Cosmetic Town Terms of Service

Cosmetic Town reserves the right to change these Terms of Service (“Terms”) without notice. In that event, Cosmetic Town will post the revised version of these Terms on this page and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Service (defined below) after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service.

Contractual Agreement

This contract covers the use of cosmetictown.com and the services and information available. By accessing or using Cosmetic Town’s website, members agree to be bound by these Terms and Cosmetic Town’s Privacy Policy, Community Guidelines, and any other policies and guidelines Cosmetic Town currently has in place.

Terms of Service

The material on this site is for educational purposes only, and intended for users and professionals who want to share their experiences and knowledge with other Cosmetic Town Members. The information contained therein is meant to be used as a guide for users. Professional members, while encouraged to offer their opinion, are not to make any medical diagnosis without meeting their patient in person. Professionals are discouraged from using the site for advertising and commercial spamming.

Examples of this type of advertising include the following:

  • Sending unsolicited emails to Cosmetic Town Members for the purposes of self promotion
  • Providing links or hyperlinks that are used to extract data from Cosmetic Town Members without their permission
  • Using the service to attempt to solicit business
  • Using any data mining, robots, or similar data gathering and extraction methods in connection with the Service for any reason whatsoever.
  • Posting duplicate reviews in an attempt to spam Cosmetic Town

Cosmetic Town for spamming will constitute a violation of these terms, which may result in action against the transgressor by Cosmetic Town including, but not limited to, civil or criminal prosecution and/or a temporary or permanent ban from the Website and associated media.

Additional Violations Include:

  • Misrepresenting yourself or making false claims.
  • Using the Service or registering as a member of Cosmetic Town if you are under the age of 13.
  • Using the Service in any way or for any purpose that is against any local, state, federal or any other applicable laws.
  • Using the service in any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Cosmetic Town Parties”), or any customer of a Cosmetic Town Party
  • CPosting or submitting any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar, or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights by containing any trade secrets or other confidential information, or otherwise offensive or objectionable;
  • Community members should not use CPosting or submitting any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar, or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights by containing any trade secrets or other confidential information, or otherwise offensive or objectionable;
  • Cosmetic Town to promote, encouragosmetic Town to promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
  • Registering for multiple accounts or using the account of another person;
  • Impersonating or pretending to be any person other than yourself;
  • Attempting to interfere with or disrupt Cosmetic Town by hacking or other means that interfere with the user’s ability to use the site or the administrator from maintaining functionality.

Any use of Cosmetic Town other than as specifically authorized by our community guidelines without prior written permission is strictly prohibited.

Doctors and providers are allowed to refute erroneous comments or misrepresentations posted in the reviews section provided that they are either the representative party or state their affiliation with said party upfront. Cosmetic Town has the legal right to remove content or issue a warning at its own discretion if it’s determined that the post does not meet community guidelines.

Cosmetic Town Membership

Users are responsible for providing information that is current and accurate. Cosmetic Town has the right to ban users who do not use the community guidelines in the way it was intended. Cosmetic Town members are responsible for informing our administrator about others who are using their account without their permission for the purpose of committing libel or fraud. Members will be asked to provide proof of their account by sending the Cosmetic Town Team photographic evidence of their identity so that Cosmetic Town can take necessary measures to rectify the situation. The user is responsible for reporting such libelous behavior as soon as it is known. Cosmetic Town will not be held responsible for the offending party’s behavior.

Copyright

In accordance with the Digital Millennium Copyright Act of 1998, Cosmetic Town will respond expeditiously to claims or copyright infringement committed using this website. If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Cosmetic Town, Inc. at copyrightagent@CosmeticTown.com or Copyright Agent, Cosmetic Town, Inc., 16661 Ventura Blvd, Encino, CA 91436. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Cosmetic Town to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.

Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the poster of the affected content. If you feel that your material does not constitute infringement, you may provide Cosmetic Town with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyrightagent@CosmeticTown.com that sets forth all the necessary information required by the DMCA. Please not that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

Submissions

Any and all content submitted to Cosmetic Town, including, but not limited to, user generated content, written submissions, interviews, articles, reviews, and images, is irrevocably licensed to Cosmetic Town. This license will grant Cosmetic Town the right to distribute, amend, create derivative works, transmit, and otherwise use the content in all ways possible through all means now known or hereafter devised in perpetuity. While users have the ability to amend their reviews, any content that has been previously published will remain subject to this license in its original, and amended forms, Cosmetic Town’s license grants it the right to republish or redistribute any of the content in any or all media channels, including the right to use its members’ name, portrait, or logos used in the site in connection with the content, for any purposes. Members who publish or post to Cosmetic Town waive any right to privacy or publicity.

Cosmetic Town maintains the irrevocable right, but not the obligation, to change, remove, edit, or modify its user generated content if it is determined (in the sole and exclusive opinion of Cosmetic Town) that it is infringing on the intellectual property of others, determined to be incendiary to the community or libelous toward any individual or group of individuals, or is otherwise in violation of the Community Guidelines. Cosmetic Town will ban users who are in violation of its Terms of Service at its own discretion. Cosmetic Town will not be subject to criminal liability or property damages associated with the misuse of its service, including fraudulent activity, harassment, or unlawful distribution of copyrighted materials. Cosmetic Town has the right, but not the obligation, to monitor user activity for any reason.

If it is found that Cosmetic Town doctors or providers are denying engagements, or otherwise altering their relationship, with verified patients for the purpose of preventing them from posting an objective review, actions will subsequently be taken to remove the doctor’s posting privileges. However, such removal, or other remedial action, will have no impact on the license of user generated content granted to Cosmetic Town at the time of submission. The dissemination or removal of that individual’s Cosmetic Town profile will be at the sole discretion of Cosmetic Town and all its affiliates.

Doctors and providers are solely responsible for obtaining consent from their patients and following all HIPPA requirements before uploading, submitting or posting any photographs of patients or other individuals on Cosmetic Town’s Site. If a doctor or other third-party has submitted, uploaded, or posted a photograph of you on Cosmetic Town’s Site and you want that photograph removed from Cosmetic Town’s Site, please contact Cosmetic Town at info@cosmetictown.com. Please provide the following information about the photograph in order for Cosmetic Town to be able to identify the photograph: (1) identify the photograph and provide Cosmetic Town with enough detail about the photograph so Cosmetic Town can locate it on Cosmetic Town’s Site; (2) provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted, or submitted to Cosmetic Town or your doctor had permission to upload, post, or submit the photograph but you no longer want the photograph displayed on Cosmetic Town’s Site; (3) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the person in the photograph or that you are authorized to act on behalf of the person in the photograph; (4) provide information reasonably sufficient to permit Cosmetic Town to contact you, such as an address, telephone number, and email address and (5) your physical or electronic signature.

Cosmetic Town analyzes usage data as a way of evaluating site performance for the purpose of user optimization. This system is completely anonymous and does not track any individual users.

LINKING TO COSMETICTOWN.COM

You are hereby granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray Cosmetic Town or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any Cosmetic Town trademark, logo, or other proprietary information, including the images found at this website, the content of any text, or the layout/design of any page or form contained on a page without Cosmetic Town’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Cosmetic Town name, trademark, or product name without Cosmetic Town’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Cosmetic Town or any third party. Cosmetic Town makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to this website.

Third Party Websites

Third Party Websites that are linked to and from Cosmetic Town are not subject to the terms and conditions, or community guidelines of Cosmetictown.com. Additionally, Cosmetic Town does not endorse or assume any responsibility for the content, information, or functionality of these sites, nor does it endorse its products or services. Cosmetic Town members must proceed to these sites at their own risk.

Warranties

We provide the Service “as-is,” “with all faults” and “as available.” The Cosmetic Town Parties disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

Cosmetic Town’s Intellectual Property and Proprietary Rights

Cosmetic Town owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site including any and all user generated content. Cosmetic Town owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Cosmetic Town which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, including any editorial content exclusive to Cosmetic Town, or Cosmetic Town’s website except as expressly authorized in writing by Cosmetic Town. In addition, Cosmetic Town does not grant any express or implied rights and all rights in and to Cosmetic Town’s website are retained by Cosmetic Town.

Liability Limitation

To the extent permitted by law, in no event will the Cosmetic Town parties be liable to you or to any third party for any indirect, consequential, special, incidental, exemplary, or punitive damages even if any of the Cosmetic Town parties have been advised of the possibility of such damages. Notwithstanding anything in this contract, the aggregate liability of the Cosmetic Town parties to you in connection with the service (including any third party content on the service) and this contract will be limited to the amount, if any, paid by you to Cosmetic Town for the service.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Cosmetic Town Updates and Cancellation Policy

Cosmetictown.com is subject to change the content of their terms of service at its own discretion with or without warning. The continued use of Cosmetic Town is an implied acceptance by the user of its updated terms of service. Cosmetic Town is not obligated to provide maintenance, technical support, or updates to members but may do so at its discretion. Cosmetic Town reserves the right to cancel its service at any time. The suspension or cancellation of Cosmetic Town or its service does not constitute a waiver of any or all copyrighted materials exclusive to Cosmetic Town, including any or all user generated content, as well as copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Cosmetic Town. Members have the right to cancel or suspend their service but all content as it relates to that user’s account activity may not be recoverable.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this contract and any dispute that might arise between you and the Cosmetic Town Parties in connection with the Service. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California.

Interpreting the Contract

This contract constitutes the entire agreement between you and Cosmetic Town regarding the use of the Service, and supersedes any prior agreements between you and Cosmetic Town relating to your use of the Service. The failure of Cosmetic Town to exercise or enforce any right or provision of this contract shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this contract is held invalid, the remainder of this contract shall continue in full force and effect. If any provision of this contract shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

FORCE MAJEURE

Cosmetic Town will not be liable for any delay in service of its website resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages.

SURVIVAL

All provisions of this Terms of Use, which, by their nature should survive termination, including, without limitation, ownership provisions, warranties and disclaimers, indemnity, and limitation of liability.

MERGER

This Agreement constitutes the entire Agreement between the user and Cosmetic Town concerning the use of this website, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.

Indemnification

You agree to indemnify and hold harmless the Cosmetic Town Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.

Filing a Claim

Any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

Feedback

You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the customer support or “feedback” area for the Service.

Consent

This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to a Cosmetic Town web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Cosmetic Town web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.