TERMS AND CONDITIONS OF USE
IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THEse TERMS AND CONDITIONS, you MUST DISCONTINUE YOUR USE OF THE WEBSITE.
These Terms and Conditions of Use constitute a legally binding agreement between you and Modiface Inc. ("Modiface") and govern your use of the website operated by Modiface and accessible at http://www.modiface.com, http://www.hairmixer.com, http://www.liftmagic.com, or any other website belonging to or partnering with Modiface Inc. ("Website"), and any and all content, applications, services and products provided via the Website ("Services"). Every access to, or other use of, this Website, whether you are a "Visitor" (which means that you simply browse and use the Website) or you are a "Member" (which means that you have registered with the Website for access to certain Services), signifies your acceptance and agreement to be bound by these Terms and Conditions of Use and such other additional or alternative terms, conditions, rules and policies which are displayed, or to which you may be directed, in connection with this Website or any of the Services, as such may be modified by Modiface from time to time (collectively the "Agreement"). Where available, if you wish to make use of certain Services not available to Visitors, you must indicate your acceptance during the Website registration process. For the purposes of this Agreement, the term "User" means a Visitor or a Member.
The Website and services are solely directed to individuals of the age of majority who can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable local laws. if you do not have legal standing to agree to and accept this Agreement you may not use this website.
Responsibility for Minors
In cases where you have authorized a minor to use the Website or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website may contain material that is inappropriate for minors.
All materials displayed or otherwise accessible through the Website or Services, including without limitation, articles, text, photographs, images, icons, designs, illustrations, audio clips, video clips, computer software, applications, and code (collectively, the "Content") are protected under Canadian and international copyright, trade secret, patent, trademark, and other applicable intellectual property laws. You acknowledge that Modiface, and applicable third parties, own and retain all right, title and interest (including without limitation all worldwide copyright, trade secret, patent and trademark rights) in and to the Website, Services, and Content. Without limiting the foregoing, you specifically acknowledge that Modiface owns and retains all right, title and interest (including without limitation all worldwide copyright, trade secret, patent and trademark rights) in and to Modiface Content, the Website as a collective work and/or compilation pursuant to Canadian and international laws, and the "look and feel" of the Website (including without limitation all page headers, colour schemes, graphics, button icons and scripts). For the purposes of this Agreement, "Modiface Content" means all Content, exclusive only of Content licensed from or contributed by third parties ("Third Party Content") and your own "Submissions" to the Website (as defined below).
Subject to the terms and conditions of this Agreement, you may reproduce and display the Content (excluding any software code) solely for your lawful, personal, private and non-commercial use in connection with viewing the Website and using the Services, provided that you: (i) do not modify, or make any derivative uses of, any of the Website pages or other Content, or any part thereof, (ii) mark any displays or printouts of the Website or Content, or any part thereof, with "© 2008, Modiface, Inc. All rights reserved.", (iii) do not remove or alter any visible or non-visible identification marks, copyright, trademark, proprietary or other notices, or disclaimers contained on or in the Website or Content, (iv) abide by all copyright and other proprietary notices, information and restrictions contained on or in the Website or Content, (v) do not use any data mining, robots or similar data gathering or extraction methods, (vi) do not use the Website or Content other than for its intended purpose, and (viii) do not reproduce, prepare derivative works from, distribute or display the Website or any Content (except for page caching). Your use of the Website does not grant or transfer to you any ownership or other rights in the Website or any Content, and except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring to you or any other person any license under any of Modiface's or any third party's intellectual property rights (whether by estoppel, implication, waiver, or otherwise). Except for your own Submissions, or as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content, or use of any portion of the Website or Content without Modiface's prior written consent.
Modiface, Modiface.com, HairMixer, Hairmixer.com, Liftmagic, Liftmagic.com, AgeTell, AgeTell.com, BeUtify, BeUtify.com and the Dermal Filler Network, are trademarks of Modiface, Inc. All other products, services, brands, company names and logos used on the Website are the trademarks of their respective owners. Any use of any of the marks appearing on the Website without the express written consent of Modiface or the owner of the mark, as appropriate, is strictly prohibited. While certain trademarks of third parties may be used by Modiface under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between Modiface and the owner of said trademark or to imply that Modiface endorses the wares, services or business of the owner of said trademark.
Modiface permits other websites to link to the Website but the framing of the Website or any Content in any form is strictly prohibited. Further, and notwithstanding the foregoing, Modiface reserves the right to cancel and revoke the permission to any party to link to the Website at any time.
By posting, emailing or uploading Submissions to the Website, you grant Modiface a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display such Submissions in relation to the Services; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in and to any Submission; (ii) acknowledge and agree that Modiface is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iii) acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.
Claims of Copyright Infringement
If you believe that material posted on the Website infringes upon any copyright that you own or control, or that any link on the Website directs Users to another website that contains materials that infringe upon any copyright that you hold or control, you may file a notification of such infringement with Modiface to: Director of Content, Modiface Inc., 77 Bloor Street West, Unit 1107 Toronto, Ontario, Canada, M5S 1M2, firstname.lastname@example.org.
Modiface may give notice of a claim of copyright infringement to a User by means of a general notice on the Website, electronic mail to a User's email address, or by written communication sent by first-class mail to a User's address as reflected in Modiface’s records.
Registration and Passwords
Please note that information sent or received over the Internet is generally unsecure and Modiface cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK.
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE SERVICES OR THE WEBSITE. MODIFACE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODIFACE MAKES NO CONDITION, REPRESENTATION OR WARRANTY THAT: THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; THE SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE.
FURTHER, use of any services does not take the place of a consultation with a qualified physician and does not necessarily provide you with a photo realistic after-picture. Any visualization results may differ significantly from an actual operation or procedure and you should apply your own judgment in making use of the visualization tool. For an accurate evaluation, please consult a physician who will recommend treatments for your specific volume amounts, facial structure, age, and/or other factors. Modiface does not endorse or warrant any specific surgical or non-surgical technique, method of treatment, or outcome, and is not engaged in providing medical advice or services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MODIFACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE IN ANY DEGREE OR MISREPRESENTATION) OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE SERVICES (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE WEBSITE OR ANY SERVICES), EVEN IF MODIFACE HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE THAT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS AND THAT SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.
Third Party Sites
The Website may provide links to websites operated by Third Parties ("Third Party Site(s)"). Modiface is an independent operation and does not endorse, and makes no representation or warranty in respect of any Third Party Site or any information, content, product or service available on or through a Third Party Site. You agree that it is your responsibility to review and evaluate all the content on such Third Party Sites, and that any and all risk associated with the use of, or reliance on, any third party information, content, product or service rests with you. When you leave the Website, Modiface’s terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. YOU HEREBY RELEASE MODIFACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY LOSS OR DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR RELIANCE ON OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIRD PARTY SITES.
You agree to defend, indemnify and hold Modiface, its affiliates, suppliers, licensors, co-branders, information providers, service providers, partners, directors, officers, employees, agents, representatives, and their respective successors and assigns, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of any of the provisions of this Agreement, (b) use of, or inability to use, the Website or any of the Services, or (c) use of, reliance on, placement, posting or transmission of, any Services available on or through the Website. Further, you will assist and cooperate as fully as reasonably required by Modiface in the defence of any such claim or demand.
modification and Termination
Please note that the Agreement may be modified from time to time without notice to you, so please check this web page on every visit to the Website. If you breach any provision of this Agreement, you may no longer use the Website. Modiface may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its Services at any time, for any reason, without any notice or liability to you. If this Agreement or your permission to use the Website is terminated for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to or arising from such use. If you are dissatisfied with the Website, any of the Services, or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of Modiface in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services. The Disclaimer, Limitation of Liability, Indemnity, Governing Law, Miscellaneous, Trademarks, Ownership and other applicable provisions in this Agreement shall survive any termination of this Agreement.
and operates the Website from its offices in
This Agreement constitutes the entire agreement between Modiface and you pertaining to your use of the Website and the Services and supersedes any prior agreements between you and Modiface. Modiface's failure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute, or be construed as, a waiver of any right or provision. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Agreement, and such court will replace the original provision with a valid and enforceable provision that will achieve, to the extent possible, the same purposes of the original provision. The balance of this Agreement shall be enforceable in accordance with its terms. You and Modiface are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website. The provisions of this Agreement shall enure to the benefit of, and be binding upon, Modiface and its respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Modiface, which may be withheld in Modiface's sole discretion. Modiface may assign this Agreement and its rights and obligations under this agreement without your consent. Any rights not expressly granted by this Agreement are reserved to Modiface. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
© 2008 Modiface Inc. All Rights Reserved.