Effective Date: March 27, 2002
License and Access.
Site Modification or Suspension.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide YouBeauty’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
YouBeauty’s Copyright Agent for notice of claims of copyright infringement on YouBeauty.com can be reached at:email@example.com You may also send your questions or comments to our address:Youbeauty.com185 Madison Avenue, Floor 5New York, NY 10016
Use Restrictions and Registration.
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 YouBeauty, an employee, director, officer or associated party of a YouBeauty corporate partner or sponsor, or otherwise and your further acknowledge and understand that no YouBeauty advisor, consultant, author, 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. YouBeauty also does not endorse any Member submission or any opinion, comment, 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 YouBeauty with respect thereto.YouBeauty does not guarantee that any Beauty Content on this site is completely accurate, true or complete. No person, company, or other entity associated with YouBeauty shall be held responsible for your decision to undertake any medical (or other) procedure, purchase or use a product, or institute lifestyle changes or modifications (i.e., sleep behavior, exercise routines, or nutrition decisions) featured on our site. YouBeauty recommends consulting with your physician before considering or pursuing any medical procedure or trying any product, medicine, or supplement.
Your Comments, Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews or provide other content on this Site. If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting YouBeauty, and anyone authorized by YouBeauty, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such Posted Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such Posted Content (in whole or in part), as modified by YouBeauty in its sole discretion. This license is non-exclusive, except that you agree that YouBeauty shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that YouBeauty and its partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any compensation for your Posted Content.YouBeauty expressly prohibits the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. YouBeauty reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. YouBeauty has the right but not the obligation to oversee and edit or remove any activity or content. YouBeauty claims no responsibility and assumes no liability for any content posted by you or any third party.
Third Party Content.
Third parties not affiliated with YouBeauty may offer services or products on the Site. We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability.
THIS SITE IS PROVIDED BY YOUBEAUTY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUBEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUBEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUBEAUTY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM YOUBEAUTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUBEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to YouBeauty or to classes you purchase through YouBeauty shall be submitted to confidential arbitration in the State of New York, County of New York, except that, to the extent you have in any manner violated or threatened to violate any YouBeauty intellectual property rights, YouBeauty may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.