Marking brand sponsored content as "Promotion" when posting on PixMD.com.
These Guidelines constitute a legally-binding agreement made by and between PixMD (“PixMD,” the "Company," “we,” “us,” or “our”) and you, whether personally or on behalf of an entity (collectively, “you” or “your”), concerning your access to and use of the www.pixmd.com website, and any other websites owned or managed by us, and including all information, tools, services, media forms, media channels, or other media, mobile websites, or mobile applications/apps, related, linked, or otherwise connected thereto (collectively, the “Site”). Your use of any services we make available on or through the Site (collectively our “Services”) is governed by these Guidelines. YOU SHOULD REVIEW THESE GUIDELINES IN THEIR ENTIRETY BEFORE ACCESSING OR USING THE SITE OR ANY OF THE PIXMD SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING GUIDELINES OR YOU DO NOT ADHERE TO THE GUIDELINES, YOU ARE PROHIBITED FROM USING THE SITE/SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
All content on PixMD (collectively the “Content”) is intended to support our mission of helping consumers make confident decisions by empowering them with accurate information.
Brand-supported photos and videos must adhere to our Brand-Supported Content Guidelines. Wherever brand-supported photos and videos appear on the Site, they will be clearly labeled as “Promoted.”
All brand-supported photos and videos must:
- Have proper patient consent for online use;
- Reflect the actual results of the attributed treatment or product. (Individual results may vary);
- Reflect the core treatment offered by the administering doctor's specialty designation and board certification;
- Reflect the featured doctor’s personal work administering a medical treatment or procedure; and
- Comply with all PixMD policies and our Terms of Service.
Brand-supported photos must:
- Contain photos of only one (1) patient per upload with a maximum of two (2) comparable before and after views (e.g. photo captured from the same perspective and distance, such as before and after side view and before and after front view); and
- Be less than 6 MB in size; and
- Be in .png or .jpg format.
Brand-supported videos must:
Be less than 250M; and
Be in mp4, mov, or avi format.
Photos and videos will not be published if they contain, in our sole and absolute discretion:
- Unnecessarily or gratuitously exposed genitalia or breasts;
- Graphic photos of minors (under age 18);
- Overly promotional messages, self-aggrandizing language, or conjecture regarding patient satisfaction that obscures the facts;
- Poor quality or resolution;
- Borders, odd shapes, decorative backgrounds, digital enhancements, airbrushing, fully opaque watermarks, or watermarks obstructing treated body area; URLs;
- Personally Identifiable Information (PII) including file names, names, titles or physical features unrelated to the procedure;
- Factually inaccurate statements, as determined by a member of the PixMD Medical Advisory Panel or a member of our editorial team;
- Unlicensed music;
- Rebroadcast content for which the supporting brand does not own the rights; or
- Violations of our Brand-Supported Content Guidelines.
PixMD reserves the rights to, in our sole and absolute discretion::
- Block personally identifiable information from photo or video submissions;
- Crop or edit photos or video to remove unnecessarily or gratuitously exposed genitalia or breasts;
- Remove photos and videos that we determine to be inappropriate and/or in violation of these Guidelines or our Terms of Service;
- Conduct minor edits to submitted videos and publish the resulting work; and
- Modify these Guidelines at any time without notification.
Legality; Indemnification; Limitation of Liability
It is your responsibility to abide by all laws, including consumer protection regulations and privacy laws.
In this regard, you agree to defend, indemnify and hold harmless PixMD and its affiliates, directors, officers, contractors, employees and agents from and against any and all claims, injury, damages, losses, liabilities, costs and expenses of defense (including but not limited to, reasonable legal fees and or attorneys’ fees) incurred directly or indirectly with your use of the Site/Services. In the event of such a claim, we may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. In the event that PixMD determines to actively defend in a dispute, you agree to fully cooperate with PixMD in asserting any available defenses, and providing any documents, information, testimony or similar evidence from your representatives.
In no event will PixMD or its affiliates, directors, officers, contractors, employees and agents be liable to any user of our Site/Services or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages or punitive damages arising out of the use, performance, or inability to use the Site/Services, unauthorized access to or misuse of the Site/Services or any information contained thereon, whether based upon warranty, contract, tort, strict liability, violation of statute, rule or regulation, or otherwise, even if PixMD had been advised of the possibility of such damages or losses. Because some states or jurisdictions may not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Entire Agreement
These Guidelines, along with our other similar Guidelines posted on or through the Site or Services, our Codes of Conduct, our Terms of Service, and any other terms, conditions and policies we post or update from time to time constitutes our entire agreement with you on the subjects contained within. We have no separate or different agreements with you outside of this agreement, written, verbal or otherwise.