Advertising Program Terms
Advertisers that agree to the online Advertising Terms and Conditions ("Terms", or "Program") are required to adhere to the following policies, so please read them carefully. Because we may change our policies at any time, please check here often for updates. In accordance with and in addition to our other Terms and Conditions, it's your responsibility to keep up to date with, and adhere to, the policies posted here as well as our other terms. Exceptions to these policies are permitted only with written authorization from Medical Spa MD.
Advertisers that agree to the online Advertising Terms and Conditions are required to adhere to the following policies, so please read them carefully. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement
- change the website, including eliminating or discontinuationg any information, services, or features
- disable ad serving or links to your site for failure to comply with this Agreement
Any changes we make will be effective immediately upon our making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
This site is intended for medical professionals around the world but is accessable by anyone, anywhere. It contains information from places on this planet where laws and regulations are probably very different from those that you might be operating under. You should not take any action or make any decision without consulting your own legal and/or professional representative wherever you are. Medical Spa MD is accessable worldwide and is a public website that can be viewed where different laws or regulations apply. If you choose to advertise on this site or any other site associated or affiliated with Medical Spa MD, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. Medical Spa MD and Customer and Medical Spa MD and Partners or Select Partners are not legal partners or agents, but are independent contractors.
Many products and services are regulated by laws or regulations which vary from country to country and by location. All advertising, as well as the products and services being advertised, must clearly comply with all applicable laws and regulations in all countrys in which they do business. All advertisers bear their own responsibility for understanding the laws applicable to their business and represent that they are in compliance with all applicable laws.
Program use is subject to all applicable Medical Spa MD and Partner policies, Medical Spa MD Terms (http://medicalspamd.com/info/). Policies may be modified at any time. Customer shall direct only to Medical Spa MD communications regarding Customer ads on Partner Properties. Some Program features are identified as "Beta," "Ad Experiment," or otherwise unsupported ("Beta Features"). To the fullest extent permitted by law, Beta Features are provided "as is" and at Customer's option and risk. Customer shall not disclose to any third party any information from Beta Features, existence of non-public Beta Features or access to Beta Features.
You agree not to do any of the following:
a. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commerical Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S. Items identified as “not for distribution within the United States” may not be sold using the Services.
b. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
c. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
d. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
f. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
g. Cause or encourage any person or entity to violate our regular Terms of Service.
h. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
i. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Site, its members, authors, owners, contractors, or employees.
j. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation to this sites readers, members, authors, contractors, owners or employees.
k. Use the Site or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service.
l. Collect or store any personally identifiable information from the Site or from other users of the Site without their express written permission.
m. Impersonate or misrepresent your affiliation with any person or entity.
n. Violate any applicable law or regulation.
o. Encourage or enable any other individual or entity to do any of the foregoing.
Customer is solely responsible for all: (a) all ad content, ad information, and ad URLs ("Creative"), whether generated by or for Customer; and (b) web sites, services and landing pages which Creative links or directs viewers to, and advertised services and products (collectively "Services"). Customer shall protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of any Customer accounts. Customer understands and agrees that ads may be placed on (y) any content or property provided by Medical Spa MD ("Medical Spa MD Property"), and, unless Customer opts out of such placement in the manner specified by Medical Spa MD, (z) any other content or property provided by a third party ("Partner") upon which Medical Spa MD places ads ("Partner Property"). Customer authorizes and consents to all such placements. Customer agrees that all placements of Customer's ads shall conclusively be deemed to have been approved by Customer unless Customer produces contemporaneous documentary evidence showing that Customer disapproved such placements in the manner specified by Medical Spa MD. Medical Spa MD may modify any of its Programs at any time without liability. Medical Spa MD also may modify these Terms at any time without liability, and Customer's use of the Program after notice that these Terms have changed constitutes Customer's acceptance of the new Terms. Medical Spa MD or Partners may reject or remove any ad or Target for any or no reason.
PROHIBITED USES; LICENSE GRANT; REPRESENTATIONS & WARRANTIES
Customer shall not, and shall not authorize any party to: (a) Use our marks, buttons, name, signs or trademark in any way other than placing an approved image link on your site identifying you as an advertiser; (b) use any automated means or form of scraping or data extraction to access, query or otherwise collect Medical Spa MD advertising related information from any Program website or property except as expressly permitted by Medical Spa MD; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice; (d) represent that any view or opinion is held by or attributable to Medical Spa MD or Authors; (e) represent that any other relationship exists between you and Medical Spa MD other than that of independent contractor or advertiser.
Customer represents and warrants that it holds and hereby grants Medical Spa MD and Partners all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in Creative, Services and Targets needed for Medical Spa MD and Partner to operate Programs (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Creative or Targets) in connection with this Agreement ("Use"). Customer represents and warrants that (y) all Customer information is complete, correct and current; and (z) any Use hereunder and Customer's Creative, Targets, and Customer's Services will not violate or encourage violation of any applicable laws, statutes, regulations, code of conduct, or third party rights (including without limitation intellectual property rights) in countrys in which they do business. Violation of the foregoing may result in immediate termination of this Agreement or customer's account without notice and may subject Customer to legal penalties and consequences.
DISCLAIMER & LIMITATION OF LIABILITY
To the fullest extent permitted by law, MEDICAL SPA MD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, Medical Spa MD disclaims all guarantees regarding positioning, levels, quality, or timing of: costs per click; click through rates; availability and delivery of any impressions, clicks; conversions or other results for any ads or Targets; the accuracy of Partner data (e.g. reach, size of audience, demographics or other purported characteristics of audience); and the adjacency or placement of ads within a Program. Customer understands that third parties may generate impressions or clicks on Customer's ads for prohibited or improper purposes, and Customer accepts the risk of any such impressions and clicks. Customer's exclusive remedy, and Medical Spa MD's exclusive liability, for suspected invalid impressions or clicks is for Customer to make a claim for a refund in the form of advertising credits for Medical Spa MD Properties within the time period required under Payment Section below. Any refunds for suspected invalid impressions or clicks are within Medical Spa MD's sole discretion.
NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEDICAL SPA MD BY CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM.
Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.
Customer represents and warrants that (a) it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises (a "Principal"), (b) as between Principal and Customer, the Principal owns any rights to Program information in connection with those ads, and (c) Customer shall not disclose Principal's Program information to any other party without Principal's consent.
Customer shall be responsible for all charges and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees Medical Spa MD incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 60 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on Medical Spa MD's measurements, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Medical Spa MD and only in the form of advertising credit for only Medical Spa MD Properties. Nothing in these Terms or an IO may obligate Medical Spa MD to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Medical Spa MD may be shared by Medical Spa MD with companies who work on Medical Spa MD's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Medical Spa MD and servicing Customer's account. Medical Spa MD may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Medical Spa MD shall not be liable for any use or disclosure of such information by such third parties.
Customer shall indemnify and defend Medical Spa MD, its Partners, agents, affiliates, and licensors from any third party claim or liability (collectively, "Liabilities"), arising out of Use, Customer's Program use, Targets, Creative and Services and breach of the Agreement. Partners shall be deemed third party beneficiaries of the above Partner indemnity.
THE AGREEMENT MUST BE CONSTRUED AS IF BOTH PARTIES JOINTLY WROTE IT. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LITIGATED EXCLUSIVELY IN THE COUNTRY OF THE PHILLIPPINES, AND MEDICAL SPA MD AND CUSTOMER CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. The Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email, but any modifications by Customer to the Agreement must be made in a writing executed by both parties. Any notices to Medical Spa MD must be sent via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void. Medical Spa MD and Customer and Medical Spa MD and Partners or Select Partners are not legal partners or agents, but are independent contractors. In the event that these Terms or a Program expire or is terminated, Medical Spa MD shall not be obligated to return any materials to Customer. Notice to Customer may be effected by sending an email to the email address specified in Customer's account and is deemed received when sent (for email) or no more than 15 days after having been posted.