Terms and Conditions
1. Acceptance of Terms. This website, including Surgery.org, ASERF.org, Projectbeauty.com and SmartBeautyGuide.com (collectively "our websites") are owned and operated by The American Society for Aesthetic Plastic Surgery, Inc. ("we", "our" or "ASAPS"). Access to and use of our websites, including any affiliated websites, podcasts, videos and products, is subject to these Terms and Conditions. BY ACCESSING OUR WEBSITES, SUCH AS BY CLICKING A "SUBMIT" BUTTON ON ANY OF OUR FORMS, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THESE TERMS AND CONDITIONS INCLUDING ALL OF THE DISCLAIMERS BELOW. We reserve the right to change these terms and conditions at any time. The changes will appear on this webpage. If our individual websites contain additional terms and conditions, those terms and conditions shall apply to your use of that website in addition to these terms and conditions. In the event of a conflict with these terms and conditions, the more restrictive term and/or condition shall apply.
2.1 Non-Personal Information. If you browse our website or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store the internet domain, your IP address, your browser and operating system, the date and time, which pages you visit, and whether you are linking to us from another website. We use this information to learn about the number of visitors to our site and the types of technology our visitors use. We provide this same information to third parties who create statistics of visitor usage to help us improve our website. Your IP address also provides us with your city, but not your street address. We use this information to provide you with the names of local physicians when you use our Find-a-Surgeon feature.
2.3 Personal Information You Provide. We do not collect personally identifiable information unless you provide it to us, such as by sending an e-mail or by filling out a form and submitting it through our website. We use that information only to respond to your message and to help us provide you with the information and services that you request. When you click the "Submit" button on any of our sites, you are voluntarily consenting to our use of the information you submit for the stated purpose. We do not collect or use your personally identifiable information for commercial marketing unless you are a member of ASAPS and have not opted out from receiving e-mails and offers. We never use your information for evil.
2.4 Public Forums. If you voluntarily disclose personal information, such as your name or email address in a forum, chat room or on any other user-generated page on our websites, your personal information can be viewed by the general public, you may be identified by search engines, and you may receive unsolicited contact by third parties. We advise that you not post any sensitive information in public forums on our websites, including but not limited to our Ask-a-Surgeon feature.
3. Copyright Notice. Everything displayed on our websites is our property and protected by copyright, trademark and other laws. This content is only for your personal, non-commercial use. Any use of our intellectual property in connection with the sale, distribution, or advertising of any goods or services is strictly prohibited, except with our express permission.
4. Blogging and Posting Guidelines.
4.1 ASAPS Website License. ASAPS grants you a personal, non-exclusive, non-transferable, revocable license to use our websites to post original content that is legible, comprehensible, written in English, and true and correct in light of your knowledge, provided you abide by all of our Terms and Conditions.
4.2 Comment Policy. All website guests are encouraged to leave comments. While all points of view are welcome in our forums, only comments that are courteous, on-topic and free of prohibited content will be posted. Our goal is to review and respond, as needed, to all comments within five business days of submission. Comments from readers under the age of 13 will not be posted, due to the Children’s Online Privacy Protection Act (COPPA). We reserve the right to edit and post comments at our discretion.
4.3 Patient Video Guidelines. Patients are invited to submit testimonial videos in QuickTime format, VGA resolution or better, a maximum length of 2 minutes and delivered via www.acrobat.com with a link to the video for retrieval by ASAPS. Content must be consistent with our Blogging and Posting Guidelines.
4.4 ASAPS Member Video Guidelines. ASAPS members may submit videos for their Enhanced Practice Page websites. These videos must be in QuickTime format, VGA resolution or better, a maximum length of 2 minutes and delivered via www.acrobat.com with a link to the video for retrieval by ASAPS. Content must be consistent with our Blogging and Posting Guidelines, the ASAPS Code of Ethics, and ASAPS' mission of education and patient safety.
4.5 ASAPS Member Photo Guidelines. ASAPS members may submit photographs for their Enhanced Practice Page websites. These photos must be in .jpg format with VGA resolution or better. We reserve the right to reject any photos where backgrounds, perspectives, resolutions, lighting, clothing, jewelry or expressions detract from or misrepresent the aesthetic result. We may, but without the obligation to do so, minimally alter submitted photos so as to achieve photographic uniformity, provided we can make such minimal alterations without affecting the aesthetic result. By submitting your photos, you give us permission to add copyright notices or watermarks to discourage photo piracy.
4.6 Prohibited Content. Our websites may include forums, chat rooms and other user-created pages that allow you to post information, provide feedback to us, and interact. You are fully responsible for any content you post or submit. You agree not to post or submit any fraudulent, unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which implies, accuses or encourages conduct that would constitute a criminal offense, hate speech, would violate the rights of others, or would otherwise violate any applicable local, state, national or international law. You also agree to not post or submit:
4.6.1 Any other person's personal information, including Protected Health Information;
4.6.2 Any commercial materials, including advertisements, spam, pyramid schemes, chain letters or other promotional materials;
4.6.3 Any content which contains viruses, worms, Trojan horses or any other contaminating or destructive features; or
4.6.4 Any message written anonymously or under a false name, or wherein you are impersonating any person or entity, such as astroturfing, or misrepresenting, either by commission or omission, yourself or your affiliation with another person or entity, or engaging in any other deceptive scheme or practice.
4.7 Conflicts of Interest. You agree to disclose any compensation, employment or affiliations which, when broadly viewed, could be construed as potential conflicts of interest.
4.8 Our Right to Edit. We reserve the right, in our sole discretion, but without obligation, to reject, edit, remove, or otherwise alter any content submitted or posted to our websites.
4.9 Our Right to Use Your Content. By posting or submitting content to our websites, you are granting us a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, sublicense, modify, publicly perform, display, translate, create derivative works from, incorporate into other ASAPS media and distribute your content, in whole or in part, in any form or technology now known or later developed. You are also authorizing us to publish your name, if you have provided it, and city, state and country in connection with our use of your content.
4.10 You Cannot Change Your Content. Once you irrevocably license your content to us by submitting it to one of our websites, you cannot withdraw your license or change your content. You still own your content and may republish it elsewhere.
5. Social Media Policy. ASAPS maintains a presence on Facebook, Twitter, YouTube, Google+, LinkedIn and Pinterest. We encourage you to engage with us on such social media sites. However, you may only do so consistent with the blogging and posting policy above. We will delete or hide from view any posts which violate that policy, the terms and policies of the social media site, or which we otherwise deem inappropriate for our social media communities. If you violate these terms and conditions, we may also ban you from accessing our social media pages and/or report you to the social media site for further action.
6. Legal Effect of Clicking "Submit." When you click "Submit" on any of our websites, you represent, warrant and covenant that you are agreeing to all of our Terms and Conditions, and you are at least eighteen years old.
7. Your Indemnification of ASAPS. You agree to indemnify, defend and hold harmless ASAPS, which includes our officers, directors, owners, agents, information providers, affiliates, licensors and licensees, from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by us in connection with any claim arising out of any material that you post or transmit, or any breach of these Terms and Conditions by you or anyone acting at your direction. You shall cooperate fully and reasonably in the defense of any such claim.
8. Information You Receive From Our Website. You acknowledge that we are not responsible for the information available on our website forums, chat rooms and other user-generated pages and we do not represent or endorse the accuracy or reliability of any information available therein. Any opinions, advice, services, offers and other information disseminated through our websites are those of their respective authors who are solely liable for their content. Some materials available on our websites are the result of research or are contributed by independent individuals or organizations. ASAPS is not responsible for the accuracy or reliability of any data or conclusions reported in such materials.
9. News Brief Policy. Our websites contain Plastic Surgery News Briefs that are summaries of relevant stories found through various news and magazine outlets. The views expressed in these news articles and News Briefs do not necessarily reflect the opinions of ASAPS, but are published as an educational service.
10. Advice You Receive from Ask-a-Surgeon. You acknowledge and agree that communications with Ask-a-Surgeon and other content providers through our websites are not confidential and are not subject to any confidentiality privilege, such as doctor-patient. You may not ask our surgeons to express an opinion about specific doctors, engage in defamation, or request diagnoses or prescriptions. We shall edit any questions and responses as we deem necessary. All communications directly between you and Ask-a-Surgeon, and any reliance upon any such opinions, advice, statements, memorandums, or information shall be at your sole risk.
11. Our Websites Are Not a Substitute for Medical Advice. Content on our websites, including a response from Ask-a-Surgeon, is to be used for educational, research and general informational purposes only and never as a substitute for an in-person evaluation by an ASAPS member board certified plastic surgeon. Your use of any information provided on our websites is solely at your own risk. Do not disregard, avoid or delay obtaining medical advice from your doctor because of something you have read on one of our websites.
12. Endorsements. Our websites contain references to, descriptions of, discussions about and links to many products, publications and services within the general field of aesthetic medicine. Such references do not imply endorsement by us unless expressly stated on our websites.
13. OUR WEBSITES ARE PROVIDED ON AN "AS IS" BASIS. OUR WEBSITES ARE PROVIDED “AS IS” ON AN “AS AVAILABLE BASIS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT WILL ASAPS, ITS EMPLOYEES, OFFICERS, MEMBERS, AGENTS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, OUR WEBSITES, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR WEBSITES.
14. Third Party Links. We do not review or monitor any websites or other media linked to or available through our websites. We are not responsible for the content of any such linked websites.
15. Intellectual Property Infringement Complaints. ASAPS respects the intellectual property ownership rights of others. If you believe your work has been reproduced on any of our websites in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
16. Disputes. Any disputes arising out of or related to our Terms and Conditions or websites shall be governed by, and construed and enforced in accordance with, the laws of the State of California. In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of California, County of Orange.
17. Modifications to our Websites. We reserve the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, our websites, or any part of our websites, with or without notice. You agree that we shall not be liable to you for any such action.
Updated September 19, 2013