Last Update: August 1st 2024.
Introduction
Welcome to thePlasticsFella Forum ("Forum"), a dedicated community platform operated by thePlasticsFella ("Company," "we," "us," "our"). Access to and use of the Forum is provided subject to these terms and conditions ("Terms"). By using the Forum, you agree to these Terms. If you disagree with any part of these Terms, you must cease use of the Forum immediately.
1. Acceptance of Terms
By registering an account or by using the Forum in any capacity, you affirm that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. These documents create a legally enforceable agreement between you and the Company. Should you disagree with any of the Terms provided, your sole recourse is to discontinue use of the Forum.
2. Eligibility
The Forum is intended exclusively for plastic surgery trainees and qualified plastic surgeons. By using the Forum, you assert that you are either a plastic surgery trainee or a credentialed plastic surgeon and that you maintain any necessary certification or licensing as required by your local or national regulatory bodies.
3. Account Registration
To access certain features of the Forum, you must register an account. During registration, you must provide truthful, accurate, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to transfer, sell, or create derivative accounts based on your membership without express permission.
4. User Conduct
You are required to adhere to all applicable laws and regulations in your use of the Forum. Prohibited actions include, but are not limited to:
- Posting unlawful, defamatory, obscene, threatening, or other objectionable material.
- Impersonating another person or misrepresenting your affiliation with a person or entity.
- Disrupting or interfering with the operation of the Forum through automated or manual means.
- Using the Forum for commercial purposes without obtaining prior written consent from us.
- Distributing unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters.
5. Content Standards
Content you submit must:
- Be accurate and not misleading.
- Not infringe on the intellectual property rights or other rights of any third parties.
- Comply with all applicable laws, regulations, and ethical standards regarding patient confidentiality and consent.
- Not contain harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
6. Medical Disclaimer
The information provided on thePlasticsFella Forum is for educational and informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images, and information available on or through this forum, is general in nature and is not intended to be used as a primary basis for making healthcare decisions.
ThePlasticsFella does not provide medical advice or endorse any specific tests, physicians, products, procedures, opinions, or other health-related information that may be mentioned on the Forum. Reliance on any information appearing on the Forum, whether provided by thePlasticsFella, its content providers, its clients, visitors to the Forum or others, is solely at your own risk.
Users are advised to always seek the advice of their physician or another qualified health provider with any questions they may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Forum.
If you think you may have a medical emergency, call your doctor, go to the emergency department, or call emergency services immediately. ThePlasticsFella is not responsible for any actions or inaction on a user's part based on the information that is presented on the Forum.
Furthermore, thePlasticsFella does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Forum. Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of any consultation. The standards applied in the provision of services are specific to the circumstances of each case and the qualifications and experiences of any provider who may be engaged in such services.
By using this Forum, you acknowledge and agree that thePlasticsFella is not liable for any claim, loss, or damage directly or indirectly resulting from your use of this information, particularly where there are allegations that the information provided is incomplete, outdated, or inaccurate.
7. Intellectual Property Rights
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the Forum. All intellectual property rights are reserved. You may access this from the Forum for your personal use subjected to restrictions set in these terms and conditions.
8. Moderation
The Company reserves the right, but not the obligation, to monitor content submitted to the Forum, to determine compliance with these Terms and any operating rules established by the Company. We may edit, refuse to post, or remove any content submitted to or posted on the Forum.
9. Links to Other Websites
The Forum may contain links to third-party websites that are not owned or controlled by the Company. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
10. Disclaimer of Warranties; Limitation of Liability
The Forum is provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, the Company does not make any representations concerning the accuracy or reliability of the use of the materials on its website or otherwise relating to such materials or any sites linked to this site. In no event shall the Company or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this Forum or the materials on this Forum, even if the Company or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
11. Changes to Terms
The Company reserves the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Forum after those revisions become effective, you agree to be bound by the revised terms.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
15. Ownership and Licenses You retain ownership of the content you post on the Forum, but by posting you grant thePlasticsFella a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, and display the content in connection with the operation of the Forum. This includes the right to sublicense these rights to third parties. You also grant other Forum users the right to access your content under the terms of this license.
16. Patient Confidentiality You must ensure that any patient data or case studies you share are fully anonymized to prevent the identification of any individual. You are solely responsible for obtaining all necessary consents and ensuring that any shared content complies with applicable laws relating to health data and patient privacy.
17. Privacy Policy Our Privacy Policy explains how we handle the collection, use, and sharing of personal information. By agreeing to these Terms, you also agree to the terms of the Privacy Policy, which is incorporated by reference. You must review the Privacy Policy periodically to be aware of any changes.
18. Changes to Terms ThePlasticsFella reserves the right to modify these Terms at any time. We will notify users of significant changes through the Forum or by sending an email. Continued use of the Forum after such changes take effect constitutes acceptance of the new Terms.
19. Governing Law These Terms are governed by the laws of [Specify Jurisdiction], without regard to its conflict of laws principles. You agree that any judicial proceedings will be brought in the courts located in [Specify Jurisdiction], and you consent to venue and personal jurisdiction there.
20. Dispute Resolution Disputes arising under these Terms will be resolved by binding arbitration in [Specify Location], in accordance with the rules of the American Arbitration Association. By using the Forum, you waive any right to a jury trial or to participate in a class action lawsuit.
21. Termination ThePlasticsFella may terminate your access to all or any part of the Forum at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
22. Electronic Communications, Transactions, and Signatures Communicating with us electronically is equivalent to offline written communications in terms of legal enforceability. You consent to receive electronically all communications or notices sent by us in relation to the Forum or your use of our services.
23. International Use We make no representation that the Forum is appropriate or available for use outside [Specify Country]. Those who access the Forum from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
24. Entire Agreement; Severability These Terms, together with the Privacy Policy and any other legal notices published by thePlasticsFella on the Forum, constitute the entire agreement between you and thePlasticsFella concerning the Forum. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
25. Prohibited Uses In addition to other prohibitions as outlined in these Terms, you are prohibited from using the Forum or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Forum or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Forum or any related website, other websites, or the Internet.
26. Intellectual Property Rights The Forum and its original content, features, and functionality are and will remain the exclusive property of thePlasticsFella and its licensors. The material on the Forum, including all intellectual property rights, shall not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without thePlasticsFella's prior written consent.
27. Data Protection and Security
We are committed to protecting the security and privacy of your data. We implement appropriate technical and organizational measures in line with industry standards to safeguard the personal information you provide from unauthorized access, alteration, loss, or misuse. These measures include, but are not limited to, encryption, access control, secured networks, and regular security assessments.
Compliance with Data Protection Laws: We comply with applicable data protection laws in the jurisdictions we operate, including the General Data Protection Regulation (GDPR) for users in the European Union and the California Consumer Privacy Act (CCPA) for residents of California. These regulations afford rights to access, correct, delete, or restrict the use of your personal data.
Data Breach Notification: In the unlikely event of a data breach that is likely to result in a risk to your rights and freedoms, we will notify you and the appropriate regulatory bodies without undue delay, in accordance with our legal obligations.
User Responsibilities: You are responsible for ensuring the security of your account credentials and personal information. It is advisable not to share your account details with others and to log out after having accessed our services on shared or public devices.
Review and Updates: Our security policies and procedures are reviewed regularly and updated as necessary to meet our business needs, changes in technology, and regulatory requirements. For detailed information on how we collect, use, and share your personal data, please refer to our Privacy Policy.
28. Accessibility We strive to ensure that our Forum is accessible to individuals with disabilities. Our goal is to comply with all applicable standards, including WCAG 2.1 accessibility standards up to level AA. If you have difficulty accessing any part of the Forum, please contact us, and we will endeavor to provide the information you seek through alternative means.
29. Moderation and Content Removal We reserve the right to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. The decision to remove content does not necessarily imply that we endorse or support any posted content.
30. Conflict Resolution Process Should any dispute arise from the use of the Forum, parties agree to engage in good faith negotiations prior to initiating arbitration. The arbitration will be conducted by a single arbitrator, selected according to the rules of the American Arbitration Association, and will take place in [Specify Location].
20. Consequences of Violation of Terms Violations of these Terms may lead to termination of your account, legal action, and civil liability. In cases of suspected illegal activity, we may also report such activity to appropriate law enforcement authorities.
31. Updates and Notification Procedures Changes to these Terms and other important updates will be communicated through the Forum and via email to the email address associated with your account. Your continued use of the Forum after such notifications will constitute your agreement to such changes.
32. Export Control The use of the Forum and related services may be subject to the export and import laws of the United States and other countries. You agree to comply with all export and import laws and regulations. In particular, you represent that you are not named on any U.S. government denied-party list. You also will not use the Forum for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles, or support of missile projects, or chemical or biological weapons.
33. Refund and Cancellation Policy For any paid features or subscriptions offered on the Forum, users can cancel their subscriptions at any time. A prorated refund will be issued for the unused portion of the service, if applicable. Details of the refund and cancellation terms will be clearly provided at the point of purchase.
34. Severability and Waiver If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in place. A waiver by either party of any term or condition or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
35. Ethical Use Policy Members must adhere to the highest ethical standards of conduct, especially in discussions related to medical cases. Discussions should respect patient privacy and adhere to all applicable laws concerning the sharing of health information.
- Indemnification and Limitation of Liability
Indemnification: You agree to indemnify, defend, and hold harmless thePlasticsFella, its affiliates, officers, directors, employees, agents, licensors, and service providers from any claims, liabilities, expenses, damages, and costs, including but not limited to reasonable legal fees, arising from or related to your use of the Forum or your violation of these Terms. This specifically includes any claims related to your conduct involving third-party interactions on the Forum and user-generated content that leads to disputes or legal issues not directly attributable to thePlasticsFella. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Forum.
Limitation of Liability:
- General Limitation: To the maximum extent permitted by applicable law, in no event will thePlasticsFella, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Forum;
- Any conduct or content of any third party on the Forum;
- Any content obtained from the Forum;
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if thePlasticsFella has been informed of the possibility of such damage.
- Data Breach Protocol: In the event of a data breach that is likely to result in a risk to your rights and freedoms, such as unauthorized access to personal data, thePlasticsFella will notify affected individuals and relevant authorities within 72 hours of becoming aware of the breach, in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
- Specific Exclusions: Notwithstanding the foregoing, nothing in these Terms shall exclude or limit thePlasticsFella’s liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; and for any other liabilities that the law does not permit to be excluded.
Statutory Rights: Nothing in these Terms shall be understood as attempting to exclude or limit the liability of thePlasticsFella concerning your statutory rights as a consumer. For clarity, all contractual limitations of liability will respect your statutory rights and will not be enforced in a manner that would be unlawful under the applicable local consumer protection laws. This includes, but is not limited to, rights relating to the receipt of services of a satisfactory quality, services performed with reasonable care and skill, and the provision of services as described.
Enforceability of Limitations: The limitations and exclusions described in these Terms will be applied to the fullest extent enforceable under applicable law. This provision does not purport to override or limit any non-waivable statutory rights that you may have as a consumer under local consumer protection laws.
By agreeing to these Terms, you acknowledge that thePlasticsFella has set its prices and entered into the Terms with you in reliance upon the limitations of liability set forth herein, that the limitations of liability reflect a reasonable and fair allocation of risk between you and thePlasticsFella, and that these limitations are an essential basis of the bargain between you and thePlasticsFella. These limitations will apply to the fullest extent permitted by law.
Governing Law and Jurisdiction
Governing Law: These Terms and your use of the Forum shall be governed by and construed in accordance with the laws of [Specify Jurisdiction], without giving effect to any principles of conflicts of law.
Jurisdiction and Venue: You agree that any judicial proceedings (whether involving arbitration or court action) arising out of or relating to these Terms or the use of the Forum will be brought in the courts located in [Specify Jurisdiction], unless otherwise required by applicable local law. However, if you are a consumer and a resident of a country other than [Specify Jurisdiction], mandatory provisions of the law of your country of residence may apply to your access and use of the Forum.
Alternative Dispute Resolution and Arbitration:
- Arbitration: In the interest of resolving disputes between you and thePlasticsFella in the most expedient and cost-effective manner, you and thePlasticsFella agree that any dispute arising out of or in any way related to these Terms or your use of the Forum shall be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.
- Location: Unless you and thePlasticsFella agree otherwise, the arbitration will be conducted in the county where you reside, or if you reside outside of [Specify Jurisdiction], within [Specify Jurisdiction], providing a balance between convenience and the necessity of a predictable legal environment.
- Exceptions: As an exception to the arbitration agreement, both you and thePlasticsFella retain the right to bring suit in small claims court if the dispute qualifies for hearing by such court. Additionally, thePlasticsFella is not precluded from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.
- Opt-Out of Agreement to Arbitrate: You can choose to opt-out of the arbitration agreement by providing written notice of your decision to do so within 30 days of the date that you first access the Forum. Opting out of arbitration will not affect any other terms of these Terms, and if you subsequently use the Forum, you will be subject to this Governing Law and Jurisdiction clause as it exists at the time of your use.
This section ensures that while the Company seeks to limit the jurisdictions in which it can be sued to manage its risk effectively, it also respects the rights of international users by allowing for arbitration in their home countries when feasible, and by not restricting users from seeking local remedies where such provisions apply under their local consumer protection laws. This balanced approach aims to protect both parties' interests, facilitating a fair dispute resolution process.
Contact Information
For any questions or inquiries regarding these Terms, please contact us at support@theplasticsfella.com