(Last modified October 26, 2009)
This document is CelebrityDiagnosis.com’s Terms of Service Agreement (“Terms of Service”), and is a legal agreement between you and Celebrity Diagnosis, LLC (“Celebrity Diagnosis”). Sometimes Celebrity Diagnosis, LLC is referred to as “we,” “us,” or “our.” These Terms of Service apply to all services, products, and websites, including CelebrityDiagnosis.com, offered by Celebrity Diagnosis, LLC and its affiliates and subsidiaries. Celebrity Diagnosis may change these Terms of Service at any time by posting the amended terms on its websites. Accordingly, we recommend that you consult this page each time you use our websites.
CelebrityDiagnosis.com is an information and discussion to increase health awareness and medical knowledge. You have been granted access to the information contained on this website in order to enable you to research, discuss, and learn about health topics, various medical conditions, diseases, medications, and other health-related queries. Your use of CelebrityDiagnosis.com’s services constitutes your agreement to the following Terms of Service. Hence, if you do not agree to these Terms of Service, please do not use CelebrityDiagnosis.com’s services.
1. Research and Conduct – Your Agreements
a. You agree to use the websites and their Content solely in accordance with the Terms of Service. By using the websites, you are confirming that you have read and understand, and agree to be bound by, the Terms of Service. If you do not agree to the Terms of Service, you may not use the websites.
b. Celebrity Diagnosis makes our websites available to you solely for personal, non-commercial use, and you agree not to use these websites or any Content or information on them for any commercial purpose.
c. You agree to use the websites and their Content solely in accordance with the Terms of Service. By using the websites, you are confirming that you have read and understand, and agree to be bound by, the Terms of Service. If you do not agree to the Terms of Service, you may not use the websites.
d. You agree not to conduct automated queries of any kind, or use scripts or software to access our websites or our search engine data. You agree not to modify CelebrityDiagnosis.com’s services in any way and only to access the Content and services through the interfaces and tools provided.
e. You further agree you will not use the information on our websites to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any governmental regulations.
2. Intellectual Property Rights & General Use
a. As between you and Celebrity Diagnosis, the website Content and all Intellectual Property Rights therein are owned by Celebrity Diagnosis. “Content” means all features and information included on Celebrity Diagnosis’’ websites, including, without limitation, text, software, scripts, search algorithms, graphics, photographs, sounds, music, videos, and interactive features. You must not distribute, modify, reverse engineer, or create derivative works of any Content in any manner not expressly permitted by these Terms of Service, and you must not remove or modify any copyright or trademark notice or other notice of ownership. Celebrity Diagnosis grants you permission to download, print, and store Content retrieved through the websites for your own personal non-commercial use. As between you, all other parties, and Celebrity Diagnosis, Celebrity Diagnosis retains exclusive ownership of the Content and the ideas embodied therein, and if as a consumer you make any modification of the Content in violation of these Terms of Service you will, and hereby do, assign to Celebrity Diagnosis all of your rights, title, and interest in and to such modifications and all Intellectual Property Rights therein. “Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, service marks, and trade names, rights of privacy and publicity, moral rights, and database rights.
b. All rights not explicitly granted to you in these Terms of Service will remain with Celebrity Diagnosis. Unless explicitly stated herein, nothing in these Terms of Service will be construed as conferring any license to any Intellectual Property Rights of Celebrity Diagnosis, whether by estoppel, implication, or otherwise.
3. User-Generated Content & Public Forums
The following section applies to the features of Celebrity Diagnosis’ websites that allow you to post data (“User-Generated Content”) or engage in conversation with other registered users via the websites’ forums (“Public Forums”), including without limitation responses to forum discussions, and any other comments or contributions posted to our websites.
a. Celebrity Diagnosis is not obligated to prescreen User-Generated Content or comments posted on Public Forums. We retain the right, but not the responsibility, to edit or remove any User-Generated Content or Public Forum posts or terminate your account for any reason at our sole discretion. If you view or participate in a Public Forum, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications accessed there. Celebrity Diagnosis is not responsible for the consequences of any communication that takes place in a Public Forum. If you feel threatened or believe another individual is in danger, you should contact your local law enforcement agency. If you think you may have a medical emergency, please contact your doctor or call 911 immediately.
Celebrity Diagnosis is merely acting as a passive conduit and is not undertaking any obligation or liability relating to the comments or activities of website registrants or visitors. Celebrity Diagnosis reserves the right to reject, remove, or modify user-generated content at its sole discretion.
4. Rules of Behavior on Celebrity Diagnosis Websites
In consideration of being allowed to use Celebrity Diagnosis websites, including to participate in Public Forums, you agree to refrain from certain behaviors. Taking any of the following actions shall constitute a material breach of these Terms of Service:
· Using a Public Forum for any purpose in violation of local, state, national, or international laws or applicable regulations;
· Posting material that infringes on the Intellectual Property Rights of others or on the privacy or publicity rights of others;
· Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, or embarrassing to another person or entity;
· Using a Public Forum to advertise or solicit business, post chain letters or pyramid schemes, or distribute viruses or other harmful computer code;
· Impersonating another individual, e.g., by using his or her full name or username or intentionally adopting a username that is deceivingly similar to another individual’s full name or username, or otherwise;
· Harvesting or collecting information about other registered users, including but not limited to their e-mail addresses or specific health issues researched, without their consent;
· Allowing any other person or entity to use your account or username to post or view Public Forum comments;
· Posting the same comment more than once, or “spamming”;
· Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Forums, or any services or features of the websites; or
· Engaging in any conduct not specified above which, in the judgment of Celebrity Diagnosis may expose Celebrity Diagnosis or any of its customers or suppliers to any liability or detriment of any type, or is otherwise inappropriate
Celebrity Diagnosis is not obligated, but reserves the right, to do any or all of the following:
· Electronically record or save any or all dialogue that takes place in Public Forums;
· Investigate an allegation that a particular communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the communication;
· Remove communications that are in our judgment abusive, illegal, disruptive, or otherwise fail to conform with these Terms of Service;
· Terminate users’ access to any or all Public Forums or websites upon their breach of any of these Terms of Service;
· Monitor, edit, or disclose any comments posted in a Public Forum; or
· Edit or delete any communications posted on the websites’ Public Forums, regardless of whether such communications violate these Terms of Service.
5. Third Party Materials
“Linked Materials” are materials available on other websites that you reach by following a link or a series of links originating on Celebrity Diagnosis’ website. All other content accessed via Linked Materials belongs to the respective owners of those websites and is governed by the policies and terms of those websites. Linked Materials may include websites that are out-of-date, inaccurate, unavailable, inappropriate, or offensive. Celebrity Diagnosis is not liable for the availability or accuracy of Linked Materials or the content of those third-party resources, and hereby disclaims any and all liability relating to such websites. Endorsements of Linked Materials come from other users, not from Celebrity Diagnosis. You acknowledge sole responsibility for and assume all risk arising from your use of Linked Materials.
6. Confidential and Proprietary Information
Our websites may disclose information, materials, and data that Celebrity Diagnosis considers confidential or proprietary. Such information, materials, and data include but are not limited to the websites’ searchable Content (the “Confidential and Proprietary Information”). “Confidential and Proprietary Information” does not include any information that you can show through documentary evidence (i) was generally available to the public from a source other than Celebrity Diagnosis; (ii) becomes known to you through a third party under no obligation of confidentiality; or (iii) is required to be disclosed by court or government order or by law. As a consumer you agree that you will maintain the Confidential and Proprietary Information as confidential and will not copy, disclose to third parties, nor use the Confidential and Proprietary Information for any purpose other than as explicitly allowed in these Terms of Service.
You agree to indemnify, defend and hold each of Celebrity Diagnosis and an agent appointed by Celebrity Diagnosis to pursue and enforce its rights and to undertake and fulfill its obligations under these Terms of Service (“Agent”) and their respective affiliates and the respective directors, officers, employees, successors and agents of Celebrity Diagnosis and Agent and their respective affiliates (collectively, “Indemnitee(s)”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines, or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to: (1) your failure to fulfill any of your obligations under these Terms of Service, (2) any information or other contributions to the websites you (or anyone using your account) submit, post, contribute, or otherwise transmit through the websites, or (3) your (or anyone using your account’s) violation of the rights of any other person or entity, including without limitation any right of publicity or privacy or any Intellectual Property Right.
8. Disclaimer of Warranties
a. Educational Use Only
THESE WEBSITES AND THEIR SERVICES ARE FOR PERSONAL EDUCATIONAL USE ONLY. THE INFORMATION PROVIDED BY CELEBRITY DIAGNOSIS DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT SHOULD NOT BE USED FOR SELF-DIAGNOSIS, DIAGNOSIS OF OTHERS, OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL HEALTH PROFESSIONAL. YOU SHOULD SEEK ADVICE FROM A QUALIFIED HEALTH CARE PROVIDER REGARDING ANY MEDICAL CONDITIONS. CELEBRITY DIAGNOSIS DOES NOT ENDORSE, RECOMMEND, EVALUATE, OR GUARANTEE ANY SPECIFIC DEVICES, DIAGNOSES, PROCEDURES, TECHNIQUES, MEDICAL THEORIES, COURSES OF TREATMENT, OR OTHER INFORMATION APPEARING IN THE SEARCH RESULTS, LINKED MATERIALS, OR WEBSITE CONTENT. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THESE WEBSITES.
b. Disclaimer of Warranties
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE CONTENT OF THESE WEBSITES, THE SERVICES PROVIDED, AND THE SERVERS THAT MAKE IT AVAILABLE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY NATURE OR KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CELEBRITY DIAGNOSIS EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES, INCLUDING HARDWARE OR SOFTWARE FAILURES; INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS; TECHNICAL INACCURACIES; UNAUTHORIZED ACCESS; AND TRANSMISSION OF PERSONAL INFORMATION BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, CELEBRITY DIAGNOSIS, ITS CONSULTANTS, DIRECTORS, AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT PROVIDED BY OR LINKED TO CELEBRITY DIAGNOSIS’ WEBSITES AND NO WARRANTIES ARE BEING MADE. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CELEBRITY DIAGNOSIS DOES NOT WARRANT THAT OUR WEBSITES’ CONTENT IS ACCURATE, COMPLETE, OR CURRENT; THAT IT WILL CORRECT DEFECTS; THAT ITS SERVICE WILL OPERATE WITHOUT ERROR; OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. CELEBRITY DIAGNOSIS, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
9. Limitation of Liability
In no event shall Celebrity Diagnosis, its licensors, its suppliers, or any third parties mentioned on the websites be liable for any damages, including, without limitation, indirect, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from your use of the websites or lost data or business interruption, resulting from the use of or inability to use the websites, their services or Public Forums, or any User-Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Celebrity Diagnosis is advised of the possibility of such damages. Celebrity Diagnosis is not liable for personal injury or death caused by the use or misuse of the websites, their services or Public Forums, or any User-Generated Content. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service must be filed within one (1) year after such claim or cause of action arises, or it will be barred forever. To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental, or consequential damages, portions of the above limitation or exclusion may not apply. Celebrity Diagnosis does not seek to exclude or restrict its liability for personal injury arising from its negligence.
10. Linking to us
You are welcome to provide a link on your website to CelebrityDiagnosis.com. Unless you are referring to a specific document on the website, we recommend that your links direct users to the homepages of our websites to prevent linking to outdated pages or materials. Our Content changes constantly, and we cannot guarantee that all low-level links will remain permanently active.
You may not incorporate or otherwise use our logo as part of a hyperlink on your website without our prior written permission. You may not frame our Content or employ any other method that causes the Content to appear to be part of your website or part of any website or service other than CelebrityDiagnosis.com’s without our permission. Do not link to CelebrityDiagnosis.com from any website that engages in illegal, obscene, or offensive behavior or includes any such content, or from any website that disparages us or may have a negative impact on our reputation. We reserve the right to require that you discontinue any links you maintain to our websites at any time, in which case you must immediately remove the link(s) from your website.
If you provide a link to any Celebrity Diagnosis websites, you acknowledge that we disclaim all express and implied warranties regarding CelebrityDiagnosis.com and its Content, including but not limited to warranties of title and non-infringement or warranties that arise from course of dealing, and agree that in no event shall Celebrity Diagnosis ever be liable to you under any theory of liability, including for any direct, indirect, incidental, special, consequential, punitive, loss of profits, exemplary or other damages based upon or relating to your linking to any Celebrity Diagnosis websites.
11. Digital Millennium Copyright Act Compliance & Designated Agent
Celebrity Diagnosis respects the Intellectual Property Rights of others. Upon proper notice, we will remove any User-Generated Content, Public Forum post, or other applicable content that violates copyright law and we will terminate accounts that belong to repeat infringers.
Pursuant to Title 17 of the U.S. Code, Section 512, Celebrity Diagnosis has implemented procedures for receiving written notification of suspected copyright infringement and for processing those claims in accordance with the law. If you are a copyright owner or an agent thereof and believe that any User-Generated Content, Public Forum post, or other applicable content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· Identification of the claimed infringing material and information reasonably sufficient to enable us to locate the material on our website;
· Information reasonably sufficient to enable us to contact you, such as an address, telephone number, and, if available, an e-mail address;
· A statement attesting to your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement, made under penalty of perjury, that the information in your notification is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf; and
· Your physical or electronic signature.
Please send all of the above enumerated information to our designated agent:
Rubin and Rudman LLP, 50 Rowes Wharf, Boston, MA 02110
617-330-7000, [email protected]
12. Copyright and Trademark Information
Copyright © 2009 Celebrity Diagnosis, LLC. We or our Content providers own all website content, including text, logos, customized graphics, images, photographs, music, data, audio clips, video clips, algorithms, and software, unless specifically attributed to a third party in writing on the website or an e-book. This property is protected by U.S. and international copyright laws. In addition, the manner in which we compile, arrange, and present Content on our websites is protected by worldwide copyright laws and treaty provisions. Celebrity Diagnosis, CelebrityDiagnois.com™ and Teachable Moments in Medicine™ are trademarks, service marks, and trade names that belong to Celebrity Diagnosis or its affiliates. They may not be used in connection with any third party products or services without our written permission. All other brands and names are the property of their respective owners.
Any questions, comments, criticism, suggestions, ideas, techniques, data, materials, know-how, or information (collectively, “Feedback”) that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any such Feedback that you provide to us. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any such Feedback without limitation, and to use any ideas, concepts, know-how, data or techniques contained in your Feedback for any purpose whatsoever, including, but not limited to, developing, advertising, manufacturing, researching, and marketing products or services that incorporate or derive from such Feedback. By submitting Feedback or any other Content to our websites, you acknowledge and agree that you have no expectation of compensation or confidentiality of any nature and that Celebrity Diagnosis has no duties to you with respect to such Feedback.
Celebrity Diagnosis reserves the right to modify, suspend, discontinue or restrict our websites or your means to the websites, including the availability of any portion of the Content at any time, with or without notice to you. Celebrity Diagnosis shall not be liable to you or any third parties should we exercise our right to modify, suspend, restrict or discontinue any websites or services.
15. Changes to the Terms of Service
Celebrity Diagnosis may, in its sole and absolute discretion, add, delete, and/or modify any of the terms and conditions contained in these Terms of Service at any time. Celebrity Diagnosis will post a copy of the amended terms of Service on the Terms of Service sections of our websites. Your continued use of the websites following the posting of a change notice or new Terms of Service will constitute your affirmative and binding acceptance of the changes. If you object to any of the changes we make, your sole recourse shall be to cease using the websites and services.
16. Password Control
Several features on Celebrity Diagnosis’ websites allow you to record and store information. Some features and services Celebrity Diagnosis offers are structured to allow access only to registered visitors with a valid username and password.
When you join CelebrityDiagnosis.com as a registered user, you are required to establish a personal account with your own unique username and password. You agree to maintain the security of your username, password, and other confidential information relating to the use of your CelebrityDiagnosis.com account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your CelebrityDiagnosis.com passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of your username and password; (2) control access to and use of your account and password; (3) promptly inform us of any need to deactivate an account or password. You grant Celebrity Diagnosis and all other persons or entities involved in the operation of our websites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the websites. We do not assume any responsibility or liability for any information you submit or your or third parties’ use or misuse of information transmitted or received using our websites or services.
17. International Use
Our websites and services are designed for and intended for users in the continental United States except such states or other jurisdictions, if any, in which such use is illegal.. Celebrity Diagnosis makes no representation that the Content is appropriate or available for use in locations outside of the continental United States. Accessing the websites is prohibited from territories where such Content is illegal. If you access our websites from any location outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on our websites regarding any change in ownership so that you have the opportunity to discontinue your use of our websites or cancel your registered accounts if you opt not to continue using the websites or services under their new ownership. You may not assign this contract to any one else.
19. General Terms
a. Any express waiver or failure to exercise promptly any right under the Terms of Service in any particular circumstance does not constitute a waiver of its right to enforce the Terms of Service in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of these Terms of Service will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms of Service, the validity of the remaining portions or provisions will not be affected hereby and they shall remain in full force and effect and be enforceable in accordance with their terms in such manner as will implement and effectuate the manifest intention of the herein Terms of Service.
b. The Terms of Service, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of laws. Any claim, suit, or action arising under or relating to the Terms of Service may be brought only in courts located within Massachusetts. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THE TERMS OF SERVICE OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THESE TERMS OF SERVICE, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
These Terms of Service constitute the entire agreement between you and Celebrity Diagnosis relating to this subject matter, and cancel and supersede any prior versions of the Terms of Service and any communications and the like between you and Celebrity Diagnosis.