Plastic Surgery Journeys.com User Website Agreement
This Plastic Surgery Journeys.com (PSJ) User Forums and Site Agreement ("Agreement") is a legal agreement between you ("You" or "Your") and Plastic Surgery Journeys.com ("PSJ") that governs Your use of PSJ's User Forums and Site ("Forums and Site"). By viewing, downloading, installing, copying, or otherwise using or accessing the Forums and Site, You agree to be bound by the terms of this Agreement. You must indicate Your agreement to be bound by the terms of this Agreement by accepting the terms of this Agreement when you register or visit the site, or else You will not be able access or use the Forums and Site. If You do not agree to the terms of this Agreement, You may not access or use the Forums and Site. You acknowledge that PSJ may, in its sole discretion, modify any or all sections of this Agreement at any time for any reason and that Your continued access or use of the Forums and Site shall be considered Your ongoing acceptance of this Agreement. You acknowledge that You are responsible to check for updates or modifications to this Agreement.
The Forums and Site contains picture tubes, software, scripts, photographs, images, video clips, audio clips, graphic materials, buttons and other information (collectively referred to as "Forums and Site Material") that are protected rights of PSJ and/or third parties under copyright, trademark, trade secret or other proprietary laws. You acknowledge that PSJ copyrights all Forums and Site Material as a collective work. When required, You agree to adhere to restrictions the copyright holders may impose and/or properly label copyrighted work.
You acknowledge and agree, without compensation to You, that PSJ shall have the right to edit, copy, publish, distribute, translate, reproduce, create derivative works from, display or otherwise use in any form any Forums and Site Material that You have posted to the Forums and Site. You acknowledge that You have the authority to grant all rights to the Forums and Site Material outlined in this paragraph.
Posting to the Forums and Site
You are solely responsible for all Forums and Site Material You post. You may post Forums and Site Material that: (i) is owned or created by You; (ii) is not owned or created by You but You have the consent of the owner to make the post (You may have to prove consent if requested); or, (iii) is in the public domain. You assume all risk for deciding whether or not You have the proper consent of the owner or if the posted Forums and Site Material is in the public domain.
You shall not post Forums and Site Material that: (i) is libelous, defamatory, offensive, obscene, pornographic, profane, abusive, harassing, threatening, or otherwise in violation of the "Ethical Posting Rules" provided by PSJ; (ii) is in violation of the rights of PSJ or third parties including but not limited to infringement of copyrights, trademarks, patents, trade secrets or other intellectual property rights; (iii) is in violation of the rights of PSJ's or other parties' privacy or publicity rules and regulations; (iv) contains viruses, Easter eggs, Trojan horses or other contaminating or destructive items; (v) is in violation of any applicable laws including laws regarding unfair competition.
You may post a link to the Forums and Site to another website; however, under no circumstances shall You post a link to a website containing obscene or pornographic material. You shall not post or use the Forums and Site for commercial purposes and shall not distribute, advertise or solicit any funds, goods or services on the Forums and Site.
Use of Forums and Site Material
Unless expressly granted elsewhere in this Agreement, You shall not edit, copy, publish, distribute, translate, modify, license, sell, reproduce, create derivative works from, display, perform, or in any way manipulate any Forums and Site Material other than the material posted by other parties ("Other Content") which shall be defined as Forums and Site Material posted by non-PSJ parties, in whole or in part. However, software that falls under the definition of Other Content may not be reversed engineered unless and to the extent permitted under applicable law.
Other Content may be downloaded, copied or distributed by You only for non-commercial, personal reasons and then only if You maintain all proper copyright and other notices contained in said Other Content. You shall not copying, store, redistribute or publish Other Content without the written permission of PSJ and the Other Content owner except as permitted by law. Any Other Content deemed in the public domain may be downloaded and redistributed by You; however, You assume all risk and responsibility for determining if the Other Content is actually in the public domain.
You are responsible for reporting copyright violations. If You believe that the Forums and Site Material or Other Content You posted has been used in a way that constitutes copyright infringement or You believe another user's Forums and Site Material or Other Content is being used in an infringing matter, You shall notify PSJ of such abuse by sending an email to forummanager@PSJ.com.
PSJ shall not be responsible for and assumes no liability whatsoever with respect to Forums and Site Materials, Other Content or any postings by users on the Forums and Site. PSJ reserves the right and may, in its sole discretion, delete, move, edit or modify any Forums and Site Materials, Other Content or any posting by users for any reason whatsoever.
PSJ does not guaranty or endorse the correctness, truthfulness or reliability of the Forums and Site Materials, Other Content or other postings by users. Your reliance on said postings shall be at Your own risk. PSJ may, but is not obligated to, correct or modify any errors or omissions in the Forums and Site Materials, Other Content or any posting by users. You are solely responsible for all Forums and Site Materials or Other Content posted by You.
PSJ does not endorse (i) any Forums and Site Materials, Other Content or other postings by users; or, (ii) links to third party websites contained in the Forums and Site. The views of the owners of these posting and/or websites does not represent the views of PSJ and You acknowledge and agree that PSJ is not responsible for said content. You are responsible for contacting the system administrator for the third party website(s) if You object to the link and/or the websites' content.
In its sole discretion, PSJ may, at any time without notice to You, restrict, suspend or terminate Your use or access to the Forums and Site for no reason or any reason whatsoever without liability to You. Likewise, in its sole discretion, PSJ may, at any time without notice to You, modify, change suspend or terminate any or all portions of the Forums and Site at any time without liability to You.
PSJ DOES NOT WARRANT THAT THE Forums and Site WILL BE INTERRUPTION OR ERROR FREE. PSJ DOES NOT MAKE ANY WARRANTY AS TO THE CONSEQUENCES OBTAINED FROM THE USE OR ACCESS TO THE Forums and Site OR ANY OF ITS CONTENT. THE Forums and Site AND ALL CONTENT CONTAINED THEREIN ARE DISTRIBUTED TO YOU ON AN "AS IS" BASIS. PSJ MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITIED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE Forums and Site, ANY CONTENT, PRODUCTS OR SERVICES REFERRED TO IN THE Forums and Site. PSJ DOES NOT WARRANT THAT ITS CONTENT OR THE CONTENT OF A THIRD PARTY FOR DOWNLOAD OR USE IN THE Forums and Site IS FREE FROM DEFECTS, VIRUSES OR CONTAINMINATING OR DESTRUCTIVE FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUMED ALL RISK REGARDING THE QUALITY AND PERFORMATION OF THE Forums and Site AND THE ACCURANCY OR COMPLETENESS OF ITS CONTENT.
PSJ, ALONG WITH ANY CONTENT PROVIDER, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE Forums and Site EVEN IF PSJ OR THE CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the state or country where You are domiciled does not allow: (i) an exclusion of implied warranties or limitation of liabilities for incidental or consequential damages; and/or (ii) a limitation on how long an implied warranty lasts, then the limitations or exclusions in the preceding two paragraphs may not apply to You.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to principles of conflict of laws. All actions brought under this Agreement shall be in the jurisdiction of and venued in Los Angeles, California, USA. Headings in this Agreement are provided as a courtesy. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. PSJ's failure to act with respect to a breach by You does not waive its right to act with respect to subsequent breaches or violations.
This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter of the Agreement.