Terms and Conditions of Use
Welcome to SimplyDerm.com.
SimplyDerm.com supports freedom of speech, both on and off the Internet and strives to provide access to a wide selection of information and merchandise through the Internet. To ensure a safe, non-offensive environment for all of our users, we have established our Terms and Conditions. It spells out what you can expect from us and what we expect from you. By accessing any areas of SimplyDerm.com (including access through a mobile platform), users (“Users” or “you”) agree to be legally bound and to abide by the terms set forth below, and by all terms, policies and guidelines incorporated by reference. SimplyDerm.com is owned and operated by Simply Dermatology PLLC. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE. YOUR ORDER PLACED ON THIS WEBSITE FOR ANY PRODUCT OR SERVICE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. Any references herein to SimplyDerm.com shall be deemed to refer to SimplyDerm.com and/or Simply Dermatology PLLC. User acknowledges and agrees that these Terms and Conditions shall apply for access to our website or our data, facilitated through the use of any app, or through any mobile device or platform.
SimplyDerm.com is a service mark of Simply Dermatology PLLC and its affiliates. Dr. Papantoniou and Simply Dermatology are each registered trademarks of Simply Dermatology PLLC. All rights reserved. These and other SimplyDerm.com graphics, logos, slogans, service names, service marks and trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Simply Dermatology PLLC or its affiliates, as the case may be. You may not use metatags or any other “hidden text” utilizing “Simply Dermatology,” “SimplyDerm.com,” “Dr. Papantoniou” or any other name, service mark, trademark or product or service name of Simply Dermatology PLLC without our prior written permission. All other trademarks, product names, and company names and logos appearing on SimplyDerm.com are the property of their respective owners.
A. PROPRIETARY RIGHTS
User acknowledges that SimplyDerm.com contains information, data, software, photographs, graphs, videos, books, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Simply Dermatology PLLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section II.A above, User may upload to or otherwise distribute on SimplyDerm.com only Content that is not subject to any copyright or other proprietary rights protection, or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Simply Dermatology PLLC, its affiliates, nor any of their respective officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to SimplyDerm.com at the following email address: support@SimplyDerm.com. By submitting Content to any area of this website, including without limitation any product reviews or participation in any blogs and social media platforms or widgets, user automatically grants, or warrants, that the owner of such Content has expressly granted Simply Dermatology PLLC and SimplyDerm.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on SimplyDerm.com retains any and all rights which may legally exist in such Content.
C.C. THIRD-PARTY CONTENT
Simply Dermatology PLLC is a distributor and not a publisher of Content supplied by third parties and Users. SimplyDerm.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of SimplyDerm.com, are those of the respective authors or distributors and not of Simply Dermatology PLLC or its affiliates or any of their officers, directors, employees or agents. Neither SimplyDerm.com nor its affiliates, nor any of their officers, directors, shareholders, members, employees or agents, nor any third party, including any Provider, or any other User of SimplyDerm.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through SimplyDerm.com represents the opinions and judgments of the respective Provider or User not under contract with SimplyDerm.com. Simply Dermatology PLLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SimplyDerm.com by anyone other than authorized Simply Dermatology PLLC employees. Under no circumstances shall Simply Dermatology PLLC, its affiliates, or any of their respective officers, directors, shareholders, members, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through SimplyDerm.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through SimplyDerm.com. Any Materials provided by Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Simply Dermatology PLLC.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from SimplyDerm.com to either a foreign national or a foreign destination in violation of such laws.
E. THIRD PARTY INTERACTIONS
During use of SimplyDerm.com, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Simply Dermatology PLLC shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. SimplyDerm.com provides these links to you only as a matter of convenience, and in no event shall Simply Dermatology PLLC be responsible for any content, products, or other materials on or available from such websites. Simply Dermatology PLLC provides products to you pursuant to the terms and conditions of these Terms and Conditions. You recognize, however, that certain third-party providers of ancillary content, software, products or services may require your agreement to additional or different license or other terms prior to your use of or access to such content, software, products or services.
III. ONLINE CONDUCT
User agrees to use SimplyDerm.com only for lawful purposes. User is prohibited from posting on or transmitting through SimplyDerm.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Simply Dermatology PLLC is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by a User (e.g., through an online review , social media post or blog post), Simply Dermatology PLLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from SimplyDerm.com. Simply Dermatology PLLC may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate SimplyDerm.com; or (iii) to protect the rights or property of Simply Dermatology PLLC, its Users or Providers.
Simply Dermatology PLLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, SimplyDerm.com, the communities that make up SimplyDerm.com, or any rights of Simply Dermatology PLLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Simply Dermatology PLLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Simply Dermatology PLLC, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on SimplyDerm.com.
Simply Dermatology PLLC reserves the right to modify its general and medical privacy policies in its reasonable discretion from time to time.
V. TERMINATION OF USAGE
Simply Dermatology PLLC may terminate User’s access, or suspend User’s access to all or part of SimplyDerm.com, without notice, for any conduct that Simply Dermatology PLLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or Simply Dermatology PLLC.
VI. USAGE BY CHILDREN UNDER 13
Simply Dermatology PLLC cannot prohibit minors from visiting SimplyDerm.com. Simply Dermatology PLLC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. SIMPLY DERMATOLOGY PLLC REQUIRES THAT ALL PURCHASES BE MADE BY INDIVIDUALS 13 YEARS OF AGE OR OLDER. EACH TIME YOU PURCHASE A PRODUCT AT SIMPLYDERM.COM OR ACCESS CONTENT ON SIMPLYDERM.COM, YOU ARE REPRESENTING TO SIMPLY DERMATOLOGY PLLC THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of SimplyDerm.com is at User’s sole risk. Neither Simply Dermatology PLLC, its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that SimplyDerm.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of SimplyDerm.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through SimplyDerm.com.
THIS WEBSITE IS PROVIDED BY SIMPLY DERMATOLOGY PLLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMPLY DERMATOLOGY PLLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. SIMPLY DERMATOLOGY PLLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SIMPLY DERMATOLOGY PLLC’S PRODUCTS OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ANY PRODUCT OFFERED BY SIMPLY DERMATOLOGY PLLC IS WARRANTED ONLY TO THE EXTENT OF THE APPLICABLE WARRANTY CONTAINED WITH THE PRODUCT DOCUMENTATION OR ON THE PRODUCT DESCRIPTION PAGE. EXCEPT AS EXPRESSLY STATED HEREIN, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLY DERMATOLOGY PLLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLY DERMATOLOGY PLLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SIMPLY DERMATOLOGY PLLC, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCE SHALL SIMPLY DERMATOLOGY PLLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SIMPLY DERMATOLOGY PLLC CONTENT, SERVICES OR PRODUCTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE SIMPLYDERM.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SIMPLYDERM.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SIMPLYDERM.COM’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL SIMPLY DERMATOLOGY PLLC’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE USER FOR ANY PRODUCT, CONTENT OR SERVICE PURCHASED THROUGH SIMPLYDERM.COM, AND THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS AND SERVICES AVAILABLE THROUGH SIMPLYDERM.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. APPLICABLE LAW
The laws of the State of New York will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Simply Dermatology PLLC reserves the right to make changes to its website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of Nassau, and of the United States of America located in the State of New in the United States District Court of the Eastern District of New York, for any litigation arising out of or relating to use of or purchase made through SimplyDerm.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of New York, and agrees not to plead or claim in any court of the State of New York that such litigation brought therein has been brought in an inconvenient forum. User hereby agrees that he or she may only resolve disputes with Simply Dermatology PLLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
User agrees to defend, indemnify and hold harmless Simply Dermatology PLLC, its subsidiaries, affiliates, shareholders, members, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content that you post, store or otherwise transmit on or through SimplyDerm.com, your conduct, your use or inability to use the website, your breach or alleged breach of the Terms and Conditions or of any representation or warranty contained herein, your unauthorized use of the Content or any product, or your violation of any rights of another.
X. MODIFICATION TO TERMS
Simply Dermatology PLLC reserves the right to modify the terms and conditions of these Terms and Conditions or its policies relating to its products and services at any time, effective upon posting of an updated version of these Terms and Conditions on the www.DrPapantoniou com website. User is responsible for regularly reviewing these Terms and Conditions. Continued use of the www.DrPapantoniou com website after any such changes shall constitute User’s consent to such changes.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Simply Dermatology PLLC.
The Terms and Conditions, including all documents referenced herein, represent the entire understanding between User and Simply Dermatology PLLC regarding your relationship with Simply Dermatology PLLC, and supersede any prior statements or representations. USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS by using the SimplyDerm.com website. The aforementioned Terms and Conditions are subject to change at any time without notice to User.
Content found on SimplyDerm.com or through any mobile app or mobile platform is for informational purposes only. We are not responsible for any damage or injury that may result from the products and services provided by Simply Dermatology PLLC. If you engage in any activities in which you use or utilize the products or services provided by Simply Dermatology PLLC, you hereby agree that you do so at your own risk and are voluntarily participating in such activities. Simply Dermatology PLLC cannot and does not ensure your safety. Each User, regardless of experience, has final responsibility for his or her own safety.
XII. QUESTIONS AND CONTACT INFORMATION
Questions or comments about these Terms and Conditions may be directed to Simply Dermatology PLLC at support@SimplyDerm.com, or by regular mail to Simply Dermatology PLLC, 900 Walt Whitman Road, Suite 101, Melville, NY 11747.