This website or service is owned and operated by YouDocs Beauty, Inc. (hereafter "BeautySage", "we", "our", or "us"). BeautySage provides an eCommerce experience as well as media networking and content services for entertainment-related information on the Internet, radio, television, email, mobile networks, and electronic devices (collectively, the “Services”). BeautySage also creates and distributes Services through 3rd party platforms like Facebook, Twitter, Pinterest, Google+, and Tumblr.
We welcome your ongoing feedback and communication. You agree, however, that (i) by submitting unsolicited ideas to BeautySage or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to BeautySage or any the Services or any of BeautySage’s employees or representatives automatically become the property of BeautySage.
If you have any questions about these Terms of Service, please contact us at:
YouDocs Beauty, Inc.
648 Broadway, Suite 705
New York, NY 10012
- Certain types of content are made available through the Services.
- "Content" as used in these Terms of Service means, collectively, the text, product information, data, quizzes, user-directed feedback, graphics, images, video files, audio files, and ads made available through the Services, excluding Member Submissions.
- "Member Submissions" as used in these Terms of Service means, collectively, the text and responses to product reviews and information that Members post, upload or otherwise submit to the Services, including without limitation, in discussion groups, topic-specific clubs, message boards, reviews, ratings, and Member created profile pages, whether for themselves, a product, a brand, a medical condition (whether biological or psychological), a beauty-related issue, another Member or set of Members, etc.
- Member understands and agrees that, given the very large amount of Content added, deleted, altered, and edited on the Services on a frequent basis, BeautySage does not and cannot screen anything made available to its Members.
- BeautySage reserves the right, but not the obligation, to remove and permanently delete any Content or Member Submissions from the Services without notice.
- You acknowledge and agree that no Content on any of the Services represent an express or implied endorsement of any kind by any celebrity, person, user, or any other entity represented or featured on the Services.
- You acknowledge and understand that, both, Dr. Mehmet Oz (hereafter "Dr. Oz") and Dr. Michael Roizen (hereafter "Dr. Roizen") – collectively known as "The YouDocs" – do not endorse or recommend any product, brand, service, or procedure included within the Content or Member Submissions of the Services, regardless of whether such related Content or Member Submission was added by a user, a member, an employee, officer, director, or associated party of BeautySage, an employee, director, officer or associated party of a BeautySage corporate partner or sponsor, or otherwise.
- You acknowledge and understand that no BeautySage advisor, consultant, editor, director, officer or employee is endorsing or recommending any product, brand, or service, regardless of any Content that may present the perception of endorsement by the Member or User. No person, company, or other entity associated with BeautySage shall be held responsible for your decision to undertake a medical (or other) procedure, purchase a product, or institute lifestyle changes or modifications (i.e., sleep behavior, exercise routines, or nutrition decisions). BeautySage recommends consulting with your physician before considering or pursuing any medical procedure or trying any product, medicine, or supplement.
- CONTENT AND MEMBER SUBMISSIONS ON THE SERVICES ARE NOT INTENDED TO DIAGNOSE, CURE, OR PROVIDE MEDICAL RECOMMENDATIONS OF ANY KIND. FOR ANY AILMENT, CONDITION, HEALTH ISSUE OR QUESTION, OR THE LIKE, BEAUTYSAGE SUGGESTS THAT YOU SPEAK DIRECTLY TO YOUR PHYSICIAN.
- MEMBER SUBMISSIONS ON THE SERVICES ARE NOT SCREENED, PROOFED, OR VERIFIED. YOU ACKNOWLEDGE AND UNDERSTAND THAT BEAUTYSAGE DOES NOT ENDORSE FOLLOWING THE ADVICE, RECOMMENDATIONS, WARNINGS, TIPS, OR THE LIKE, OF ANY MEMBER SUBMISSIONS, REGARDLESS OF THE SOURCE OF SUCH MEMBER SUBMISSION. BEAUTYSAGE STRONGLY URGES YOU TO ONLY FOLLOW THE ADVICE OR GUIDANCE OF YOUR PHYSICIAN.
- Members may receive newsletters or emails directly from BeautySage. You may terminate your subscription to any BeautySage newsletter by clicking on the “unsubscribe” link at the bottom of each newsletter and following the simple instructions.
- BeautySage reserves the right to change or modify, in its sole discretion and without prior notice, the frequency with which it distributes newsletters to its Members. BeautySage also maintains the right to change or modify the layout, design, content, etc. of its newsletters without prior notice to its Members.
- Content on BeautySage is for informational purposes only. You understand and acknowledge that, while BeautySage may provide information on a specific topic, issue, or question, it represents only one viewpoint, and that contradicting viewpoints may exist and may be better suited for your particular issue, condition, or question.
- Member understands and agrees that the Services do not endorse or encourage gossip, rumors or other speculative personal information regarding celebrities, public figures, or other Members.
Copyright Materials: No Unauthorized Use
You shall not use the Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
BeautySage has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members of the Services who infringe or are believed to be infringing the rights of copyright holders:
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide BeautySage with the following information required under 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description and identification of the copyright work(s) claimed to have been infringed;
- 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 enough information to permit BeautySage to locate the material on the Site;
- Your address, telephone number and email address;
- A statement, made under penalty of perjury, that the complaining party, has 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, made under penalty of perjury, that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- BeautySage’s Copyright Agent for notice of claims of copyright infringement on any BeautySage site (including, but not limited to, YouBeauty.com and BeautySage.com) can be reached as follows:
Copyright Agent c/o BeautySage
648 Broadway, Ste. 705
New York, NY 10012
Upon receipt of notice as described above, BeautySage will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services, and/or termination or suspension of the responsible Member’s account.
Disclaimer of Warranties
- Your use of the Services, Content, and Member Submissions is at your sole discretion and risk. The Services, Content and Member Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
- BeautySage expressly disclaims all warranties of any kind, express, implied or statutory, relating to the services, content and member submissions, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
- BeautySage and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the BeautySage Sites, Services, or Software will meet your requirements; (ii) the BeautySage Sites, Services, or Software will be uninterrupted, timely, secure, or error-free; and (iii) the results or data that may be obtained from the use of the BeautySage Sites, Services, or Software will be accurate or reliable.
- No advice or information, whether oral or written, obtained by you from BeautySage shall create any warranty not expressly stated in this Agreement.
- BeautySage has no ability to control the Member Submissions that are uploaded, posted, or otherwise transmitted using the Services and does not have any obligation to monitor such Member Submissions for any purpose.
- BeautySage does not endorse any Member Submission or any opinion, recommendation, rating, advice, or product association expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BeautySage with respect thereto.
- Members enter into direct commercial or personal relationships with other Members at their own risk. BeautySage strongly recommends that Members do not ever buy or sell goods or services directly with other Members. BeautySage may sell items, on any of our sites, through 3rd party affiliates or partners. You understand and acknowledge that any transaction between you and one of these affiliates or partners is out of BeautySage’s control, and you agree that BeautySage is not liable or responsible for any such transaction.
- You understand and acknowledge that no Content shall be uploaded via any BeautySage Services, through any of its tools, mechanisms, or otherwise, unless you own the copyright or distribution rights to the Content.
You agree to defend, indemnify, and hold BeautySage, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services, Content and Member Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party.
Limitation of Liability
In no event shall BeautySage, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the services, data, content and member submissions whether the damages are foreseeable and whether or not BeautySage has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Member Submissions, Intellectual Property, and Ownership
- You may access and use the Content for your own personal, non-commercial use.
- You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Content, Member Submissions or related products and services.
- You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, distribute, publish, transmit, broadcast, sell, license, or otherwise exploit the Services, Content, or Member Submissions (other than your own Member Submissions).
- BeautySage and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Services, Content, Information, and Data contained therein other than your Member Submissions.
- BeautySage does not claim ownership rights in your Member Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any Member Submission to the Services, you hereby grant BeautySage a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such Member Submissions in any form, medium, or technology now known or later developed, including without limitation on the Services, and any third party websites.
- You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to BeautySage.
- BeautySage shall own all right, title, and interest in and to all derivative works and compilations of Member Submissions that are created on the Services, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by BeautySage to give to BeautySage the full benefit of the rights granted to BeautySage by you.
- You acknowledge and agree that BeautySage may at its option, establish limits concerning Member Submissions, including, without limitation, the maximum number of days that Member Submissions will remain on the Services, the maximum size of any files that may be stored on or uploaded to the Services, and the maximum disk space that will be allotted to you for the storage of Member Submissions on BeautySage’s servers and the respective servers of the Services.
- BeautySage shall have no responsibility or liability and you are solely responsible for creating back-ups of your Member Submissions.
Modification of the Terms of Service
- BeautySage reserves the right, in its sole discretion, at any time to modify, discontinue or terminate its Services, or modify these Terms of Service without notice.
- All modified terms and conditions will be effective after they are posted on the Services (unless a longer notice period is required by applicable law).
- If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your related account.
- By continuing to access or use the Services after BeautySage makes any such revision, you agree to be bound by the revised Terms of Service.
- In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
- You may not assign this Agreement in any way without the prior written consent of BeautySage and any prohibited assignment will be null and void. BeautySage may assign these Terms of Service or any rights hereunder without your consent.
- The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, partner, or joint venturer of the other.
- This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Ohio. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in Ohio and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
- You agree that this Terms of Service and the rules, restrictions and policies contained herein, and BeautySage’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and BeautySage.
- This Terms of Service together with the policies and rules of the Services you choose to access constitute the entire agreement between BeautySage and you with respect to the subject matter hereof.
- Any notice or other communication to be given hereunder will be in writing and given (a) by BeautySage via email (in each case to the address that you provide), (b) a posting on the Services, or (c) by you via email to legal@YouBeauty.com or to such other addresses as BeautySage may specify in writing.
- YOU MUST BE AT LEAST 13 YEARS OLD TO USE THIS OR ANY OF THE SERVICES.
- Registration is limited to one account per Member.
- You are responsible for keeping your password secure.
- You are responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify BeautySage of any unauthorized use of your password.
- You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
Repeat Infringer Policy
BeautySage has a policy of terminating the accounts of repeat infringers. A repeat infringer shall include any Member who has made multiple submissions of Member Submitted Content for which we receive a notice of claimed infringement under this Copyright and Intellectual Property Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright and Intellectual Property Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright and Intellectual Property Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.
You agree you will not do any of the following while using or accessing the Services:
- Create more than one user account per individual. Using alternate email addresses to create additional user accounts is not permitted.
- Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use of copying of any Content.
- Upload, email, otherwise transmit:
a. Any Member Submission to which you do not have the lawful right to copy, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission);
b. Any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission in necessary; or
c. Any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
d. Any BeautySage Content via a web platform or service, mobile platform or service, or social community without written consent from BeautySage. However, Members and Users may share BeautySage Content via Facebook, Twitter, email, and other social networking sites, if that Member or User does so by utilizing the “Share” tools provided within the Services by BeautySage.
- Upload, email, or otherwise transmit any Member Submission which you know to be, or have reason to believe, is incorrect or potentially harmful. Members who suspect any Member Submission or Content to be incorrect or potentially harmful agree to immediately contact BeautySage to notify them of such.
- Use meta tags or other hidden text or metadata utilizing a BeautySage and/or BeautySage name, trademark, URL, or product name;
- Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes", or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Upload, email, or otherwise transmit, via the Services, any Member Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of BeautySage.
- Upload, email, or otherwise transmit any Member Submissions that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any Member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Upload, email or otherwise transmit any Member Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio, or video of any Member Submissions that is unrelated to the immediate, aesthetic nature of the Member Submissions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Services, servers, or networks connected to the Services, or the technical delivery systems of BeautySage’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Attempt to probe, scan, or test the vulnerability of any BeautySage system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Attempt to access, search, or meta-search the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by BeautySage or other generally available third party web browsers (such as Safari, Mozilla Firefox, Opera, or Microsoft Internet Explorer), including without limitation any software that sends queries to the Services to determine how a website or web page ranks;
- Collect or store personal data about other Members without their express permission;
- Impersonate or misrepresent your affiliation with any person, entity, product or brand, through pretexting or some other form of social engineering, or otherwise commit fraud;
- Violate any applicable law, regulation, or ordinance; or
- Use the Services in any manner not permitted by this Agreement.
Termination & Cancellation
- We may terminate or suspend your access to the Services and remove any material (including Member Submissions) from the Services or our servers, in our sole discretion, at any time, for any reason without notice to you.
- Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate.
- We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any Member Submissions.
- We may seek to gather information from a Member or Member who is suspected of violating these Terms of Service (or from any other Member) and you agree to provide us with such information.
- We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any Member Submissions, emails, or other materials that are believed to violate these Terms of Service.
- You may terminate your account at any time and for any reason by either terminating your account directly on the Services or by sending an email to legal@YouBeauty.com.
- Any suspension, termination, or cancellation shall not affect your obligations to BeautySage under these Terms of Service (including, but not limited to, ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Third Party Links
- The Services and/or the Members of the Services may provide links to third party websites or resources from the Services.
- You acknowledge and agree that BeautySage is not responsible or liable for the availability or accuracy of, and BeautySage does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources.
- You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Terms of Service
If you have any questions about these Terms of Service, please contact us at the following addresses:
YouDocs Beauty, Inc.
648 Broadway, Suite 705
New York, NY 10012