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BeautyMD Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. 

By using this site, you agree to these Terms and Conditions.

BeautyMD ("BeautyMD") may revise and update these Terms and Conditions at any time. Your continued use of the BeautyMD website ("BeautyMD Site," or the "Site,") indicates your acceptance of these changes.

Site Limitations

The contents of the BeautyMD Site, including text, graphics, images, information obtained from BeautyMD's licensors and any other material contained on the BeautyMD Site (the “Content”), are for informational and entertainment purposes only. These contents are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Any questions you may have about cosmetic surgery or any medical condition should be directed towards your physician, surgeon, or other qualified health provider. Do not disregard professional medical advice or delay seeking or acting on medical advice on the basis of information you have seen on the BeautyMD Site.

By using the Site, you acknowledge that should you choose to act on any information provided by BeautyMD, BeautyMD employees, others appearing on the Site at the invitation of BeautyMD, or other visitors to the Site, you do so at your own risk.

By using the Site, you acknowledge that it may contain health-related materials of a sexually explicit nature. If you are offended by these materials, you may choose not to use the Site.

Use of The Site by Children

We are committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 13, nor is it our policy to collect personal information from children under the age of 13.

Use of Content

BeautyMD authorizes you to view or download a single copy of the material on the BeautyMD Site solely for your personal, non-commercial use as long as your copy includes the following copyright notice: "Copyright ©2012, BeautyMD. All rights reserved" and any other copyright and proprietary rights notices associated with the Content. Rules of use for certain software and other items accessible on the BeautyMD Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Viewed or downloaded Content is protected by Canadian and United States copyright, and by all applicable foreign laws. Title to and ownership of the Content remains with BeautyMD or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is considered a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

All rights not expressly granted herein are reserved for BeautyMD and its licensors.

Content and features on the Site are subject to change or termination without notice at BeautyMD’s editorial discretion.

 

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Liability of BeautyMD and Its Licensors

You agree to use the BeautyMD Site and the Content at your own risk.

When you access or use the BeautyMD Site, information is transmitted over a medium beyond the control and jurisdiction of BeautyMD and its suppliers. BeautyMD assumes no liability for the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the BeautyMD Site, or for any consequences relating to these occurrences.

The BeautyMD Site and the content are provided on an "as is" basis. BEAUTYMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, BeautyMD, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on the BeautyMD Site.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the BeautyMD Site.

In no event shall BeautyMD, its licensors, its suppliers, or any third parties mentioned on the BeautyMD Site be liable for any damages (including, but not limited to, incidental and consequential damages, personal injury, wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use the BeautyMD Site or the Content. This disclaimer of liability covers all claims based on warranty, contract, tort, or any other legal theory, and applies whether or not BeautyMD, its licensors, its suppliers, or any third parties mentioned on the BeautyMD Site are advised of the possibility of such damages.

BeautyMD, its licensors, its suppliers, or any third parties mentioned on the BeautyMD Site shall be liable only to the extent of actual damages incurred by you, not to exceed CAD $1000 . BeautyMD, its licensors, its suppliers, or any third parties mentioned on the BeautyMD Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions .

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User Submissions

The personal information you submit to BeautyMD is governed by the BeautyMD Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the BeautyMD Privacy Policy, the Terms and Conditions shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, blog comments, Ask An Expert postings, forums, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that the submission is non-confidential for all purposes.

You also agree that you will not send or transmit to BeautyMD by email any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to BeautyMD by email, you agree that the submission is non-confidential for all purposes. This agreement covers any communication or content submitted through any BeautyMD Site email address, including the email addresses listed on the "Contact Us" page.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to BeautyMD by email, you automatically grantor warrant that the owner of such content or intellectual property has expressly grantedBeautyMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. BeautyMD may also sublicense its rights through multiple tiers of sublicenses. 

User Submissions — Image, Video, Audio Files

You agree to only upload Media (including photos, videos, or audio) that you have created yourself or for which you own all licensing and transmission rights, and which do not violate trademark, copyright, privacy, or any other rights of any other person.

You agree not to upload Media containing images or video of other people without obtaining their express permission. By uploading Media to the BeautyMD site, you warrant that you have obtained explicit permission from all persons appearing in this Media for you to make this contribution.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (including, but not limited to, name, phone number, email address, website URL, national identification number, birthplace or birthdate) belonging to you or anyone else.

You agree not to upload Media containing expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the BeautyMD Advertising Policy and the BeautyMD Privacy Policy.

You agree not to upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.

By uploading Media to the BeautyMD Site, (a) you grant to BeautyMD a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in the Media; and (b) you certify that any person pictured in the Media (or, in the case of minors, that minor’s parent or legal guardian) authorizes BeautyMD to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the Media; and (c) you agree to indemnify BeautyMD and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the uploading or use of this Media and/or your failure to comply with these Terms and Conditions.

BeautyMD reserves the right to review all Media prior to submission to the Site and to block the publication of, or remove Media for any reason and at any time, without prior notice, at our sole discretion.

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User Password and Account Information

You grant BeautyMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. This information includes your account password and other personal account information. BeautyMD cannot and does not assume any responsibility or liability for any information you choose to submit, or for the use or misuse of information transmitted or received using BeautyMD tools and services by you or any third party.

You are solely responsible for taking all reasonable steps to ensure that no unauthorized person gains access to your passwords or account details. Your responsibilities include (1) controlling the dissemination and use of activation codes and passwords; and (2) authorizing, monitoring, and controlling access to and use of your BeautyMD account; and (3) promptly informing BeautyMD of any need to deactivate a password due to suspected unauthorized access to or use of your account.

 

The BeautyMD Community and Member-to-Member Areas ("Public Areas")

BeautyMD and its licensors are not responsible for the consequences of any communications in the Public Areas, including message boards, blogs, Ask Our Expert, User Reviews or other member communities. If you use a Public Area, you are solely responsible for your own communications and the consequences of posting those communications. You are also responsible for decision to rely or act on any communications found in the Public Areas.

In consideration of your use of the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose that violates any local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights, privacy, or publicity rights of others;
  3. Posting material that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (to be determined at the sole discretion of BeautyMD);
  4. Posting advertisements, business solicitations, chain letters, or pyramid schemes, or spamming the Public Area for commercial or any other reasons.
  5. Disrupting the normal flow of dialogue or posting comments unrelated to a discussion topic (one warning will be issued before disciplinary action is taken);
  6. Impersonating another person;
  7. Uploading viruses or other harmful computer codes;
  8. Harvesting or otherwise collecting information about others, including email addresses;
  9. Allowing any other person or entity to use your identification for posting or viewing comments;
  10. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of BeautyMD, exposes BeautyMD or any of its users to any liability or detriment of any type.

BeautyMD reserves the right (but is not obligated) to perform any of the following remedial actions:

  1. Investigate an allegation that a communication does not conform to the Terms and Conditions, and in particular to the Terms and Conditions related to the use of Public Areas, and determine, at its sole discretion, whether to remove or request the removal of the communication in question.
  2. Terminate a user's access to any or all Public Areas and/or the BeautyMD Site upon any breach of these Terms and Conditions.
  3. Edit or delete any communication(s) posted in the Public Areas or anywhere else on the BeautyMD Site, regardless of whether such communication(s) violate these standards.

BeautyMD and its licensors accept no liability or responsibility to users of the BeautyMD Site or any other person or entity with regards to the performance or non-performance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

BeautyMD may provide links to third-party web sites. BeautyMD may also select certain sites as priority responses to search terms you enter, and may allow advertisers to provide advertisements or sponsored content that appear in response to certain search terms being entered on the Site.

BeautyMD does not recommend and does not endorse any content on any third-party websites, nor does it endorse any product, service, or treatment advertised on the BeautyMD Site. BeautyMD is not responsible for the content of linked third-party sites, sites framed within the BeautyMD Site, third-party sites provided as part of the search results, or third-party advertisements, and does not make any representations regarding the accuracy or reliability of this information. You acknowledge that your use of any third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to defend, indemnify, and hold BeautyMD, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

BeautyMD is based Vancouver, Canada, with principal offices in Vancouver and Costa Rica. BeautyMD makes no claims that BeautyMD, BeautyMD Health Manager, or any Site within the BeautyMD Network and the Content are appropriate for or legally accessible to or downloadable from any area outside of Canada. If you access the BeautyMD Network from outside Canada, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – Image, Video, Audio Files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with BeautyMD, or in any way relating to your use of the BeautyMD Site, resides in the courts of British Columbia. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of British Columbia in connection with any such dispute, including any claim involving BeautyMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of British Columbia without respect to its conflict of laws principles. 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 of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on the BeautyMD Site infringe upon your copyright, you may request removal of those materials (or access thereto) from the Site by contacting BeautyMD's copyright agent (identified below) and providing the following information:

  1. A description or identification of the material that you believe to be infringing and a URL or any other pertinent information that will allow us to locate the material on the BeautyMD Site.
  2. Your name, address, telephone number and (if available) e-mail address.
  3. A statement that you have a good faith belief that use of the material in question is not authorized by the copyright owner, its agent, or the law.
  4. A statement averring the accuracy of the information that you have supplied, and a confirmatory statement indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  5. A signature or the electronic equivalent from the copyright holder or authorized representative.

BeautyMD's agent for copyright issues relating to the Site is as follows:

BeautyMD
Attn: Office of Privacy
Suite 33 - Burrard Landing

1055 Canada Place

Vancouver, BC

V6C 0C3

 

info@beautymd.com

 

To provide a measure of protection for copyright owners, BeautyMD maintains a policy for the termination, in appropriate circumstances, of Site users who repeatedly infringe copyright.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the BeautyMD Site, these Terms and Conditions and the BeautyMD Privacy Policy constitute the entire agreement between the Site user and BeautyMD with respect to the use of the BeautyMD Site and any Content made accessible on the Site.

Last Updated: April 15, 2012

© 2012 BeautyMD All rights reserved.

 

 

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