TERMS AND CONDITIONS OF USE
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
DermTV LLC ("DTV") may revise and update these Terms and Conditions at any time. Your continued usage of the DTV website ("DTV Site," or the "Site,") will mean you accept those changes.
1. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT
The contents of the DTV Site, such as text, graphics, images, videos, information, and other material contained on the DTV Site or emails sent to users of the DTV Site as a result of their filling out forms on the DTV Site or emailing a member or employee of DTV directly ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the DTV Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Except as expressly stated, DTV does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by DTV, DTV members and employees, others appearing on the Site at the invitation of DTV, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
2. CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
3. USE OF CONTENT
DTV authorizes you to view publicly accessible Content, and also to link to and even embed our publicly accessible Content into your own site, for personal, non-commercial purposes only, unless we state otherwise.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with DTV or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of DTV. All rights not expressly granted herein are reserved to DTV and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. We can also, at any time, revoke your ability to use our Content.
4. Disclaimer of Liability and Warranties
The DTV Site is provided on an "as is" and as available basis, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose. Your use of the DTV Site is at your own risk. Access to the DTV Site may be interrupted and information provided may not be error free. Neither DTV, its licensors, suppliers, or any third parties mentioned on the DTV Site nor anyone else involved in creating, producing, or delivering the DTV Site or the materials contained therein assume any liability or responsibility for the accuracy, completeness, or usefulness of any information provided on the DTV Site, nor shall they be liable for any direct, indirect, incidental, special, consequential or punitive damage rising out of your use of, or inability to use the DTV Site.
5. USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including comment areas, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to DTV by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to DTV by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to DTV by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-DTV a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. DTV may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to DTV by email. We try to answer every email in a timely manner, but are not always able to do so.
6. DTV MEMBER TO MEMBER AREAS ("PUBLIC AREAS")
If you use a Public Area, such as a the comments sections below episodes and other content on the DTV Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. DTV is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
i. Using a Public Area for any purpose in violation of local, state, national, or international laws;
ii. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
iii. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DTV in its sole discretion;
iv. Posting advertisements or solicitations of business;
v. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
vi. Posting chain letters or pyramid schemes;
vii. Impersonating another person;
viii. Distributing viruses or other harmful computer code;
ix. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
x. Allowing any other person or entity to use your identification for posting or viewing comments
xi. Posting the same note more than once or "spamming"; or
xii. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of DTV, exposes DTV or any of its customers or suppliers to any liability or detriment of any type.
DTV reserves the right (but is not obligated) to do any or all of the following:
xiii. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
xiv. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
xv. Terminate a user's access to any or all Public Areas and/or the DTV Site upon any breach of these Terms and Conditions.
xvi. Monitor, edit, or disclose any communication in the Public Areas.
xvii. Edit or delete any communication(s) posted on the DTV Site, regardless of whether such communication(s) violate these standards.
DTV or its licensors have no liability or responsibility to users of the DTV Site or any other person or entity for performance or nonperformance of the aforementioned activities
7. ADVERTISEMENTS, SEARCHS AND LINKS TO OTHER SITES
DTV may provide links to third-party web sites. DTV also may select certain sites as priority responses to search terms you enter and DTV may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. DTV does not recommend and does not endorse the content on any third-party websites. DTV is not responsible for the content of linked third-party sites, sites framed within the DTV Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. DTV does not endorse any product, service, or treatment advertised on the DTV Site.
You agree to defend, indemnify, and hold DTV, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
DTV is based in Burlington Flats, New York, in the United States of America. DTV makes no claims that DTV and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access DTV and or the DTV Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimer of Liability and Warranties, User Submissions, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with DTV, or in any way relating to your use of the DTV Site, resides in the federal and state courts located in the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving DTV or its affiliates, subsidiaries, employees, contractors, officers, directors, members, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. NOTICE AND TAKE DOWN PROCEDURES, COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting DTV's copyright agent (identified below) and providing the following information:
i. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
ii. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
iii. Your name, address, telephone number and (if available) e-mail address.
iv. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
v. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
vi. A signature or the electronic equivalent from the copyright holder or authorized representative.
DTV's agent for copyright issues relating to this web site is as follows:
Attn: Office of Privacy
2624 State Highway 80
Burlington Flats, NY 13315
Or call: 212-369-9600
In an effort to protect the rights of copyright owners, DTV maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
12. COMPLETE AGREEMENT
13. LINKING PARTIES
If you link to the Content or embed the Content in another website (thus, you will be defined as the "Linking Party"), in addition to all other terms in the Agreement, you also agree to the following in this Section 13.
A. Indemnification From Linking Party
The Linking Party also agrees to indemnify, defend (at DTV's option) and hold DTV and its affiliates, and their respective officers, directors, agents and employees, harmless from and against any and all liability, damages, losses, expenses (including attorneys' fees and expenses and allocable costs of in-house counsel), claims, demands, suits, fines or judgments, and costs and expenses incidental thereto, which may be suffered by, accrued against, charged to or recoverable from DTV or any of its affiliates, or any of their respective officers, directors, agents or employees, arising out of or resulting from: (i) a claim that the Linking Party Website, or any other materials (tangible or intangible) provided by Linking Party to DTV hereunder or any portion or use thereof, infringes or misappropriates any patent, copyright, trade secret, trademark or other proprietary right; or (ii) claims regarding the performance, nonperformance, or defect in performance of the Linking Party Website or items found on or through such website, or any statement, misstatement, representation or misrepresentation made by Linking Party.
B. Limitation of Liability
In no event will DTV be liable for any indirect damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the DTV Site whether based on warranty, contract, tort, or any other legal theory, and whether or not DTV is advised of the possibility of such damages.
C. Disclaimer of Warranty
DTV's Site and DTV Content are provided on an "as is" basis without any warranties of any kind. DTV, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warranty (I) of merchantability, non-infringement of third parties' rights, or fitness for particular purpose or (II) arising from course of performance, course of dealing, or usage of trade. DTV makes no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the Content, text, graphics, videos, links, or communications provided on or through the use of the DTV Site or DTV. DTV does not make any warranty that the Content contained on the DTV Site satisfies government regulations requiring disclosure of information on prescription drug products.
D. The Linked to Content is Not Medical Advice, Diagnosis, or Treatment
As the Linking Party, you understand that the Content does not constitute medical advice, diagnosis or treatment. You will in no way portray this information as constituting medical advice, diagnosis, or treatment on your or any other website. If you do, you and you alone will be held liable for the consequences of doing so.
This Agreement between you, the Linking Party, and DTV shall be effective until terminated in accordance with this Section 13.E. DTV may terminate this Agreement immediately upon written notice if the other party has failed to perform or abide by any of its obligations under this Agreement unless such default or breach has been cured within fifteen (15) days after receipt of such notice. Either party may terminate this Agreement for any reason upon fifteen (15) days written notice to the other party. All notices in connection with this Agreement between the Linking Party and DTV shall be addressed as stated below and shall be deemed given on the day they are: (i) deposited in the U.S.A. mails, postage prepaid, certified or registered, return receipt requested; or (ii) sent by air express courier, charges prepaid or (iii) via email:
Attn: Office of Privacy
2624 State Highway 80
Burlington Flats, NY 13315
Or call: 212-369-9600
DTV may also, in its absolute discretion, immediately terminate this Agreement if it determines that Linking Party or Linking Party's Website would or would tend to: (i) violate or infringe the copyright, trademark or other rights of third parties, or any other law, court order, governmental regulation or other ruling of any governmental agency or entity; (ii) subject DTV to any liability; or (iii) jeopardize DTV's ability to protect its rights or its property in the manner it deems appropriate.
In the event this Agreement terminates, Linking Party must immediately cease all use thereof and cease all linking to the WebMD Website.