Last updated May 31, 2020
AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
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FEES AND PAYMENT
We accept the following forms of payment: - Visa - Mastercard - American Express - Discover - PayPal You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Pounds. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We may offer free trial to new users who register with theSite. The account will be charged according to the user’s chosen subscription at the end of the free trial.
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at email@example.com
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or makingContributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works ,such Contributions, and grant and authorise sub licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to theSite and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize anyContributions to place them in more appropriate locations on the Site; and (3)to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access yourThird-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicableThird-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable)any content that you have provided to and stored in your Third-Party Account(the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-PartyAccount. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if aThird-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.You will have the ability to disable the connection between your account on theSite and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions ,ideas, feedback, or other information regarding the Site("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
COPYRIGHT INFRINGEMENTS We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyrightyou own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
These conditions are governed by and interpreted following the lawsof the United Kingdom, and the use of the United Nations Conventionof Contracts for the International Sale of Goods is expressly excluded. If yourhabitual residence is in the EU, and you are a consumer, you additionallypossess the protection provided to you by obligatory provisions of the law ofyour country of residence. Viewlabs Ltd and yourself both agree tosubmit to the non-exclusive jurisdiction of the courts of London, whichmeans that you may make a claim to defend your consumer protection rights inregards to these Conditions of Use in the United Kingdom, or in theEU country in which you reside.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOUAND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OFA PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOUOR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. SUBJECT TO OVERALL PROVISION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIEWLABS, ITS AFFILIATES, AND ITS LICENSORS SHALL NOTBE LIABLE TO YOU FOR: A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; B. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, SPONSOR OR AFFILIATE WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) YOUR FAILURE TO PROVIDE VIEWLABS WITH ACCURATE ACCOUNT INFORMATION; (III) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; B. THE PARTIES TO THESE TERMS HAVE EACH AGREED TO THE FEES AND ENTERED INTO THEM IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES.14.2. THE LIMITATIONS ON VIEWLABS LIABILITY SHALL APPLY WHETHER OR NOT VIEWLABS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.14.3 FURTHER TO THE ABOVE, VIEWLABS, ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE OF PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR CONTROL (FORCE MAJEURE).14.4 YOU AGREE THAT THE AGGREGATE LIABILITY OF VIEWLABS AND AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUTOF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO VIEWLABS FOR THE USE OF THE SERVICES DURING THE TERM OF ONE YEAR PRIOR TO THE DATE OFTHE CLAIM, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST VIEWLABS AND AFFILIATES AND SHALL CONSTITUTE THE LIQUIDATED DAMAGES.
INDEMNITY FOR THIRD PARTY CLAIMS
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD VIEWLABS, ITS PARTNERS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND LICENSORS ("THE INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY CLAIM OR LIABILITY ARISING OUT OF (A) ANY CLAIM BY ANY PERSON WHOM YOU HAVE TREATED AND WITH WHOM YOU MAY HAVE USED THE SERVICES, ARISING OUT FROM EITHER (i) ANY ALLEGED BREACH IN THE PERSONAL DATA COLLECTION, STORAGE, PROCESSING, TRANSFER, USE AND PROTECTION APPLICABLE REGULATIONS OR POLICIES OR (ii) ANY ALLEGED MEDICAL MALPRACTICE, INCLUDING ANY CLAIM FOR AN UNSATISFACTORY OUTCOME OF ANY SURGICAL OR NON-SURGICAL TREATMENT OR PROCEDURE WHATSOEVER AFTER USING THE SERVICES; OR(iii) ANY CONTENT YOU SUBMIT, SHARE, UPLOAD, POST OR DISPLAY ON OR TO THE SERVICES; (B) ANY BREACH OF OR NONCOMPLIANCE WITH ANY REPRESENTATION, WARRANT YOR OBLIGATION IN THESE TERMS. YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. VIEWLABS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. YOU ACKNOWLEDGE THAT DAMAGES FOR IMPROPER USE OF THE SERVICES MAY BE IRREPARABLE;THEREFORE, VIEWLABS IS ENTITLED TO SEEK EQUITABLE RELIEF, INCLUDING INJUNCTION AND PRELIMINARY INJUNCTION, IN ADDITION TO ALL OTHER REMEDIES.
DATA & USERS
Viewlabs is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and ancillary characteristics of the Services which Viewlabs provides may change from time to time without prior notice.You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions(including any laws regarding the export of data or software to and from the relevant countries).You acknowledge being solely responsible for the manner in which you use the Services provided by Viewlabs and/or present these to third parties. If you receive End User’s ‘Personal Data’ you shall process such Personal Data with the highest level of confidentiality and shall not make this information public in any form or share this information without the express consent of the relevant Data. Furthermore, you hereby certify that any and all Personal Data you receive which is requested to be deleted or transferred to a third party by the relevant Data Subject of the data will indeed be fully and permanently removed from your files and records.Should your use of the Services involve accessing your account with login details, such as but not limited to a username and password, you hereby certify that you will not share your login details, let anyone else access your account, or do anything else that might jeopardize the security of your account. You agree and understand that you are responsible for maintaining the confidentiality of login details associated with any account you use to access the Services.If you become aware of any unauthorized use of your password or of your account, you agree to notify Viewlabs immediately by sending an email to firstname.lastname@example.org “Personal Data” means any information relating to an identified or identifiable natural person (or “Data Subject”), in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person such as health records, personal information, images, identification, photos, contact details, of any Data Subject. Viewlabs provides the Services and, as such, Viewlabs controls your Personal Data when you directly sign up as an aesthetics professional. In this sense, in order to access certain Services, you will be required to provide information about yourself that may include Personal Data(such as identification, professional, billing or contact details) as part of the registration process for the Service, or as part of your continued use of the Services.Besides, you will be able to provide us with EndUser’s Personal Data while using the Services. You will be the data controller of such End User’s Personal Data and we will be a data processor.You may invite EndUsers to join the Services. In such a case we will still act as a data processor. You will always decide the scope and length of the access to theServices that an invited End User may enjoy. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
WAIVER OF CLAIMS, REMEDIES & INDEMNITY
You agree to be solely responsible for using theServices and for the accuracy and adequacy of information and data furnished for the use of the Services.In light of the provisions of this clause, you agree to provide a full indemnity to Viewlabs in the terms set forth. This provision shall survive termination of your agreement with Viewlabs. You agree that Viewlabs may provide you with notices by email, regular mail, or postings on the Services.You agree to be solely responsible for using theServices and for the accuracy and adequacy of information and data furnished for processing.You agree that you will be solely responsible for any diagnosis, surgery and any other treatment or services you provide, and that you shall not rely on the Services for these purposes; any reliance by you upon the Services shall not diminish that responsibility.You acknowledge and agree that the Services do not provide any diagnosis or medical advice but merely provide for a tool to assist you in your practice as a licensed physician or aesthetic professional and that the use of the Services does not in any manner whatsoever replace or diminish your duties and liabilities as such. Furthermore, you agree to inform any third party with whom you may use the Services provided by Viewlabs, that theServices provided by Viewlabs do not provide any diagnosis, medical advice or warranty of surgical results, but rather serve for informational purposes only.You also agree to inform such third party that if the use of the Services, that Viewlabs cannot guarantee the results nor the accuracy of the simulation or augmented reality generated or provided by Viewlabs, directly or indirectly, are for visualizations and illustrative purposes only, and are not a substitute for a consultation with a qualified physician or professional and do not provide any diagnosis or medical advice.You acknowledge and agree that the Services serve visualisation and illustration purposes only and do not endorse or warrant any outcome. Any additional options such as online ordering but not limited as such are only designed to facilitate the consultation. Any surgery decision including as well but not limited to any medical product are solely based on your professional opinion, and you confirm that Viewlabs has no responsibility for any act or decision of any kind.In light of the provisions of this section, you agree to provide a full indemnity to Viewlabs in the terms set forth. This provision shall survive termination of your legal agreement with Viewlabs.
CONTENT IN THE SERVICES
You understand that all information (such as data files, written text, computer software, audio files, photographs, videos or images) which you may have access to as part of, or through your use of, theServices are the sole property of the person from which such content originated. All such information is referred to below as the “Content”.You agree that you are solely responsible for (and that Viewlabs has no responsibility to you or to any third party for) anyContent that you create, transmit or display in any shape or form while using the Services and for the consequences of your actions by doing so. This Content includes, but is not limited to, the simulation and augmented reality provided by Viewlabs services, as well as, the tools provided by Viewlabs, such as customisable websites, videos, press releases, brochures, personalized advertisements, web banners and logos. You therefore acknowledge that you are solely accountable in your local jurisdiction for your use of any and allContent made available to you by Viewlabs and that you have the authority and right to use the Content in the manner in which the content is used. This also applies if you use the Content on material, websites, or any other form of display, that you may not be the rightful owner of.If your use of the Services implies requesting Viewlabs to create, transmit or display any Content for you or on your behalf, Viewlabs cannot guarantee the outcome, accuracy or quality, however subjective it may be, and you certify, and certify on behalf of the relevant Data Subject of the PersonalData used to create, transmit or display the Content, that the Content Viewlabs may provide is ‘as is’ and without any warranty of the results.You hereby certify that any and all Content provided by you is accurate and you will not provide any false information or create an account for anyone other than yourself without permission.
You acknowledge and agree that Viewlabs (or Viewlabs licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services(whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Viewlabs and that you shall not disclose such information without Viewlabs prior written consent.
Viewlabs gives you a personal, non-assignable and non-exclusive license to use, in your jurisdiction, the software provided to you by Viewlabs as part of the Services (referred to as the “Software” below).This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Viewlabs, in the manner permitted by theTerms.You may not (and you may not permit anyone else to)copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof unless you have been specifically told that you may do so by Viewlabs, in writing.You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. Viewlabs may make changes to the Universal Terms or Additional Terms from time to time. We therefore encourage you to visit this page occasionally to ensure you are aware of the updated version.
Viewlabs cannot be held responsible for how this physician or aesthetic professional or healthcare provider or other third party processes the Personal Data SIMULATIONS & AUGMENTED REALITY IS NOT REALITYIf your use of the Services involves receiving, viewing or obtaining simulations & augmented reality with objective to represent the outcome of an aesthetic change to your person, you hereby acknowledge that Viewlabs cannot guarantee the delivery of results nor the accuracy of the simulations& augmented reality, if such simulations & augmented reality should be delivered or provided. Furthermore the results of the simulations &augmented reality may depend on, or may not even be compatible with, the quality and characteristics of the photos provided as well as the physical or anatomical characteristics or conditions of the subject or person captured in the photos, which Viewlabs has no control over.You acknowledge being aware that the simulations& augmented reality generated or provided by Viewlabs, directly or indirectly, are for visualisation and illustrative purposes only, and are not a substitute for a consultation with a qualified physician and do not provide any diagnosis or medical advice. If you are considering an aesthetic procedure you should consult a qualified physician or professional. The provision of simulations & augmented reality by Viewlabs does not endorse or warrant any specific surgical or non-surgical technique, method of treatment, or outcome. Viewlabs is not engaged in providing medical advice or services. Final results of a procedure may vary significantly from what is portrayed in the simulations & augmented reality.If you have been invited as an end user by an aesthetics professional, we will act as a data processor and the aesthetics professional will always decide the scope and length of the access to the Services that you may enjoy
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT VIEWLABS WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BYLAW.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OFTHE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "ASIS" AND “AS AVAILABLE.”YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIEWLABS DOES NOT WARRANT ANY PRODUCTS, INCLUDING MEDICAL PRODUCTS AND, OR ANY SERVICES PROVIDED TO YOU BY AFFILIATES ON BEHALF OR THROUGH VIEWLABS ITSELF.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
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PRIVACY & SECURITY POLICY
Last updated 30th May 2020
Viewlabs provides the Services and, as such, Viewlabs controls your personal data when you directly sign up with us either as an enduser or as aesthetics professional. However, we will not be the data controller of your personal data if you are invited as an end user to join directly from aesthetics professional. In such a case, we will act as data processor being the relevant aesthetics professional the data controller of your personal information and, therefore, such aesthetics professional will decide the scope and length of the access to the Services that you may enjoy. However, we will implement the same technical or organizational security measures to protect your personal data in both scenarios (i.e., data controller/data processor).TrueDepth API and Camera APIs data is only used to track user's facial mapping information, necessary for Face-based AugmentedReality experiences. We do not collect, store or share with third-parties data used by ARKit, TrueDepth API, Camera APIs, Photo APIs, or other software for depth of facial mapping information. Viewlabs is committed to secure its data, and takes all measures to keep the highest level of security available today. When you access our site or app, your information is protected using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registeredUsers in your organization. Such encryption is implemented in both communication and storage. Viewlabs provides each User in your organization with a unique user name and password that must be entered each time a User logs on. Viewlabs issues a session "cookie" only to record encrypted authentication information for the duration of a specific session. The session"cookie" does not include either the username or password of the user. Viewlabs does not use "cookies" to store other confidential user and session information, but instead implements more advanced security methods based on dynamic data and encoded session IDs. 1.
WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when registering at the expressing an interest in obtaining information about us or our products and services, when participating in activities on the (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.The personal information that we collect depends on the context of your interactions with us and the choices you make and the products and features you use. The personal information we collect can include the following: All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our platform.We automatically collect certain information when you visit, use or navigate the platform.This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as yourIP address, browser and device characteristics, operating system, language p references, referring URLs, device name, country, location, information about how and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our internal analytics and reporting purposes.Like many businesses, we also collect information through cookies and similar technologies.
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations.
4. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.Our servers are located in.
5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.
6. HOW LONG DO WEKEEP YOUR INFORMATION?
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the platform, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the . If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at email@example.com
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FORDO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California CivilCode Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.If you are under 18years of age, reside in California, and have a registered account, you have the right to request removal of unwanted data that you publicly post. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed but please be aware that the data may not be completely or comprehensively removed from our systems.
11. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at: firstname.lastname@example.org
HOW CAN YOU REVIEW,UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request. We will respond to your request within 30 days.