PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to SpaScene! As used herein, the phrase “this Site” refers to any sites on the World Wide Web originating in the United States that are owned and/or operated by Groovy Girl™ Publishing, Inc. (“Groovy Girl”) dba SpaScene (“SpaScene”). By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.
Groovy Girl reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, by electronic or conventional mail, or by any other means by which notice is thereby given. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
Groovy Girl may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. Groovy Girl may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
1. OWNERSHIP. The contents of this site (including but not limited to text, articles, graphics, photographs, images, illustrations, logos, icons, software, audio clips and video clips; collectively, "Web Site Content") are protected under United States and foreign copyright, trademark, and other proprietary laws. The compilation (meaning the collection, arrangement and assembly) of all Web Site Content is also protected under United States and foreign copyright, trademark and other proprietary laws. Unauthorized use of the Web Site Content may violate such laws. All Web Site Content is the property of Groovy Girl, its content suppliers or its affiliates and partners. “SpaScene” and “Groovy Girl” are trademarks of Groovy Girl Publishing, Inc. Except as set forth in paragraph 2 below, nothing contained in this site should be construed as granting any license or other right to use any such Web Site Content without the written permission of Groovy Girl or such other third party that may own the rights to such Web Site Content. You may download and print one (1) copy of the Web Site Content onto a single computer for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or printing. Except as specifically noted above, you may not reproduce, transmit, publish, distribute, display, modify, create derivative works from, sell or participate in any sale, or exploit in any way, in whole or in part, any of the Web Site Contents or the site or any Web site owned, operated, licensed, or controlled by Groovy Girl.
All trademarks, service marks, and trade names are proprietary to Groovy Girl or the other designated owner of a posted mark. Elements of this Site are protected by other laws and may not be copied or imitated in whole or in part.
2. LIMITED LICENSE. By this User Agreement, and subject to the terms and conditions of this User Agreement, you are granted a limited, non-exclusive and non-transferable license to the extent necessary and required to use the software and documentation necessary to access, explore and otherwise use this Web site.
3. USE OF SITE. You are free to use our site for information purposes as set forth above. You may only use our site to legitimately purchase products and/or make spa reservations if you are of sufficient legal age and can enter into binding contracts. You may not use our site: to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand; to purchase any product you can not or do not intend to pay for; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate any law; to transmit any virus, bug or other harmful item; in any manner that infringes the rights of others or violates their privacy or publicity rights; in violation of any copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right; in any manner that is designed to interfere with the proper working of this site or any activity being conducted on this site; in any manner that imposes an unreasonable or disproportionately large load on this site's infrastructure; in connection with the use of any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our site other than the search engine and search agents available from SpaScene and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this site. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
4. AGE AND RESPONSIBILITY. You are responsible for maintaining the confidentiality of your account information, your password and your login information. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
6. REVIEW OF TRANSMISSIONS. Groovy Girl may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Groovy Girl deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Groovy Girl and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Groovy Girl takes no responsibility and assumes no liability for any content posted or submitted by you.
7. MEDICAL DISCLAIMER. SPASCENE IS NOT A MEDICAL REFERRAL SERVICE, AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND. SPASCENE DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THIS WEB SITE NOR ANY OF THE INFORMATION CONTIANED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SUBSTITUE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. SPA FINDER (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE WEB SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, SPASCENEADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSION BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.
8. EXCLUSION OF WARRANTY. GROOVY GIRL (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. GROOVY GIRL DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. GROOVY GIRL AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER GROOVY GIRL OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANTS THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM SPASCENE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. GROOVY GIRL (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL GROOVY GIRL (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY GROOVY GIRL OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL GROOVY GIRL BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
If, notwithstanding the foregoing, Groovy Girl or any third party provider, partner or affiliate should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Groovy Girl and the third party providers, partners and affiliates shall in no event exceed US$100.00. In its sole discretion, in addition to any other rights or remedies available to Groovy Girl and without any liability whatsoever, Groovy Girl at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
10. INDEMNIFICATION. You agree to and shall defend and indemnify and hold Groovy Girl and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of this site, the use of your account by and other person or persons, or your breach of these terms and conditions.
11. THIRD PARTY RIGHTS. The provisions of paragraphs 7 (medical disclaimer), 8 (exclusion of warranty), 9 (limitation of liability) and 10 (indemnification) are for the benefit of Groovy Girl and its officers, directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. PURCHASE OF PRODUCTS FROM THIS SITE. The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. Groovy Girl makes no warranty as to the quality of such products including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Groovy Girl does not have any responsibility for the processing or delivery of products purchased from this Site.
13. PRODUCT AND SERVICE DISCLAIMER. SpaScene™ is published by Groovy Girl Publishing, Inc™. The SpaScene website ("SpaScene.com") and Newsletter provide information of a general nature about all forms of wellness products and services; beauty products and services; and cosmetic enhancement including but not limited to plastic surgery, cosmetic dermatology and cosmetic dentistry. The information contained in SpaScene.com, in the SpaScene Newsletter and other affiliated publications (electronic and print) is provided with the understanding that neither SpaScene nor its affiliates are engaged in rendering medical services, advice or recommendations. Any information contained within these online and electronic publications should not be considered a substitute for consultation with a licensed physician. Though SpaScene 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. SpaScene, Groovy Girl Publishing, Inc. ("Publisher") (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) accept no responsibility for inaccuracies, errors or omissions with information and/or advertisements contained herein. Groovy Girl (including its officers, directors, employees, agents and representatives) or any third party providers, partners or affiliates,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 SpaScene.com. 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 website, newsletter and/or its advertisements do not necessarily reflect the opinions of the Publisher. Neither the Publisher nor its officers, directors, employees, agents, representatives and affiliates 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 SpaScene.com 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 SpaScene.com and its affiliated publications 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 SpaScene.com and its affiliated publications 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 SpaScene.com and/or its affiliates for advertising in the form of display advertising or paid advertorials some of which may be featured within the publications. 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 publications. 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 SpaScene.com and its affiliated publications 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 SpaScene.com. Photographs of any model in SpaScene.com in no way suggest or imply that the subject has undergone any cosmetic enhancement procedure. SpaScene™ is a licensed trademark of Groovy Girl Publishing, Inc. © 2008 Groovy Girl Publishing, Inc. 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.
14. LINKS. This site may contain links to other Web sites that are provided solely as a convenience to you and not as an endorsement by Groovy Girl of the contents of such other Web sites. Groovy Girl is not responsible for the content of linked Web sites and do not make any representations regarding the accuracy or content of the materials on such linked Web sites. If you decide to access linked Web sites, you do so at your own risk.
15. RELATIONSHIP. The relationship between Groovy Girl and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
16. GOVERNING LAW. These terms and conditions and their performance shall be governed by the laws of the state of California, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in San Diego county, the state of California, United States of America, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
17. ATTORNEY'S FEES. If Groovy Girl or its third party providers, partners or affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
18. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Groovy Girl as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Groovy Girl shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Groovy Girl in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
19. TERMINATION. Groovy Girl may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Groovy Girl and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Groovy Girl and its third party providers, partners or affiliates, as applicable.
20. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
21. MODIFICATION. Groovy Girl may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
22. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
23. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
24. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
25. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.