PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
GlobalSkincare.net (GlobalSkinCare) provides
complimentary Internet-based communications and information services to the
consumer. By using this site, you signify your agreement to these Terms and
Conditions of use. You must agree to these Terms and Conditions in order to
use the GlobalSkinCare website. Please read this document carefully. If you do not agree to all of
the Terms and Conditions of this agreement, do not use this site!
GlobalSkinCare may revise and update these Terms and Conditions at anytime. Please
periodically review the Terms and Conditions posted at the GlobalSkinCare Website because your continued usage of the GlobalSkinCare website will
mean you accept those changes.
Section 1.
General
Disclaimer; No Medical Advice. THE CONTENT ON THE GlobalSkinCare SITE IS
PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR
INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR
PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE
REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE
OFFERED BY OR THROUGH GlobalSkinCare OR THE GlobalSkinCare SITE IS
INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON
THE GlobalSkinCare SITE! GlobalSkinCare does not recommend or endorse any specific test, products, or procedures that
may be mentioned on the Site. Any opinions expressed on the Site are the
opinions of the authors. GlobalSkinCare does not assume any liability
for the contents of any material provided on the Site. Reliance on any
information provided by GlobalSkinCare, its Health Experts, or other visitor s to the Site is solely at your own risk. GlobalSkinCare assumes no liability or responsibility for damage or injury to persons or
property arising from any use of any product, information, idea, or
instruction contained in the materials provided to you. GlobalSkinCare reserves the
right to change or discontinue at any time any aspect or feature of this
Site. You understand further that the Internet contains unedited materials som e of which are sexually explicit and may be offensive
to you. You access this material at your own risk. GlobalSkinCare, its
licensors and its suppliers have no control over and accept no responsibility
whatsoever for such materials.
Section 2.
GlobalSkinCare's Position on Your Privacy. Click the back button on your browser to return to
the previous page
a. General. GlobalSkinCare recognizes the premium you place on privacy protection on the Internet. Our
employees share the same concerns! Working together, we strive to protect
your privacy, including the non-identifying
information you share in the personal profile that you must complete in order
to become a participating member (Member) within the Interactive Areas of
this Site. GlobalSkinCare subscribes to the Health on the Net Foundation Code of Conduct for medical
and health web sites. To learn more click here:
(http://www.hon.ch/Conduct.html). GlobalSkinCare does not
collect personally identifiable information about Members or other GlobalSkinCare users (Users) except when such individuals specifically provide such
information on a voluntary basis. A Member's or User's access to and use of
the GlobalSkinCare Site or services constitutes information voluntarily given by the Member or
User.
b. Use of Registration Information. Personally identifiable information of
individual Members and Users will not be sold or otherwise transferred to
unaffiliated third parties without the Member's or User's prior consent. GlobalSkinCare stores the Internet Protocol (IP) address of your computer when you visit our
site. This information is only used to create broad demographic summaries of
where our Members and Users come from: for example, we know what percentage
of Members or Users come from Europe or
Africa,
but our use of th e IP addresses does not include
identifying who those users actually are. However, GlobalSkinCare may use
registration information and other voluntarily submitted information in the
following ways: * To provide our editors with information that is useful in
developing new features and services for GlobalSkinCare Members and
Users; * To provide advertisers with aggregate - never individual - information
about our Member base and User usage patterns; and * To allow us to
potentially vary advertising based on Member and User preference. GlobalSkinCare reserves the right to perform statistical analyses and profiling of Member
and User behavior and characteristics in order to measure interest in and use
of the various areas of the site and to inform advertisers of such
information. GlobalSkinCare will provide only aggregate dat a
from these analyses to third parties; no personally identifiable
information will be disclosed. GlobalSkinCare may sometimes permit third parties
to offer subscription and/or registration-based services through GlobalSkinCare.
In this event, GlobalSkinCare is not responsible for any actions or policies of such third parties and
Members and Users should check the applicable privacy policy of such party
before providing personally identifiable information. It is not possible for
a Member or User to delete his or her profile fro m our database, nor is it
feasible to delete all traces of a Member's or User' s activity in the system. Messages posted to the boards are examples of user
activities that are not feasible to delete. However, we do offer you the
opportunity to request deletion of your email address-the only individually
identifiable piece of information about your account - from GlobalSkinCare's database. GlobalSkinCare sends regular email
updates to Members. If you wish to have your email address deleted from our
database, email us at info@USMDDirect.com and include the EXACT words
"CANCEL MAIL" in the body of your email. Please allo w two to three business days for the actual cancellation to take effect. We
will not share your email address with third parties without first receiving
your permission.
c. Voluntary Disclosure of Personally Identifiable
Information on Bulletin Boards, Chat Rooms, and other Interactive Areas
(collectively referred to as Interactive Areas). Subscribers and Users should beaware that when they voluntarily disclose
personally identifiable information (for example, user name, e-mail address)
on the bulletin boards or chat areas of GlobalSkinCare, that
information, along with any substantive information disclosed in the
Subscriber's or User's communication, can be collected and correlated and
used by third parties and may result in unsolicited messages from third
parties. Such activities are beyond the control of GlobalSkinCare. GlobalSkinCare makes no warranties about the
discoverability of members' identit y by methods
beyond our control. d. Cookie Technology. GlobalSkinCare may employ cookie technology to
allow Subscribers and Users to move more quickly through our site. Cookies
are small text files a website can use to recognize repeat users and
facilitate the user's ongoing access to and use of the site. Generally,
cookies work by assigning a unique number to the user that has no meaning
outside the assigning site. They do not come onto a user's system nor do they
pose a threat to a user's files. Subscribers and Users should be aware that GlobalSkinCare cannot control the use of cookies by advertisers or third parties hosting
data for GlobalSkinCare.
However, if a Subscriber or User does not want information collected through
the use of cookies, there is a simple procedur e in
most browsers that allows the user to deny or accept the cookie feature.
Please note that cookies may be necessary to provide the Subscriber or User
with certain features (for example, customized delivery of information)
available on GlobalSkinCare.
e. Encryption Technology. GlobalSkinCare uses Secure Socket Layer (SSL ) encryption technology to ensure the integrity and
privacy of the information you pass to us via the Internet; however, to take
advantage of this, you mus t use utilize a browser
that maintains 128bit encryption support.
Section 3.
Use of
Content; Copyright. Upon acceptance of these Terms and Conditions, GlobalSkinCare authorizes yo u to view or download a single copy
of the material on this website solely for your personal, noncommercial use.
Special rules may apply to the use of certain software and other items
provided on the GlobalSkinCare Site. Any such special rules are
listed as Legal Notices on the GlobalSkinCare Site and a re incorporated into
these Terms and Conditions by reference. The contents of the GlobalSkinCare Site, such as text, graphics, images and other material including software
licensed by GlobalSkinCare to permit Users to access the GlobalSkinCare Site (Content), are protected by copyright under both
United States
and foreign laws,
and title to the Content shall not pass to you or any other User.
Unauthorized use of the Content may violate copyright , trademark, and other laws. None of the Content may be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in a retrieval
system, translated into any language or computer language, re-transmitted in
any form or by any means (electronic, mechanical, photoreproduction,
recordation or otherwise), resold or redistributed without the prior written
consent of GlobalSkinCare,
except that you may reproduce limited excerpts of the data for personal use
only, provided that each such copy contains a copyright notice as follows:
Copyright 1998 - 1999, USMDDirect.com, Los Angeles, California. All
rights reserved. For information obtained from GlobalSkinCare's licensors,
you are solely responsible for compliance with any copyright, trademark and
other proprietary rights and restrictions and are referred to the publication
data appearing in bibliographic citations, as well as to the copyright
notices appearing in the original publications. You may not sell or modify
the Content or reproduce, display, publicly perform, distribute or otherwise
use the Content in any way for any public or commercial purpose. The use of
the Content on any other website or in a networked computer environment for
any purpose is prohibited. Content is subject to change without notice at the
editorial discretion of GlobalSkinCare. If you
violate any of these Terms and Conditions, your permissio n to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
Section 4.
Company's
Liability; Disclaimer of Consequential Damages. The Content comes from
sources believed to be accurate, but may contain inaccuracies or
typographical errors. GlobalSkinCare makes no representations about
the results to be obtained from using the GlobalSkinCare Site or the
Content. The use of the GlobalSkinCare Site and the Content is at your
own risk. YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE GlobalSkinCare Site, INFORMATION WILL BE
TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER
LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND
SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES,
INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL
AND JURISDICTION OF GlobalSkinCare AND ITS SUPPLIERS. ACCORDINGLY, GlobalSkinCare ASSUMES NO
LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION
OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE GlobalSkinCare Site. THE GlobalSkinCare SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. GlobalSkinCare, ITS LICENSORS, AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS 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. GlobalSkinCare, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE
CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR
THROUGH THE USE OF THE GlobalSkinCare SITE OR GlobalSkinCare. GlobalSkinCare,
ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT
CONTAINED ON THE GlobalSkinCare SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON
PRESCRIPTION DRUG PRODUCTS. IN NO EVENT SHALL GlobalSkinCare, ITS
LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE GlobalSkinCare SITE BE LIABLE FOR ANY DAMAGES WHATSOEVE R
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE GlobalSkinCare SITE OR THE
CONTEN T WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT GlobalSkinCare IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. GlobalSkinCare SHALL BE
LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE
EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US $1000.00 (ONE
THOUSAND DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE
LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Section 5.
User
Submissions. Except as described herein, any communication which you post on
the GlobalSkinCare Site is considered to be non-confidential. You agree that you wil l not upload or transmit any communications that
infringe any patent, trademark, trade secret, copyright or other proprietary
rights of any party. By submitting communications to any part of this Site,
you automatically grant -- or warrant that the owner of such Content has
expressly granted -- GlobalSkinCare 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
alone or as part of other works in any form, media, or technology whether now
known o r hereafter developed, and to sublicense such rights through multiple
tiers of sublicenses.
Section 6.
Use of
Interactive Areas. GlobalSkinCare may provide Interactive Areas on the GlobalSkinCare Site. If you
use an Interactive Area, you are solely responsible for your own
communications and the consequences of posting those communications. GlobalSkinCare does not assume any responsibility for the consequences of any Interactive
Area communications on or arising from use of the GlobalSkinCare Site. In
cases where you feel threatened or believe someone else is in danger, you
should contact your local law enforcement agency immediately. In
consideration of being allowed to use the Interactive Areas, you agre e that the following actions shall constitute a
material breach of these Terms and Conditions: 1. Use of an Interactive Area
for any purpose in violation of local, state, national, or international
laws; 2. Post material that infringes on the intellectual property rights of
others or on the privacy or publicity rights of others; 3. Post material that
is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another Member or any other person or entity as determined
by GlobalSkinCare at its sole discretion pursuant to this Section 6; 4. Post advertisements or
solicitations of business; 5. After receiving a warning, continue to disrupt
the normal flow of dialogue, or post comments that are not related to the
topic being discussed (unless it is clear the discussion is free form); 6.
Post chain letters or pyramid schemes; 7. Impersonate another person; 8.
Allow any other person or entity to use your identification to post or view
comments 9. Post the same note more than once (The online word for posting many time s on one topic is "spamming." Spamming
is strictly prohibited); or 10. Engage in any other conduct that restricts or
inhibits any other person from using or enjoying the Interactive Areas, or
which, in the judgment of GlobalSkinCare, exposes GlobalSkinCare or any of its
customers or suppliers to any liability or detriment of any type. GlobalSkinCare reserves the right to record the dialogue in public chat rooms. GlobalSkinCare does not screen communications in advance and is not responsible for
screening or monitoring material posted by Members or any other person or
entity. If notified by a Member of communication(s) which ar e alleged not to conform to the terms of this Section, GlobalSkinCare may
investigate the allegation and determine in its sole discretion to remove or
request the removal of the communication(s). GlobalSkinCare reserves the right t o remove
communications which are abusive, illegal, disruptive, or that otherwise fail
to conform with these Terms and Conditions In addition to the removal rights
described above, GlobalSkinCare reserves the right to terminate a Member's access to any or all Interactive
Area upon Member's breach of these Terms and Conditions. GlobalSkinCare reserves the
right (but is not obligated) t o edit or delete any communication(s) posted
on the GlobalSkinCare Site, regardles s of whether such communication(s) violate these standards for content.
Furthermore, GlobalSkinCare reserves the right (but is not obligated) to monitor, edit, or disclose any
type of posting on the Interactive Areas for adherence to the Terms and
Conditions, if required in the course of normal operation and maintenance of GlobalSkinCare,
or if required to do so by law or i n the
good-faith belief that such action is necessary to: (i)
comply with the law or comply with legal process served; (ii) protect and
defend the rights of GlobalSkinCare or others; or (iii) act in an
emergency to protect the persona l safety of our guests or the public. GlobalSkinCare HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR
ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING
ACTIVITIES. GlobalSkinCare does not represent or guarantee the truthfulness, accuracy, o r reliability of any of the material posted by Interactive Area users or
endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED
IN AN INTERACTIVE AREA IS AT YOUR OWN RISK. Through your use of a the GlobalSkinCare Site's Interactive Areas, you are agreeing to all of the aforementioned Terms
and Conditions for the use of such Interactive Areas contained herein.
Section 7.
Links to
Other Sites. The GlobalSkinCare Site contains links to third party websites. These links are provided solely
as a convenience to you and not as an endorsement by GlobalSkinCare of the
content on such third-party websites. GlobalSkinCare is not
responsible for the content of linked third-party sites and does not make an y representations regarding the content or accuracy of
materials on such third-party websites. If you decide to access linked
third-party websites, you do so at your own risk. Your use of third- party
websites is subject to the Terms and Conditions of use for such sites.
Section 8.
Advertisements.
The GlobalSkinCare Site contains advertisements by third parties, and these advertisements may
contain links to other websites. Unless otherwise specifically stated, GlobalSkinCare does not endorse any product or make any representation regarding the content
or accuracy of any materials contained in, or linked to, any advertisement on
the GlobalSkinCare Site.
Section 9.
Indemnity.
You agree to defend, indemnify and hold GlobalSkinCare, its
officers, directors, employees, agents, licensors and suppliers, harmless
from and against any claims, actions or demands, liabilities and settlements includin g without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your use of the
Content (including Software), or the Interactive Areas in a manner that
violates or is alleged to violate these Terms and Conditions. GlobalSkinCare shall provide notice to you promptly of any such claim, suit, or proceeding and
shall reasonably cooperate with you, at your expense, in your defense of any
such claim, suit or proceeding.
Section 10.
Export
Control. The
United States
controls the export of products and information. You agree to comply with
such restrictions and not to export or re-export the Contents (including
Software) to countries or persons prohibited under the export control laws.
By downloading the Contents (including Software), you are agreeing that you
are not in a country where such export is prohibited o r are a person or
entity to which such export is prohibited. You are responsible for compliance
with the laws of your local jurisdiction regarding the import, export, or
re-export of the Contents (including Software).
Section 11.
General. GlobalSkinCare is based in
Los Angeles,
California , in the
United States of America
. GlobalSkinCare makes no claims the Content is appropriate or may be downloaded outside of
the
United States
.
Access to the Content (including Software) may not be legal by certain persons
or in certain countries. If yo u access the GlobalSkinCare Site from outside the
United
States
, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
Section 12.
Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with GlobalSkinCare,
or in any way relating to your membership or use of GlobalSkinCare, resides in
the courts of the State of California and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the State
of California in connection with any such dispute including any claim
involving GlobalSkinCare 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 the State of
California, 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.
Section 13.
Complete
Agreement. EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL
NOTICE" ON THE GlobalSkinCare SITE, THESE Terms and Conditions CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU
AND GlobalSkinCare WITH RESPECT TO THE USE OF THE GlobalSkinCare SITE AN D ANY SOFTWARE AND CONTENT CONTAINED THEREIN. Thank you
for your cooperation with these Terms and Conditions. We hope you find the GlobalSkinCare Site helpful and convenient to use! Questions or comments regarding this Site
should be directed by electronic mail to info@USMDDirect.com. |