of the Skin Deep Media Corp Parties believes is adverse to its interests without receiving the prior written consent of each such party. In no event shall any Skin Deep Media Corp Party be obligated to participate in any settlement that such party reasonably believes would have an adverse effect on such party’s business interests.

No Equitable Relief.

You acknowledge and agree that in the event of a breach of these Terms and Conditions by Skin Deep Media Corp or any third party, your sole and exclusive remedy for such breach will be an action at law for monetary damages (if any) and in no event will Skin Deep Media Corp be liable to you or any third party for any indirect, incidental, consequential or punitive damages in connection therewith. You irrevocably waive any right to enjoin or restrain the use of any Content, User Materials, Contact Information, Non-Personal Information and/or any User Materials, in whole or in part, or otherwise to seek and/or obtain equitable or injunctive relief in connection herewith.

No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Skin Deep Media Corp by reason of these Terms and Conditions.

Apple Requirements

If you downloaded any Service from the Apple, Inc. (“Apple”) App Store, the following terms also apply to you:

(a) Acknowledgement: You acknowledge that these Terms and Conditions are between you and

TOW only, and not with Apple, and Skin Deep Media Corp, not Apple, is solely responsible for the Services and the content thereof.

(b) Scope of License: Without limiting anything else set forth in these Terms and Conditions, the license granted to you hereunder is a limited, non-transferable license to use the Services on any iPod, iPad and/or iPhone that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.

(c) Maintenance and Support: Skin Deep Media Corp, and not Apple, is solely responsible for providing any maintenance and support services in connection with the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

(d) Warranty: Skin Deep Media Corp is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 6 of these Terms and Conditions. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Skin Deep Media Corp’s sole responsibility.

(e) Product Claims: Skin Deep Media Corp, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Skin Deep Media Corp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent set forth in these Terms and Conditions.

(g) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Developer Contact Info: You may direct any questions, complaints or claims concerning the Services either to: (i) SKIN DEEP MEDIA CORP d/b/a THE SKIN DEEP, 80 Metropolitan Ave, Brooklyn, NY 11249; or (ii) [email protected]

(i) Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and Conditions, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third party beneficiary thereof.

(j) Conflict: In the event of a conflict between any provision of these Terms and Conditions and the App Store Terms of Service, the App Store Terms of Service shall prevail.

General.

The provisions of these Terms and Conditions will survive termination or expiration to the extent necessary to carry out the intentions of SKIN DEEP MEDIA CORP. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver by SKIN DEEP MEDIA CORP of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law/Jurisdiction.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without reference to New York’s conflict of laws principles. Any claim arising hereunder shall be prosecuted exclusively within the State and Federal courts situated in the State of New York, County of New York, and courts with appellate jurisdiction therefrom, and the parties agree and expressly consent to the jurisdiction of such courts for such purposes.

Complete Agreement.

These Terms and Conditions constitute the entire agreement between you and SKIN DEEP MEDIA CORP with respect to the use of the Services and the Content, and your User Materials, Contact Information and Non-Personal Information.