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copyright notice
disclaimers
privacy policy
terms of service
beautysurge.com Copyright Notice
beautysurge.com is Copyright © 2003-2004. All
rights reserved. Unless otherwise noted, all materials,
content, programming, and databases of information are
copyrighted material. Except for the display in a Web
browser, you are not authorized to copy or reproduce
any portion of beautysurge.com without prior written
authorization.
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beautysurge.com Disclaimers
The information provided by beautysurge.com is for informational
purposes only. beautysurge.com does NOT offer medical
advice. DO NOT ACT OR RELY upon any of the resources
and information available in or from beautysurge.com
without seeking professional medical advice.
The resources that can be accessed outside the beautysurge.com
domain are NOT maintained by beautysurge.com. beautysurge.com
is not responsible for the contents of any such resources.
beautysurge.com does NOT (a) make any warranty, express
or implied, with respect to the use of the links provided;
or (b) guarantee the accuracy, completeness, usefulness
or adequacy of any resources, information, apparatus,
product, or process available at or from beautysurge.com.
beautysurge.com does not guarantee the expertise of
the individual surgeons and specialists represented.
beautysurge.com is not responsible for any errors or
omissions in the resources or information available
at or from beautysurge.com.
Reference at beautysurge.com to any specific commercial
product, process, or service by trade name, trademark,
manufacturer, or otherwise, does not necessarily constitute
or imply its endorsement or recommendation by beautysurge.com.
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beautysurge.com Privacy Policy
We respect the privacy and security of our users. Our
goal is to provide you with a personalized Internet
experience that delivers the information, resources,
and services that are most relevant and helpful to you.
In order to achieve this goal, we may collect information
during your visits to understand what differentiates
you from each of our thousands of other users.
What Information is Collected and How and When Information
is Used:
beautysurge.com collects certain information from and
about its users in four ways -- directly from the user,
from our Web server logs, with cookies, and through
the mailing list.
User-Supplied Information: When you use a resource,
such as the beautysurge.com Message Board, we may ask
you for your name, e-mail address, and some other personal
information. Except in circumstances where the information
is essential for a particular resource, you always have
a choice whether or not to disclose information to us.
In other words, some information may be required, such
as your e-mail address to post a message, but other
requested information is optional and may be given at
your discretion. This information is used for purposes
such as personalization and verification only.
Server Log Information: When you visit an Internet
Web site, you disclose certain information about yourself,
such as your Internet Protocol (IP) address, the time
of your visit, and the referring location (e.g., the
Site or page that offered a link to a beautysurge.com
page). beautysurge.com, like many other sites, records
this basic information about visits to its site. This
information helps us identify which areas of our site
are of interest to our visitors. We also collect the
Internet Protocol (IP) addresses of our visitors for
the purposes of system administration and to report
aggregate information to our sponsors, if any.
Cookies: In order to offer and provide a customized,
personal resource, beautysurge.com may use cookies to
store and help track your information. For example,
we may use cookies to help remind us who you are and
to deliver content and resources based on previously
provided information. Cookies are simply pieces of information
that are sent to your browser from a Web server and
stored on your computer's hard drive. Most browsers
are initially set up to accept cookies. If you prefer,
you can reset your browser either to notify you when
you receive a cookie, or to refuse to accept cookies.
You should understand that certain areas of many sites
may not function properly if you set your browser to
not accept cookies or if you reject a cookie. We use
"cookies" to let you use our resources more
easily and to let us keep track of certain statistical
information that helps us improve our site. Cookies
allow us to save passwords and preferences for you (where
applicable) so that you won't have to re-enter them
the next time you visit.
Mailing List: If you register for our mailing
list, we may periodically email you with messages about
our service or third-party products that may be of interest
to you. You may choose to opt out of such mailings or
discontinue your mailing list subscription by following
specific instructions for the Safe Unsubscribe found
at the bottom of every email or by writing to us at
unsubscribe@beautysurge.com.
beautysurge.com Message Board
To the extent that beautysurge.com archives the beautysurge.com
Message Board discussion posts, you should remember
that whenever you voluntarily disclose personal information
online, such as through e-mail or discussion groups,
your information can be collected and used by others.
beautysurge.com cannot ensure or warrant the security
of any information you transmit to us and you do so
at your own risk. You are also solely responsible for
maintaining the secrecy of any passwords you set up
and/or any account information.
How We Protect Your Information
The privacy and protection of your personal information
is vitally important to us. beautysurge.com does not
rent or sell your personal information. Knowing that
you use certain resources or features may help us to
offer you better and more relevant content and resources.
But as with all personally identifiable information,
we do not make such information available to any third
parties without your permission. Any user statistics
that we may provide to sponsors regarding usage of beautysurge.com
are provided in the aggregate only and do not include
any personally identifiable information about any individual
user.
Unfortunately, no data transmission over the Internet
can be guaranteed to be 100% secure. Accordingly, despite
our efforts to protect your personal information, we
cannot ensure or warrant the security of any information
you transmit to us. You transmit all such information
at your own risk. However, once we receive your transmission,
we employ reasonable efforts to ensure its security
on our systems.
Who Has Access to the Information
Except as described below, beautysurge.com will not
willfully disclose any individually identifiable information
about its users to any third party without first receiving
that user's permission. beautysurge.com may disclose
personal information when we believe in good faith that
the law requires it or to protect our rights or property.
When you are at the beautysurge.com site and asked for
personal information, you share that information with
us alone.
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beautysurge.com Terms of Service
(TOS)
1. Acceptance of Terms: beautysurge.com provides
this resource to you, subject to the following Terms
of Service ("TOS"), which may be updated by
us from time to time without notice to you. By using
beautysurge.com , you are agreeing to be bound by, and
to comply with, the TOS.
2. Description of Service: beautysurge.com currently
provides users with access to a rich collection of on-line
resources relating to beauty and vision enhancement
surgery, including, articles, photographs, user submitted
stories, links to Internet resources, and the beautysurge.com
Message Board (collectively the "Service").
beautysurge.com makes available this information to assist
consumers in making beauty or vision enhancing surgery.
3. Access: In order to use the Service, you must
obtain access to the World Wide Web, either directly
or through devices that access web-based content, and
pay any service fees associated with such access. In
addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including
a computer and modem or other access device.
4. Privacy Policy: Your privacy is important
to us. Please read our full privacy policy above.
5. User Conduct: You agree to NOT use the Service
to:
• submit, post, email or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive,
harassing,, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including,
but not limited to, a representative of beautysurge.com,
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
• forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
to or through the Service;
• upload, post, email or otherwise transmit any
Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
• upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam,"
"chain letters," "pyramid schemes,"
or any other form of solicitation;
• upload, post, email or otherwise transmit 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 hardware or telecommunications equipment;
• interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
• intentionally or unintentionally violate any
applicable local, state, national or international law;
• "stalk" or otherwise harass another
individual; or
• collect or store personal data about other users.
6. Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission
of technical data exported from the United States or
the country in which you reside.
7. Public Content Posted to beautysurge.com:(a)
For purposes of the TOS, "publicly accessible areas
of the Service" are those accessible by the general
public. By way of example, a publicly accessible area
of the Service would include the beautysurge.com Message
Board or other areas of the Service where user link
additions appear. (b) With respect to Content you elect
to post for inclusion in publicly accessible areas of
beautysurge.com, you grant beautysurge.com the perpetual,
irrevocable, non-exclusive and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media,
or technology now known or later developed. beautysurge.com
and its designees shall have the right to remove any
Content from the Message Board that violates the TOS
or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any
Content created by or submitted to beautysurge.com, including
without limitation information in the beautysurge.com
Message Board and in all other parts of the Service.
You acknowledge and agree that beautysurge.com may preserve
Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety
of beautysurge.com, its users and the public.
8. Indemnity: You agree to indemnify and hold
beautysurge.com , and its agents or other partners, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of Content you submit, post to or transmit through the
Service, your use of the Service, your violation of
the TOS, or your violation of any rights of another.
9. No Resale of Service: You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service or use of the Service.
10. General Practices Regarding Use and Storage:
You acknowledge that beautysurge.com may establish general
practices and limits concerning use of the Service,
including without limitation the maximum number of days
that discussion board postings or other suggested Content
will be retained by the Service, and the maximum number
of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree
that beautysurge.com has no responsibility or liability
for the deletion or failure to store any messages and
other communications or other Content maintained or
transmitted by the Service. You acknowledge that beautysurge.com
reserves the right to change these general practices
and limits at any time, in its sole discretion, with
or without notice.
11. Modifications to Service: beautysurge.com
reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that beautysurge.com shall not be liable to
you or to any third party for any modification, suspension
or discontinuance of the Service.
12. Termination: You may discontinue your participation
in and access to the Service at any time. The TOS will
continue to apply to all past use of the Service by
you, even if you are no longer using it. You agree that
beautysurge.com , in its sole discretion, may terminate
your use of the Service and remove and discard any Content
within the Service, for any reason, if beautysurge.com
believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. beautysurge.com
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or
without notice. You agree that any termination of your
access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge
and agree that beautysurge.com may bar any further access
to the Service. Further, you agree that beautysurge.com
shall not be liable to you or any third-party for any
termination of your access to the Service.
13. Dealings with Advertisers: Your correspondence
or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you
and such advertiser. You agree that beautysurge.com shall
not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers
on the Service.
14. Links: The Service may provide, or third
parties may provide, links to other World Wide Web sites
or resources. Because beautysurge.com has no control
over such sites and resources, you acknowledge and agree
that beautysurge.com is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such
sites or resources. You further acknowledge and agree
that beautysurge.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services
available on or through any such site or resource. You
further acknowledge that beautysurge.com shall not be
held responsible for the accuracy, copyright or trademark
compliance, legality, or decency of material contained
in sites listed in beautysurge.com listings or search
results, or that otherwise provided to the beautysurge.com
by third parties.
15. beautysurge.com's Proprietary Rights: You
acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that
is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly
authorized by beautysurge.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the
Software, in whole or in part. beautysurge.com grants
you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software to
use the Service through a Web browser on a single computer;
provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of
the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other
than through the interface that is provided by beautysurge.com
for use in accessing the Service. YOU AGREE NOT TO USE
ANY SOFTWARE PRODUCT OR PROGRAM TO DOWNLOAD ANY PORTION
OF THE SERVICE FOR OFF-LINE DISPLAY. YOU FURTHER AGREE
NOT TO CREATE ANY DIRECT OR INDIRECT LINK TO OR OTHERWISE
ACCESS THE SEARCH ENGINE FOR beautysurge.com.
16. Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. beautysurge.com EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. beautysurge.com MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM beautysurge.com OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
17. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT beautysurge.com
SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN
AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY,
ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE
SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III)
ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN
IF beautysurge.com OR ANY RELATED PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES,. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
18. General Information: The TOS constitute the
entire agreement between you and beautysurge.com and
govern your use of the Service. The TOS and the relationship
between you and beautysurge.com shall be governed by
the laws of the State of California without regard to
its conflict of law provisions. You and beautysurge.com
agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Los Angeles,
California. The failure of beautysurge.com to exercise
or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force
and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action
you allege arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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