Terms & Conditions
By entering this Website or related properties of AboutPlasticSurgery ("APS" or "the APS Site", or "the Site") linked to this Website, including, without limitation, any Correspondence (as defined below), chat rooms and bulletin boards, or registering your email address to receive correspondence from APS, or registering as a member, you acknowledge and agree to be bound by the following terms and conditions of service (the "Terms and Conditions"). If you do not agree with all of the provisions of these Terms and Conditions, please do not enter, or use the APS Site, register your email address to receive Correspondence, or register as a member.
BY ENTERING THE APS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER, ACCESS, OR USE THE SITE, THE SERVICE, OR THE CORRESPONDENCE. APS MAY MAKE IMPROVEMENTS OR CHANGES IN THE INFORMATION, SERVICES, PRODUCTS, AND OTHER MATERIALS ON THIS SITE, OR TERMINATE THIS SITE, AT ANY TIME WITHOUT NOTICE. APS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. ACCORDINGLY, YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY, AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
By entering the APS site, you are acknowledging that APS is not responsible for the content placed on the site by any person entering the site whether the information on the site is provided by APS or a person associated with or affiliated with APS or by any third person entering the site for any purpose. You further acknowledge that you will not seek to hold APS liable for any information or material which you find objectionable or offensive, generally or specifically involving yourself. You further acknowledge and agree that it is possible that persons entering or using the site may express opinions or provide information which you find either objectionable, untrue, inaccurate, defamatory, or libelous. You acknowledge that APS has no control over for such information or postings and that accordingly, you will not seek to hold APS liable for such content, or such damages as you may suffer as a result of such statements or information.
THE APS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. APS IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY MESSAGE OR INFORMATION ON THE APS SITE AND YOU SHOULD ALWAYS CONSULT A PHYSICIAN BEFORE RELYING ON ANY INFORMATION YOU FIND ON THE APS SITE OR IN THE APS CORRESPONDENCE. NO DOCTOR PATIENT RELATIONSHIP IS ESTABLISHED BETWEEN YOU AND DDC SINCE DDC IS NOT A PHYSICIAN OR PROVIDER OF MEDICAL SERVICES. A DOCTOR PATIENT RELATIONSHIP CAN ONLY BE ESTABLISHED BETWEEN YOU AND A PHYSICIAN YOU LEARN ABOUT ON APS OUTSIDE APS.
APS and its agents, affiliates, marketing partners, and suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, materials, or content obtained through the use of the APS Site or Correspondence. The information about health care providers provided on the APS Site, or in Correspondence is for informational purposes only. APS receives health care provider information for this Site, and its Correspondence from many sources. APS does not investigate the information about health care providers on its Site, or in Correspondence, or control the content of the posting, including the comments submitted by Site or Correspondence users. APS makes no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of the date and information about health care providers available from this Site or Correspondence.
APS is not liable or responsible for any injuries or deaths occurring to any user of APS Site or Correspondence, which may occur as a result of use of the Site or reliance on information contained therein or from the use of the services of any physician you learn about at, or through, APS.
The contents of the APS Site and Correspondence
Registration Information
Upon visiting, registering as a member, or registering your email address with the APS Site, you will receive via electronic mail, Correspondence from APS, including newsletters, other promotional materials from APS, and other promotional and/or informational communications, including advertisements, from APS (collectively, Correspondence). Should you desire not to receive any Correspondence from APS, you may unsubscribe by clicking on the unsubscribe link within the newsletter or other correspondence.
Submitting Content
By submitting content, posting messages, uploading files, inputting data and registration information, or engaging in any other form of communication on the APS Site or through services and/or associations made and/or originating on the APS Site, you grant that the owner of such content has expressly granted APS a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right (including any moral rights) and license to:
- Use, reproduce, copy, edit, sublicense, modify, adapt, publish, translate, create derivative works from, transmit, distribute, publicly perform, or display any such communication (in whole or in part) and/or to incorporate it in other works in any form, format, media, medium or technology now known or later developed; and
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
- You grant APS the right to modify, supplement or delete the content of certain information you submit to the site.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under any copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license above. Subject to the foregoing, the owner of such content placed on the APS Site retains any and all rights that may exist in such content.
User Submissions
The APS Site may include bulletin boards and chat rooms ("Common Areas") which allow feedback to APS and interaction between users. You acknowledge that as APS does not monitor the messages, information or files delivered to the common areas, and in recognition thereof you shall not seek to hold APS responsible or liable for any content you may find offensive, objectionable, untruthful or libelous. You further acknowledge and agree by entering and/or using the site, that APS is not responsible in any manner for any opinion expressed on the site and the publication of information or content on the site does not in any represent any opinion, endorsement or statement by APS. You further acknowledge that APS does not have the ability to determine persons or entities making use of the site. APS does not control, or have any obligation to monitor, the messages, information or files delivered to Common Areas. It is a condition of your usage of the APS Site, including, without limitation, Common Areas, and your use of the Correspondence that you do not:
- Post or transmit material to this Site, including, without limitation, Common Areas, that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, vulgar, pornographic, profane or indecent, or that violates the intellectual property rights of others or on the privacy or publicity rights of others.
- Use a Common Area for any purpose in violation of local, state, national, or international laws.
- Engage in any conduct that restricts or inhibits any other person from using or enjoying the Common Area or the Site, or which, by the judgement of APS, exposes APS or any of its suppliers, customers, or marketing partners to any liability or detriment of any type.
- Use this Site or Common Areas to post, email, upload any advertisements, spam, pyramid schemes, chain letters, or other promotional materials.
- Use this Site or Common Areas to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
- Post or transmit any message anonymously, or under a false name, impersonate any person or entity, or otherwise misrepresent yourself, or your affiliation with a person or entity.
A user posting material to the APS Site, including without limitation the Common Areas, represents that such material is unique to the user or used with permission of the copyright holder, and assigns to APS ownership of such material.
APS reserves the right to edit or delete any communication(s) posted on the APS site, regardless of whether such communication(s) violate any of the APS Terms and Conditions or above standards.
By submitting communications or content, including without limitation about health care providers, to any part of the Site, you agree that such submission is non-confidential and non-proprietary for all purposes.
Experts
APS may make certain experts or other advisors ("Experts") and certain special events ("Events") available to members or other end-users for a fee or at no cost, in APS's sole discretion. Whether provided for free of for a fee, APS does not represent or warrant that advice rendered or other information provided by Experts is accurate, complete or correct, and APS is not responsible for any errors or omissions or for the results obtained from the use of such advice or information. Additionally, APS will not be liable, directly or indirectly, if a member, visitor or other end-user of the Site is unable to receive an Event, whether free or for a fee, for any reason outside of the control of APS. Members, visitors and end-users pay for and attend Events, and interact with Experts at their own risk and APS does not make any representations or warranties as to the quality of member, visitor or end-user experience in connection with any Experts or Events. Information on the APS Site, whether from Experts, provided at Events, provided to members, visitors, or end-users in any way through, or not through the Site itself, from third-party sites or from other members or end-users of APS, is not intended to replace medical advice offered by physicians, or direct and/or personal visits and consultations with physicians. In each case, you are responsible for confirming the truth, accuracy or completeness of any such information received in connection with the APS Site and APS does not represent that any such information is true, complete or correct.
Advertisements and Links to Other Sites
APS does not endorse the content on any third-party websites. APS is not responsible for the content of linked third-party sites, sites framed within the APS Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own discretion and risk and subject to the terms and conditions of use for such sites. APS does not endorse any product advertised on the APS Site.Disclaimer of Warranties
APS HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES. APS DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD-PARTY SITES. THE MATERIALS IN THE APS SITE AND THE THIRD-PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
APS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APS SITE, INCLUDING BULLETIN BOARDS, CHAT ROOMS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE APS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
APS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APS SITE OR THE CORRESPONDENCE OR ANY TRANSACTIONS ENTERED INTO, DIRECTLY OR INDIRECTLY, THROUGH THE APS SITE OR THE CORRESPONDENCE.
YOU UNDERSTAND THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APS SITE OR THE CORRESPONDENCE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APS OR THROUGH OR FROM THE APS SITE, OR CORRESPONDENCE SHALL CREATE ANY WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APS, OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, APS CONTENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT APS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY APS CONTENT, OR WITH ANY OF APS'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING APS.
Indemnification
You agree to indemnify and hold APS and its subsidiaries, affiliates, suppliers, officers, agents, co-branders, other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising put of content you submit, post to, upload or transmit through the APS Site, your use of the APS Site, bulletin boards, chat rooms and Correspondence, your connection to the APS Site and Correspondence, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.
Termination
This agreement is effective until terminated by APS, at any time with or without notice. In the event of termination, you are no longer authorized to access the APS Site, or the Correspondence, including, without limitation, bulletin boards and chat rooms, and the restrictions imposed on you with respect to material downloaded from the Correspondence and the APS Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.
Modification of Terms and Conditions
Upon notice published on the APS Site, or such other notice as may be given, APS may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions.
Modification of APS Site
APS and its affiliates, sponsors, Experts, partners, and employees may make improvements or changes in the information, services, products, and other materials on the APS Site without notice. APS may modify the APS Site with or without notice to you and without liability to you or any third party.Affiliate Marketing Program Disclaimer
Some APS / DDC Internet, Inc. web pages provide links to affiliate product vendors for the benefit of our users. These links are denoted with the text "APS Affiliate" under the provided link. By clicking on a Affiliate Vendor link or purchasing or using the product or service of the vendor, the user agrees to hold harmless APS and DDC Internet, Inc. for any harm or damages that occur as a result of the click, or purchase or use of the product or service of a APS affiliate. APS and DDC Internet, Inc. is not responsible for any personal information given by users to Affiliate Vendors. APS / DDC Internet, Inc. is not responsible for the Delivery or Quality of a product or service purchased through an Affiliate Vendor and APS / DDC Internet, Inc. does not warranty or guarantee any product or service purchased through an Affiliate Vendor. Please consult the Affiliate Vendor's respective Terms and Conditions before making any Affiliate Vendor purchase, using any Affiliate Vendor product or service, or providing any personal information. APS may modify the APS Site with or without notice to you and without liability to you or any third party.
Other
This agreement constitutes the entire agreement between APS and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. APS's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
