ASPS Patient Education App Terms and Conditions of Use
The App does not provide medical advice. The text, graphics, photos, simulators, videos and other information (the "Content") is not intended as medical advice and should not be considered medical advice. Always seek the advice of a qualified Board Certified plastic surgeon regarding any medical condition or procedure.
The App may display Content that is graphic in nature and that may depict partial or full nudity. If you find such material offensive you should not use the App or you should exercise caution before accessing certain features of the App.
You must be at least 18 years old to have our permission to use the App. We do not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
You are responsible for all registration data, photos, videos, comments, text, documents and other information ("User Submission") that you upload, enter or post using the App. You agree that you will not upload any User Submission that infringed or violated any rights of any party or that compromises the privacy of any person or patient. By providing any User Submission you agree that it is non-confidential for all purposes. You hereby grant ASPS an irrevocable, worldwide, royalty-free right and license to use any and all User Submission submitted to ASPS.
You agree to indemnify, defend and hold harmless ASPS, its affiliated companies, business partners, licensors, employees, agents, and any third party information providers to the App from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the site, the App, or the Content, or any violation by you of this Website Terms and Conditions of Use.
Unless otherwise specified, the App is for your personal non-commercial use. You may not copy, reproduce, publish, distribute, sell, create derivative works from, transfer, retransmit, stream or sell the Content without the express written consent of ASPS. ASPS authorizes you to view and download a single copy of Content that is of interest to you for personal, noncommercial use. You must acknowledge ASPS as the source and owner of any content you download and subsequently share with another individual through any means. You may not download content for use on any other app, web site or internet accessible service without the express written consent of ASPS. You may not collect, download or attempt to collect or download email addresses, contact information, photos or other information through the use of bots, spiders, crawlers or other automated technology or programs for any purpose. You may download a reasonable number of items for your personal noncommercial use but you may not attempt to download large numbers of items for the purpose of obtaining all of or a large portion of our email addresses, contacts or photos. You may not use the "Find a Surgeon" feature, the search feature or any contact information on this site for the purposes of commercial solicitation of ASPS member physicians or any other individual.
The App and the Content, including but not limited to white papers, press releases, procedure descriptions, are protected by U.S. and/or foreign copyright laws, and belong to ASPS or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ASPS or other copyright owners who have authorized their use on the site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ASPS. You may not manipulate or alter in any way images or other Content in the App except through the use of tools provided within the App.
You agree not to copy, distribute, imitate, retransmit, or stream any technical, design or layout elements of the App or any other App owned, licensed, operated or controlled by ASPS.
Certain Content in the App may qualify for trademark and/or servicemark protection under Federal and/or common law. You acknowledge that ASPS, its partners, affiliates, contributors or third parties own all right, title, and interest in and to any such trademarks and/or servicemarks. You are prohibited from using any of the marks or logos appearing throughout the App without permission from the trademark, servicemark, or trade dress owner, except as permitted by applicable law.
If the App requires you to create an account to use for logging on to the App you agree to complete the account creation process by providing us with current, accurate, complete information in your responses during the account creation process. You are responsible for choosing and protecting your user name and password and for all activities that occur using your user name and password and you agree not to share your user name and password. You agree to notify ASPS immediately if you believe your user name or password have been compromised or used without your authorization. You may not use another person's user name and password without the permission of its owner.
The Apps may include photo galleries, simulators, email services, discussion boards, chat services, forums, personal or enhanced web pages, event calendars and other additional services ("Enhanced Services"). You agree that you will not use any Enhanced Service to
· conduct or post personally identifiable information on any person or patient,
· post defamatory, abusive or threatening comments,
· promote, advertise, offer to sell or buy any commercial products or services,
· post any inappropriate, obscene, illegal content,
· upload any files containing programs, scripts, or other software of any type,
· upload any content or files that you do not own or control the appropriate copyright, patent, intellectual property or trade secret rights to,
· collect or attempt to collect information about other users of the App or ASPS member, including but not limited to email addresses, fax numbers and mailing addresses, unless you are retrieving the information to contact a board certified ASPS member surgeon for the purposes of your personal medical consultation or services, create a false identity for any purpose, or
· restrict, impeded or attempt to impact the ability of others to access the App in a normal and secure manner.
You agree that ASPS has no obligation to monitor the App but may do so at its sole discretion and may review content that has been posted to the App under your account and that ASPS, if it finds that content to be unacceptable for posting for any reason reserves the right to delete the content with any notice or obligation to you. You agree that ASPS reserves the right to terminate your account or limit your access to any or all of the Apps at any time without notice for any reason.
The Apps may provide links to other apps, sites or services not owned, operated or controlled by ASPS. By using any such link you are stating that you understand that ASPS is not responsible for the content or services of any such linked site or service, that the appearance of such a link does not imply any endorsement by ASPS and that these links are provided to you only as a convenience.
ASPS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE APP OR THE CONTENT. ASPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE APP, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE APP. ASPS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE APP WILL BE CORRECTED. ASPS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE APP AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ASPS reserves the right to modify this App Terms and Conditions of Use at any time without giving you prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the App Terms and Conditions of Use as modified. The last date these Terms and Conditions of Use were revised is set forth below.
Last Update: September 18, 2013