Last Updated: January 2014
Your privacy is important to us and we undertake to respect and honor your concerns about maintaining strict privacy.
This Privacy Statement ("Privacy Statement") applies to information collected by and from Sandow Media LLC's ("Sandow," "we," or "us") websites, mobile websites, apps and the like (the “Sandow Properties”). Sandow is committed to protecting the privacy of its users ("Users," or "you"). We have created the following Privacy Statement to give you an overview of the type of information we collect, how the information is used and how the information we collect is safeguarded. Information is collected from Users by Sandow through the use of the Sandow Properties. This privacy statement applies solely to information collected by Sandow.
By visiting and/or using any of the Sandow Properties, you consent to the practices described in this Privacy Statement. If you have questions or concerns regarding this statement, you should contact Sandow by e-mail at firstname.lastname@example.org.
A. WHAT INFORMATION IS COLLECTED?
In order to personalize and improve your experience throughout the Sandow Properties, we collect information about our Users in a variety of ways. In some cases, Sandow asks Users directly for information in order for them to purchase products or use our services, and, in other cases, information is collected automatically as Users use the tools, features and applications provided throughout Sandow Properties. You may choose not to provide certain information, but then you may not be able to purchase products or take advantage of certain features we offer.
The following is a summary of the kinds of information we collect:
1. Active Collection.
Sandow collects certain information either voluntarily or as required in order to register with Sandow or use certain Sandow services or features. This type of information includes:
- Contact information, such as name, company name, mailing address, e-mail address, phone and facsimile numbers.
- Shipping or transaction information, such as billing address and financial information (credit card number and expiration date) if you choose to purchase products offered for sale on one or more of the Sandow Properties.
- Demographic information about the User and/or the User's company/institution.
- Information you enter in forms and optional surveys or contests, such as name and e-mail address.
- Information provided in connection with discussions on bulletin boards, in chat rooms, and in messaging or other interactive services.
- Information provided in e-mail requests and communications.
- Information from other sources. In order to personalize our services by providing better product recommendations or special offers we may think will interest you, we may request and receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily. In addition, we may acquire User names, e-mail addresses and mailing addresses for select mailings from third parties.
If you send us correspondence, such as an email, letter or survey, we may collect such information into a file specific to you. All correspondence, either provided to us or if contained within a customer survey, is deemed the property of Sandow upon receipt.
2. Passive Collection.
Some information is collected automatically while you are using Sandow Properties. It is important to note that Sandow stores this information to ensure its Users receive optimal service while using any of the Sandow Properties. This type of information includes:
- Log Files: Log files information, such as IP addresses, browser type, domain names, number of page views, login frequency, page or section accesses. Log files are used to track user usage and engagement and to gauge the effectiveness of our different services. We use your IP address to help diagnose problems with our server and to administer Sandow Web sites.
- Sandow also uses third parties to provide services to you on behalf of Sandow, and in doing so they may set cookies on the site for functionality such as Live Chat and web analytic services. If you reject these cookies, you may not be permitted to use these features. Also, we use a third party to provide web analytic services which allows Sandow to track website usage statistics and checkout information. For additional information regarding the information made available to third parties by Sandow, see How Does Sandow Use the Information Collected provided below.
For information on how to have your browser disable cookies or provide a warning before accepting a cookie, please refer to the cookie options in your browser's Options or Preferences menu.
- Sandow employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helps us better manage content across our sites by informing us what content is effective and when. We also use clear gifs in our HTML-based e-mails to let us know which e-mails get opened by their intended recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. In addition, clear gifs may be set by third parties to track sales resulting from Internet advertising campaigns and banner advertisements appearing on other web sites. If Users would like to opt-out of these e-mails, they should see the Opt-out section.
B. HOW DOES SANDOW USE THE INFORMATION COLLECTED?
Sandow endeavors to comply with state, local and federal laws regarding the preservation and archiving of information collected. In addition to the uses described elsewhere in this Privacy Statement, Sandow may use the information you provide in the following ways:
- To contact you about our products and services or about your use of the Sandow Properties.
- For marketing and promotional purposes.
- For catalog mailings if you request to receive a catalog.
- To respond to your comments or requests or to request feedback regarding our products or services.
- For billing purposes, to facilitate transactions and to fill User orders in connection with purchases of products offered by Sandow.
- For the specific purpose for which the information was provided.
Sandow operates globally so it may be necessary from time to time to transfer your information internationally. In particular, a User’s information will likely be transferred to and processed in the United States where many of our central databases operate. The data protection and related laws of other countries, such as the United States, may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using the Sandow Properties, you consent to your information being collected, used and transferred as set forth in this Privacy Statement.
C. HOW DOES SANDOW COMMUNICATE WITH USERS?
Sandow communicates with its Users when it has new products or services it feels are of special interest to you. Unless you opt-out of communications from Sandow, you will receive the following types of communications:
- Special Offers and Updates. Users will occasionally receive information on products, services and special deals or coupons from Sandow and its partners. Out of respect for the privacy of our Users, we present the option to not receive these types of communications. Please see the Choice/Opt-out section.
- User Care. We communicate with Users on a regular basis to provide requested services and in regards to issues relating to their account.
- Refer a friend. If a User elects to use our referral service for informing a friend about our site(s), we ask them for the friend's contact information. Sandow will automatically send the friend an e-mail inviting him/her to visit the recommended site(s). Sandow maintains this information for the purpose of sending e-mails and tracking the success of our referral programs. The friend may contact Sandow to request the removal of this information from our database by sending an e-mail requesting removal to email@example.com.
D. WHAT INFORMATION IS SHARED WITH THIRD PARTIES?
Information that we collect about our Users is an important aspect of our business. Sandow discloses information you provide to us with third parties as generally described below.
- We will share your information with independent contractors, service providers and consultants who assist us in our business or in providing Users with goods or services. However we will only share such personally identifiable information, as we deem necessary for them to carry out their obligations to Sandow. Third parties are obligated to only use and/or disclose your personally identifiable information for the purpose for which Sandow disclosed the information to them, and no other purpose.
- We share aggregated, non-personally identifiable, demographic information with independent contractors, service providers, consultants, advertisers and other partners for purposes of market research, to advance our initiatives, to establish collaborative undertakings, and more.
- Sandow investors receive reports on the number of Users, items purchased, page views, logins, etc. They do not receive any personally identifiable information.
- In the event that Sandow goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, Users' personal information generally is one of the transferred business assets. For more information, see our Notification of Changes section below.
- Sandow will disclose personal information if necessary to fulfill our service obligations or if required to do so by law or if, in our good faith judgment, such action is reasonably necessary to comply with a current judicial proceeding, a court order or legal process served on Sandow, to respond to any claims, or to protect the rights of Sandow, its Users and the general public.
The security, integrity and confidentiality of your information are extremely important to us. Sandow has implemented technical, administrative and physical security measures that are designed to protect User information from unauthorized access, disclosure, use and modification. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
Sandow may offer links to other Web sites. Please be aware that Sandow is not responsible for the privacy practices of such linked sites, including sites of our partners. We encourage our Users to be aware of this when they leave any of the Sandow Properties and to read the privacy statements of each and every Web site that collects personally identifiable information.
G. SURVEYS AND CONTESTS
From time to time, our sites request information from Users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name, email address, shipping address, etc.) and demographic information. The same contact information provided will be used to notify the winners (i.e., false information may result in Sandow’s inability to notify a winner accordingly). Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of Sandow Web sites.
None of the Sandow Properties are directed at children, and Sandow does not sell products or services for purchase by children. We may, however, sell children's products for purchase by adults. If you are under the age of 18, you may use Sandow Web sites only with the involvement and authorization of a parent or guardian. Parents, please monitor your children’s use of the Internet.
I. CHOICE/OPT OUT
Sandow gives Users the ability to opt-out of receiving future communications. To opt-out of email communications, follow the "un-subscribe" links included at the bottom of email communications or send an email to firstname.lastname@example.org.
J. NOTIFICATION OF CHANGES
Sandow reserves the right to make changes to the Privacy Statement at any time. If we plan to make significant and material changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we will post those changes to www.sandow.com/privacy 30 days before they take effect so our Users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Please review our Privacy Statement periodically to see recent changes.
K. ADDRESSING PRIVACY & SECURITY CONCERNS
If you have any questions about this Privacy Statement, the practices or your dealings with any Sandow Properties, or if you wish to receive a printed version of this Privacy Statement, please contact us:
Sandow Media, LLC
3651 NW 8th Avenue
Boca Raton FL 33431
L. NOTICE TO CALIFORNIA RESIDENTS
Sandow Media, LLC
3651 NW 8th Avenue
Boca Raton FL 33431
Attention: Peter Fain, Chief Operating Officer
In your request, please specify the particular product, service and site within the Sandow Properties to which your request or inquiry pertains.
Sandow Media sites typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on Sandow Media sites include:
- Images licensed from photographic archive vendors
- Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
- Images commissioned by Sandow Media
- Thumb-nail images of 150x150 pixels or less
- Images used to illustrate a newsworthy story under the Fair Use doctrine
- Images where the use is transformative, such as for satire
- Images so widely distributed on the internet that they are deemed to have become part of the public domain
If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (561) 750-0151 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!
To enable us to address your concerns, please provide the following information:
- For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
- Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
- Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,
OR, absent such registration,
- a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
- Evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the document and fax it to:
(561) 338-8256, Attn: Sandow Media - Legal / DMCA Complaints
OR email it to:
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. In this case, the company agreed to pay in excess of $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
We also reserve the right to publish your letter on the site(s).
External Links Disclaimer
Sandow Media Sites routinely contain links to external, third party websites. By providing links to other sites, Sandow Media does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the GM Site in question.
Sandow Media does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to Sandow Media Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Sandow Media reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- "Stalk" another;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Sandow Media official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Sandow Media is not responsible for material submitted to Sandow Media or posted to the Web Site by users. Sandow Media does not pre-screen, monitor, review or edit the Content posted by users. However, Sandow Media and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Sandow Media's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Sandow Media is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Sandow Media. You agree to immediately notify Sandow Media of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Sandow Media may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sandow Media, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Sandow Media assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to SandowMedia.com.
Any or all Content on the Web Site may be purged periodically in Sandow Media sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Sandow Media or submitted to Sandow Media, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Sandow Media, and Sandow Media does not support or endorse Content (including any Contribution, whether or not edited by Sandow Media or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.
Restrictions on Use of Material
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, Sandow Media does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Sandow Media mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Sandow Media, will be deemed not to be confidential or secret. By submitting or sending information or other material to Sandow Media you represent and warrant that the information is original to you and that no other party has any rights to the material.
User's Grant of Limited License
By communicating with Sandow Media, including submitting or sending Content, a Contribution or other information or material to SandowMedia.com, you grant Sandow Media the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Sandow Media feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Sandow Media. You also warrant that any "moral rights" in posted materials have been waived.
Contests, Promotions, Simulations or Games
From time to time, Sandow Media may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Sandow Media. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Sandow Media, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Sandow Media and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. Sandow Media is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Sandow Media is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
Sandow Media reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of Sandow Media and its affiliates or licensors. As between Sandow Media and you, Sandow Media is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web Site is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Sandow Media, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Sandow Media may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SANDOW MEDIA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. SANDOW MEDIA DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
SANDOW MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT SANDOW MEDIA OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL SANDOW MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF SANDOW MEDIA OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SANDOW MEDIA, LLC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Sandow Media, you agree to defend, indemnify and hold Sandow Media, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Sandow Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sandow Media in asserting any available defense.
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Sandow Media,.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
(Contact only for copyright matters. For all other
contact us here.)
3731 NW 8th Ave
Boca Raton, FL 33431
Applicable Laws / Jurisdiction
You agree that the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sandow Media or relating in any way to your use of the Web Site resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida, in connection with any such dispute and including any claim involving Sandow Media or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in Boca Raton, Florida. We do not represent that materials on the site are appropriate or available for use outside of Boca Raton, Florida. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to our contact form.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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NewBeauty (ISSN 1556-4878) NewBeauty™ magazine is published by NewBeauty Media Group LLLP, a subsidiary of Sandow Media Corporation. NewBeauty™ magazine ("NewBeauty") provides information of a general nature about all forms of cosmetic enhancement including but not limited to plastic surgery, cosmetic dermatology and cosmetic dentistry. The information contained in this publication is provided with the understanding that neither NewBeauty nor its affiliates are engaged in rendering medical services, advice or recommendations. Any information contained within this publication should not be considered a substitute for consultation with a licensed physician. Though NewBeauty uses its best efforts to ensure the scientific accuracy of the information it publishes, it is not possible to ensure that all information provided within this magazine is entirely accurate and up-to-date and impossible to determine whether it would apply to or be effective for any particular individual in each or any instance. NewBeauty Media Group LLLP, Sandow Media Corporation, its affiliates, employees, contributors, writers, editors and its Editorial Board of Advisors ("Publisher") accept no responsibility for inaccuracies, errors or omissions with information and/or advertisements contained herein. The Publisher has neither investigated nor endorsed the individual doctors, companies and/or products ("Advertiser") that advertise within the publication or are mentioned editorially. Publisher assumes no responsibility for the claims made by the Advertisers or the merits of their respective products or services advertised or promoted in NewBeauty. Publisher neither expressly nor implicitly endorses such Advertiser products, services or claims, nor vouches for the accuracy of their effectiveness. Publisher expressly assumes no liability for any damages whatsoever that may be suffered by any patient, purchaser or user for any products or services advertised or mentioned editorially herein and strongly recommends that any prospective patient, purchaser or user investigate such products, services, methods, and/or procedures and the claims made thereto. Opinions expressed in the magazine and/or its advertisements do not necessarily reflect the opinions of the Publisher. Neither the Publisher nor its staff, associates, affiliates and/or its Editorial Advisory Board Members, are responsible for any errors, omissions or information whatsoever that have been misrepresented to Publisher. Laws vary from state to state, and if medical advice or other expert assistance is required, the services of a competent professional should be sought. The ideas, products and overall content of this magazine or any other medical issues should never be followed without first consulting a licensed health care professional. When choosing a doctor for a prospective procedure, consumers should always check with their state and local authorities to ensure the professional is practicing within the legal boundaries of his/her particular state. The information on products and services as advertised in NewBeauty are shown by Publisher on an "as is" and "as available" basis. Publisher makes no representations or warranties of any kind, expressed or implied, as to the information, services, contents, trademarks, patents, materials, or products included in this magazine. You expressly agree that your use and of the information contained in NewBeauty is at your sole risk. To the full extent permissible by applicable law, Publisher disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Publisher will not be liable for any damages of any kind arising from the use of these products or services advertised and/or promoted in NewBeauty including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Certain state 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 of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Be advised that some of the medical providers throughout this publication have furnished consideration to NewBeauty magazine and/or its affiliates for advertising in the form of display advertising or paid advertorials some of which may be featured within the magazine. Publisher neither endorses nor makes warranties of any kind, either expressed or implied, regarding the quality, accuracy, ethics or validity of the information about or by the health care provider(s), his or her services and/or statements contained within the publication. We strongly advise you to check with your local state medical licensing boards prior to any consultation with any medical practitioner. All pictures reproduced in NewBeauty have been accepted by Publisher on the condition that such pictures are reproduced with the knowledge and prior consent of the photographer and any model concerned. As such, Publisher is not responsible for any infringement of the copyright or otherwise arising out of any publication in NewBeauty. Photographs of any model in NewBeauty in no way suggest or imply that the subject has undergone any cosmetic enhancement procedure. NewBeauty™ is a licensed trademark of NewBeauty Media Group LLLP. © 2006 NewBeauty Media Group LLLP. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without the written permission of the Publisher.