PlasticSurgeryTube.com
Terms of Use
1. Your Acceptance
Welcome to www.PlasticSurgeryTube.com, (collectively, including all content
and functionality available through the PlasticSurgeryTube.com domain name, the
“Website”). We are DDC Internet, Inc. (“PlasticSurgeryTube,” “we,” “us,” or
“our”). For more information contact
us.
A. By using and/or visiting this website, and clicking “I Accept” if that
option is presented, you signify your agreement to (1) these terms and
conditions (the "Terms of Use"), (2) PlasticSurgeryTube's privacy
notice, found at http://www.PlasticSurgeryTube.com/privacy and incorporated
into these Terms of Use by reference, and is also incorporated into these Terms of Use
by reference. If you do not agree to any of the terms and conditions of the
Terms of Use, including the PlasticSurgeryTube privacy, please do not use the
Website.
B. Although we may attempt to notify you when major changes are made to
these Terms of Use, you should periodically review the most up-to-date version
at http://www.PlasticSurgeryTube.com/terms.php. PlasticSurgeryTube may, in its
sole discretion, modify or revise these Terms of Use and policies at any time,
and
you agree to be bound by such modifications or revisions by your continued use
of the Website. Nothing in this Agreement will be deemed to confer any
third-party rights or benefits.
2. Website
A. These Terms of Use apply to all users of the Website, including users who
are also contributors of video content, information, and other materials or
services on the Website. The Website includes all aspects of PlasticSurgeryTube,
including but not limited to all products, software and services offered via
the website such as the PlasticSurgeryTube channels, the
PlasticSurgeryTube "Embeddable Player," the PlasticSurgeryTube
"Uploader" and other applications.
B. The Website may contain links to third party websites that are not owned
or controlled by PlasticSurgeryTube. PlasticSurgeryTube has no control over,
and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, PlasticSurgeryTube will not and
cannot censor or edit the content of any third-party site. By using the
Website, you expressly relieve PlasticSurgeryTube from any and all liability
arising from your use of any third-party website.
C. Supplemental terms may appear on the Website or otherwise apply to
particular activities or transactions. Additionally, your interactions with
third parties may be governed by separate Terms of Use and privacy policies of
those third parties. Accordingly, we encourage you to be aware when you leave
the Website and to read the terms and conditions and privacy policy of each
other website that you visit.
D. PlasticSurgeryTube reserves the right to change or discontinue, or
restrict or block access to, any aspect of the Website at any time. Although
we generally intend for the Website to be available 24/7, it will not be
available during maintenance, changes and outages and may not be available for
other reasons.
3. PlasticSurgeryTube Accounts
A. In order to access some features of the Website, you will have to create
a PlasticSurgeryTube account. You may never use another's account
without permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that occurs
on your account, and you must keep your account password confidential and
secure. You must notify PlasticSurgeryTube immediately of any breach of
security or unauthorized use of your account. You agree that if your password
is used on the Website, we may attribute all use to you and you will be legally
bound by it even if the person using your password had no actual authority.
B. Although PlasticSurgeryTube will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of
PlasticSurgeryTube or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
PlasticSurgeryTube hereby grants you permission to access and use the
Website as set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the Website,
including but not limited to User Submissions (defined below), without
PlasticSurgeryTube's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but
not limited to PlasticSurgeryTube's Embeddable Player or any of its related
technologies.
C. You agree not to access User Submissions or PlasticSurgeryTube Content
through any technology or means other than the video playback pages of the
Website itself, the PlasticSurgeryTube Embeddable Player, or other explicitly
authorized means PlasticSurgeryTube may designate.
D. You agree not to use the Website, including the PlasticSurgeryTube
Embeddable Player for any commercial use, without the prior written
authorization of PlasticSurgeryTube. Prohibited commercial uses include any of
the following actions taken without PlasticSurgeryTube's express approval:
·
sale of access to the Website or its related
services (such as the Embeddable Player) on another website;
·
use of the Website or its related services (such as
the Embeddable Player), for the primary purpose of gaining advertising or
subscription revenue;
·
the sale of advertising, on the Website or any
third-party website, targeted to the content of specific User Submissions or
PlasticSurgeryTube content;
·
and any use of the Website or its related services
(such as the Embeddable player) that PlasticSurgeryTube finds, in its sole
discretion, to use PlasticSurgeryTube's resources or User Submissions with the
effect of competing with or displacing the market for PlasticSurgeryTube,
PlasticSurgeryTube content, or its User Submissions. (For more information
about prohibited commercial uses, see our FAQ.)
E. Prohibited commercial uses do not include:
·
uploading an original video to PlasticSurgeryTube,
or maintaining an original channel on PlasticSurgeryTube, to promote your
business or artistic enterprise;
·
using the Embeddable Player to show
PlasticSurgeryTube videos on an ad-enabled blog or website, provided the
primary purpose of using the Embeddable Player is not to gain advertising
revenue or compete with PlasticSurgeryTube;
·
any use that PlasticSurgeryTube expressly
authorizes in writing.
(For more information about what constitutes a prohibited commercial use,
see
our FAQ.)
F. If you use the PlasticSurgeryTube Embeddable Player on your website, you
must include a prominent link back to the Website on the pages containing the
Embeddable Player and you may not modify, build upon, or block any portion of
the Embeddable Player in any way.
G. If you use the PlasticSurgeryTube Uploader, you agree that it may
automatically download and install updates from time to time from
PlasticSurgeryTube. These updates are designed to improve, enhance and further
develop the Uploader and may take the form of bug fixes, enhanced functions,
new software modules and completely new versions. You agree to receive such
updates (and permit PlasticSurgeryTube to deliver these to you) as part of your
use of the Uploader.
H. You agree not to use or launch any automated system, such as
"robots," "spiders," or "offline readers," that
access the Website in a manner that sends numerous request messages to the
PlasticSurgeryTube servers in a given period of time. Notwithstanding the
foregoing, PlasticSurgeryTube grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials.
PlasticSurgeryTube reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website (e.g. comments,
email) for any solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and
conditions of these Terms of Use, and all applicable local, national, and
international laws and regulations.
H. You agree that you will not violate any law, contract or
intellectual property right, or commit a tort. You also agree not to:
(1) attempt to access any service or area of the
Website that you are not authorized to access;
(2) alter information on or obtained from the
Website;
(3) reverse engineer any aspect of the Website or
do anything that might discover source code, or bypass or circumvent measures
employed to prevent or limit access to any area, content or code of the Website
(except as otherwise expressly permitted by law);
(4) send to or otherwise impact us or the Website
(or anything or anyone else) with harmful, illegal, deceptive or disruptive
code such as a virus, “spyware”, “adware” or other code that could adversely
impact the Site or any recipient;
(5) take any action which might impose a
significant burden (as determined by us) on Website infrastructure, or
otherwise interfere with the ordinary operation or mission of the Website; and
(6) “frame” all or any portion of the Website or
otherwise make it look like you have a relationship to us or that we have
endorsed you for any purpose.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions
and conditions apply specifically to your use of content on the Website.
A. Except for User Submissions, the content on the Website, including
without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to PlasticSurgeryTube, subject to copyright and other
intellectual property rights under the law. Content on the Website is provided
to you AS IS for your information and personal use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. PlasticSurgeryTube
reserves all rights not expressly granted in and to the Website and the
Content.
B. You may access User Submissions solely:
·
for your information and personal use;
·
as intended through the normal functionality of the
Website; and
·
for Streaming.
"Streaming" means a contemporaneous digital transmission of an
audiovisual work via the Internet from the Website to a user's device in such a
manner that the data is intended for real-time viewing and not intended to be
copied, stored, permanently downloaded, or redistributed by the user. Accessing
User Videos for any purpose or in any manner other than Streaming is expressly
prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal
use solely as intended through the normal functionality of the Website. User
Comments are made available "as is", and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
downloaded, or otherwise exploited in any manner not intended by the normal
functionality of the Website or otherwise as prohibited under this Agreement.
D. You may access PlasticSurgeryTube Content, User Submissions and other
content only as permitted under this Agreement. PlasticSurgeryTube reserves all
rights not expressly granted in and to the PlasticSurgeryTube Content and the
Website.
E. You agree not to use, copy or distribute any of the Content, other than
as expressly permitted by these Terms of Use. The use, copying or distribution
of the Content, including User Submissions, for commercial purposes is
prohibited.
F. You agree not to circumvent, disable or otherwise interfere with
security-related features of the Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the Website or
its Content.
G. You understand that when using the Website, you will be exposed to User
Submissions from a variety of sources, and that PlasticSurgeryTube is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions.
H. You further understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or objectionable, and you
waive waive any legal or equitable rights or remedies you have or may have
against PlasticSurgeryTube with respect to such User Submissions.
I. PlasticSurgeryTube 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 PlasticSurgeryTube’s sole discretion. Whether
provided for free of for a fee, PlasticSurgeryTube does not represent or
warrant that advice rendered or other information provided by Experts is
accurate, complete or correct, and PlasticSurgeryTube is not responsible for
any errors or omissions or for the results obtained from the use of such advice
or information. Additionally, PlasticSurgeryTube will not be liable, directly
or indirectly, if a member, visitor or other end-user of the Website is unable
to receive an Event, whether free or for a fee, for any reason outside of the
control of PlasticSurgeryTube. Members, visitors and end-users pay for and
attend Events, and interact with Experts at their own risk and
PlasticSurgeryTube 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 Website, whether from Experts, provided
at Events, provided to members, visitors, or end-users in any way through, or
not through the Website itself, from third-party sites or from other members or
end-users of PlasticSurgeryTube, 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 Website and PlasticSurgeryTube does not represent that any such information
is true, complete or correct.
J. The cost of medical services and advertisement for medical services is
highly regulated in some instances, both federally and at the state level.
PlasticSurgeryTube makes no representation that any of the offers made on the
Website comply with state, federal, or local laws regarding such offers.
K. The physicians represented on the Website have paid PlasticSurgeryTube a
fee for inclusion on the Website. Any physician who wishes to be included on
PlasticSurgeryTube is permitted to do so upon signing an agreement with
PlasticSurgeryTube (“Physician Agreement”). Users can search for physicians by
surgical specialty, name, or gender. PlasticSurgeryTube provides a service for
physicians specializing in plastic surgery and has no financial affiliation or
interest in any of the physicians beyond the terms of the Physician Agreement.
If a physician fails to comply with the terms of the Physician Agreement or
these Terms of Use, the physician may be excluded from continued participation
on the Website.
6. Your User Submissions and Conduct
A. As a PlasticSurgeryTube account holder you may submit video content
("User Videos") Photo content (“User Photos”), and textual content
("User Comments and User Blogs"). User Videos and Photos and User
Comments and Blogs are collectively referred to as "User
Submissions." You understand that whether or not such User Submissions are
published, PlasticSurgeryTube does not guarantee any confidentiality with
respect to any User Submissions.
B. You will be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or have the
necessary licenses, rights, consents, and permissions to use and authorize
PlasticSurgeryTube to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Use.
C. You retain all of your ownership rights in your User Submissions, subject
to the following license grant. By submitting User Submissions to
PlasticSurgeryTube, you hereby grant PlasticSurgeryTube a worldwide,
non-exclusive, royalty-free, perpetual (except with respect to User Videos, as
provided below), sub-licensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, broadcast and publicly
perform the User Submissions in connection with the Website and
PlasticSurgeryTube's (and its successors' and affiliates') business, including
without limitation for promoting and redistributing part or all of the Website
(and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Website a non-exclusive
license to access your User Submissions through the Website, and to use,
reproduce, distribute, display and publicly perform such User Submissions as
permitted through the functionality of the Website and under these Terms of
Use. The above licenses granted by you in User Submissions terminate within a
commercially reasonable time after you remove or delete your User Submissions
from the Website. You understand and agree, however, that PlasticSurgeryTube may
retain, but not display, distribute, or perform, server copies of User
Submissions that have been removed or deleted. The above licenses granted by
you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not
submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their rightful
owner to post the material and to grant PlasticSurgeryTube all of the license
rights granted herein.
E. You further agree that you will not, in connection with User Submissions,
submit material that is contrary to (1) the PlasticSurgeryTube Terms Of Use, which may
be updated from time to time, or (2) applicable local, national, and
international laws and regulations.
F. PlasticSurgeryTube does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and PlasticSurgeryTube expressly
disclaims any and all liability in connection with User Submissions.
G. PlasticSurgeryTube reserves the right to remove Content and User
Submissions without prior notice. You acknowledge that as PlasticSurgeryTube
does not monitor the User Submissions and in recognition thereof you will not
seek to hold PlasticSurgeryTube responsible or liable for any content you may
find offensive, objectionable, untruthful or libelous.
7. Account and User Access Termination Policy
A. PlasticSurgeryTube will terminate a User's access to its Website, and
cancel a User’s account, if PlasticSurgeryTube determines that a User has
breached these Terms of Use
B. PlasticSurgeryTube reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Use such as, but not
limited to, pornography, obscene or defamatory material, or excessive length.
PlasticSurgeryTube may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Use at any
time, without prior notice and at its sole discretion.
8. Notice and Counter-Notice for Infringement of the Rights of Others
A. Notice. PlasticSurgeryTube does not condone copyright infringement on
its Website, and will remove allegedly infringing Content if properly notified
of the infringement. PlasticSurgeryTube reserves the right also to terminate a
User's account, if the User is an infringer. If you are a copyright owner and
believe that any User Submission or other content infringes upon your
copyrighted work, you may submit a notification by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
further information):
·
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
·
Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site;
·
Identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably sufficient to
permit the service provider to locate the material;
·
Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
·
A statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
·
A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
PlasticSurgeryTube's designated contact to receive notifications of claimed
infringement is: Sue Tudisco, DDC Internet, Inc., 5839 Green Valley Circle,
Culver City, CA 90230; email: studisco@PlasticSurgeryTube.com; fax:
310-642-0852.
Any other feedback, comments, requests for technical support, and other
communications should be directed to PlasticSurgeryTube customer service at
support@plasticsurgerytube.com.
B. Counter-Notice. If you believe that your User Submission that was removed
(or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your User Submission, you
may send a counter-notice containing the following information to the our
contact at PlasticSurgeryTube.com:
·
Your physical or electronic signature;
·
Identification of the content that has been removed
or to which access has been disabled and the location at which the content
appeared before it was removed or disabled;
·
A statement that you have a good faith belief that
the content was removed or disabled as a result of mistake or a
misidentification of the content; and
·
Your name, address, telephone number, and e-mail
address, a statement that you consent to the jurisdiction of the federal court
in San Francisco, California, and a statement that you will accept service of
process from the person who provided notification of the alleged infringement.
If a counter-notice is received by PlasticSurgeryTube, PlasticSurgeryTube
may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless PlasticSurgeryTube receives notice
within 14 days that the copyright owner has filed an action seeking a court
order against the content provider, member or user, the removed content may be
replaced, or access to it restored, at PlasticSurgeryTube's sole discretion.
9. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, PLASTICSURGERYTUBE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PLASTICSURGERYTUBE MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 WEBSITE. PLASTICSURGERYTUBE
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
PLASTICSURGERYTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL
ADVICE. PLASTICSURGERYTUBE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY MESSAGE
OR INFORMATION ON THE WEBSITE AND YOU SHOULD ALWAYS CONSULT A PHYSICIAN BEFORE
RELYING ON ANY INFORMATION YOU FIND ON THE WEBSITE. NO DOCTOR PATIENT
RELATIONSHIP IS ESTABLISHED BETWEEN YOU AND PLASTICSURGERYTUBE SINCE
PLASTICSURGERYTUBE IS NOT A PHYSICIAN OR PROVIDER OF MEDICAL SERVICES OR
OTHERWISE A HEALTHCARE PROVIDER OR HEALTHCARE ENTITY. A DOCTOR PATIENT
RELATIONSHIP CAN ONLY BE ESTABLISHED BETWEEN YOU AND A PHYSICIAN YOU LEARN
ABOUT ON THE WEBSITE OUTSIDE OF THE WEBSITE.
10. Limitation of Liability
IN NO EVENT WILL PLASTICSURGERYTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLASTICSURGERYTUBE WILL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
The Website is controlled and offered by PlasticSurgeryTube from its
facilities in the United States of America. PlasticSurgeryTube makes no
representations that the Website is appropriate or available for use in other
locations. Those who access or use the Website from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless PlasticSurgeryTube, its
parent corporation, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i)
your use of and access to the Website; (ii) your violation of any term of these
Terms of Use; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Use and your use of the
Website.
12. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use. The Website is not intended for anyone
under 18. If you are under 18 years of age, then please do not use the Website.
13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by PlasticSurgeryTube
without restriction.
14. General
A. You agree that: (i) the Website will be deemed solely based in
California; and (ii) the Website will be deemed a passive website that does not
give rise to personal jurisdiction over PlasticSurgeryTube, either specific or
general, in jurisdictions other than California. These Terms of Use will be
governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. Any claim or dispute between you
and PlasticSurgeryTube that arises in whole or in part from the Website will be
decided exclusively by a court of competent jurisdiction located in or
otherwise serving San Mateo County, California.
B. These Terms of Use, together with the Privacy Notice at
http://plasticsurgerytube.com/privacy and any other legal notices published by
PlasticSurgeryTube on the Website, constitutes the entire agreement between you
and PlasticSurgeryTube concerning the Website. If any provision of these Terms
of Use is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision will not affect the validity of the remaining provisions of
these Terms of Use, which will remain in full force and effect. No waiver of
any term of this these Terms of Use will be deemed a further or continuing
waiver of such term or any other term, and PlasticSurgeryTube's failure to
assert any right or provision under these Terms of Use will not constitute a
waiver of such right or provision.
C. YOU AND PLASTICSURGERYTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Notices
A. Notice of
Availability of Filtering Software: Parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist in limiting access to material that is harmful to minors. A
report detailing some of those protections can be found at
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s
Internet Protection Act: Report on the Effectiveness of Internet Protection
Measures and Safety Policies).
Notice: No Harvesting or
Dictionary Attacks Allowed:
WE WILL NOT GIVE, SELL,
OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE
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15. Notices
