Terms of Service
CosmeticLive.com ACCEPTABLE USE POLICY
By using this website you agree that you have read and understood the information presented below completely, and will abide by the terms and conditions.
Last Revised/Updated on March 18, 2008
CosmeticLive.com and its subsidiaries, divisions and related web sites (hereinafter collectively referred to as "Company" Acceptable Use Policy ("AUP") describe the proper kinds of conduct and prohibited uses of Company's services (the "Services"), as described and subscribed to pursuant to the Terms and Conditions Agreement ("Agreement") of which this policy is incorporated. The term "Service" (or "Services") refers to the listings, articles, interviews, and all associated content on this website. The term "You" (or "you" or "Your") refers to you as a person visiting this website.
The AUP is not exhaustive and Company reserves the right to modify the AUP at any time, effective upon posting of the modified AUP to Company website. By using the Services, both registered and unregistered website users are thereby accepting the terms and conditions of the Agreement. You agree to abide by the AUP as modified from time to time. AUP may be modified without notice. Any violation of the AUP may result in the suspension or termination of your account and such other action as Company deems appropriate.
VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM COMPANY. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEBPAGES, WEB LISTING PAGES, IMAGES, GRAPHICS, AND DOMAIN NAMES.
1. YOUR GENERAL RESPONSIBILITIES.
The Services enable you to display and/or advertise a Website through which you can interact with users of the Internet and retrieve and send vast amounts of information. It also allows for the deploying of email to promote the sale of your product or services. Generally, Company will not actively monitor, censor, or directly control any content that is or will be displayed on your Website(s) or information that you collect or use through your Website(s). Company, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of Company as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Company expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.
2. PROHIBITED CONDUCT.
You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or the AUP is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. Company reserves the right to restrict or prohibit any and all uses of the Services and to remove such materials and your site from its site, that Company determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Company customers, or any third party.
Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
False advertising. You agree not to post or transmit on or though any Services any advertising or promotional materials that contain false, deceptive or misleading statements, claims, or representations.
Copyright/Trademark Infringement. You agree not to post or transmit on or through the Services any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials. You agree not to transmit, disseminate, sell, store or host material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Harmful Content. You agree not to disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent Conduct. Your agree not to offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.
False Pretenses. You agree not to use the services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
Failure to Abide by Third-Party Website Policies. You agree not to violate the rules, regulations, or policies that apply to any third-party network, server computer database, or website that you access by or through the services.
Child Pornography. You agree not to violate the Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children.
Distribution of Viruses. You agree not to intentionally distribute any software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
Facilitating a Violation of this AUP. You agree not to advertise, transmit, or otherwise make available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, spam, pinging, flooding, mailbombing, denial of service attacks or piracy of software.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY.
Violations of Company's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Company may investigate incidents involving such violations. Company may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:
Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
Falsification of Origin or Routing Information. Forging of any TCP-IP packet header, e-mail header or any part of a message header. Using, selling, or distributing in conjunction with services any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating email address or other identifier.
Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
4. E-MAIL.
You may not distribute, publish, or send any of the following types of e-mail:
Unsolicited promotions, advertising or solicitations (commonly referred to as "spam") that is not compliant with the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those email addresses who have requested that their email addresses be opted out.
Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. Harassing e-mail, whether through language, frequency, or size of messages.
Chain letters. Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
Third Party Links. Links to third party web sites should not be inserted in emails without the direct or indirect permission of the third party, and your email should conspicuously notify the recipient that the link is to a third party over which you have no control or operation.
In addition, you may not use Company's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups, message boards, blogs, online discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.
5. FORUM, MESSAGE BOARD, & FEEDBACK POSTS.
Inappropriate use or misuse of message boards or feedback posts on the Company network is not acceptable. Examples include: Posting messages that contain threatening, abusive, illegal or libelous material.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU.
6. LINKS TO THIRD-PARTY SITES.
The Website contains links to other websites that are maintained by third parties over which Company has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Company makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Company does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Company is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
7. MODIFICATION OF THE POLICY AND AGREEMENT.
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting. You agree to the Policy and Agreement by accessing or using our Website, products or services.
8. PRIVACY POLICY.
Company respects the privacy of visitors to our site. Although Company may disclose aggregated information about the use of our websites, that information does not contain personal information. Company may share personal information with contractors and service providers in order to maintain, enhance, or add to the functionality of the website. If Company becomes part of another organization, that organization will possess the personal information collected by Company and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
Company cannot ensure that your personal information will not be disclosed to third parties. For example, Company may be legally obligated to disclose information to the government or third parties under certain circumstances, or third parties may circumvent Company's security measures to unlawfully intercept or access transmissions or private communications. Security: This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Log file access is restricted to system administrators while stored on the server.
9. MISCELLANEOUS.
Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Any questions regarding this AUP should be directed to Company via the contact us page.
10. USER REGISTRATION: FREE REGISTRATION
In addition to what was stated above:
- You agree to register your business under the official business name. Examples: "Dr. Smith" and "Jennifer's Spa."
Examples that will get your free registration deleted: "Dr. Smith Miami Plastic Surgery and Facelift Specialist" or "Laser Hair Removal Atlanta."
- Any attempt to include additional promotional information in your profile will result in the deletion of your listing and it will be banned. For example, placing a URL ("web address") such as www.MyPlasticSurgeryClinicName.com where your facility's "real world" address should be in the free listing.
- Any attempt to use promotional words as your business name other than your official business name will result in deletion of your listing.
- To get increased attention and gain more flexibility with this website, upgrade to a paid listing rather than gaming the system.
- The only way to get back into the listings after being banned is to upgrade to a paid listing for 1 year.
11. USER REGISTRATION: PAID REGISTRATION
- Any attempts to pay for listings, advertising, banners, or anything else on this website through the use of inappropriate means may be seen as a criminal offense.
- Paid listings can have promotional language throughout the listing.
12. REVIEW FEATURE
- You may use the Service only to post reviews based on your personal experiences.
- You agree that all experiences posted are true. Falsification of review content is prohibited.
- Use of the Service beyond personal, non-commercial purposes is prohibited.
- You may not advertise or promote products, specialists, or services (e.g., "Dr. Smith sucked, but Dr. Jones is much better).
13. BREACH OF AUP
This is an agreement between Company and You. You agree that breach of this Agreement and use of the Service for advertising, promotion, or other commercial or non-personal uses by You will have caused substantial harm to Company. You agree that the amount of such harm would be very difficult to determine and as a reasonable estimate of such harm, You agree to pay Company $250 for each viloation of the AUP. Violations include but are not limited to false reviews, defamation, misleading content posted on or submitted through the Service, and all other examples and instances of prohibited conducted as indicated in the AUP.
14. LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU IN CONNECTION WITH THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT ON THE SERVICE) AND THIS CONTRACT WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR THE SERVICE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
