Terms of Service. General. Intellectual Property Rights

Transcription

1 Terms f Service General This website (the "Site") is wned and perated by Gulia Omene DMD LLC (hereinafter GULIA OMENE DMD LLC, "we" r "us") fr the mutual benefit f the identified medical prfessinal(s) r crpratin(s) whse name(s) are fund in the Abut Us Page f this Site. By using the Site, yu agree t be bund by these Terms f Service have ratified yur decisin t pt-in t receive infrmatin and cmmunicatins frm GULIA OMENE DMD LLC and the medical prfessinal and t use the Site in accrdance with these Terms f Service, ur Privacy Plicy, and any additinal terms and cnditins that may apply t specific sectins f the Site r t prducts and services available thrugh the Site. Accessing the Site, in any manner, whether autmated r therwise, cnstitutes use f the Site and yur agreement t be bund by these Terms f Service. We reserve the right t change these Terms f Service r t impse new cnditins n use f the Site, frm time t time, in which case we will pst the revised Terms f Service n this website. By cntinuing t use the Site after we pst any such changes, yu accept the Terms f Service, as mdified. Intellectual Prperty Rights Our Limited License t Yu. This Site and all the materials available n the Site are the prperty f us and/r ur affiliates r licensrs, and are prtected by cpyright, trademark, and ther intellectual prperty laws. The Site is prvided slely fr yur persnal nncmmercial use. Yu may nt use the Site r the materials available n the Site in a manner that cnstitutes an infringement f ur rights r that has nt been authrized by us. Mre specifically, unless explicitly authrized in these Terms f Service r by the wner f the materials, yu may nt mdify, cpy, reprduce, republish, uplad, pst, transmit, translate, sell, create derivative wrks, explit, r distribute in any manner r medium (including by r ther electrnic means) any material frm the Site. Yu may, hwever, frm time t time, dwnlad and/r print ne cpy f individual pages f the Site fr yur persnal, nn-cmmercial use, prvided that yu keep intact all cpyright and ther prprietary ntices. Yur License t Us. By psting r submitting any material (including, withut limitatin, cmments, blg entries, phts and vides) t us via the Site, yu are representing: (i) that yu are the wner f the material, r are making yur psting r submissin with the express cnsent f the wner f the material; and (ii) that yu are thirteen years f age r lder. In additin, when yu submit r pst any material, yu are granting us, and anyne authrized by us, a ryalty-free, perpetual, irrevcable, nn-exclusive, unrestricted, wrldwide license t use, cpy, mdify, transmit, sell, explit, create derivative wrks frm, distribute, and/r publicly perfrm r display such material, in whle r in part, in any manner r medium, nw knwn r hereafter develped, fr any purpse. The freging grant shall include the right t explit any prprietary rights in such psting r submissin, including, but nt limited t, rights under cpyright, trademark, service mark r patent laws under any relevant jurisdictin. Als, in cnnectin with the exercise f such rights, yu grant us, and anyne authrized by us, the right t identify yu as the authr f any f yur pstings r submissins by name, address r screen name, as we deem apprpriate. Yu acknwledge and agree that any cntributins riginally created by yu fr us shall be deemed a wrk made fr hire when the wrk perfrmed is within the scpe f the definitin f a wrk made fr hire in Sectin 101 f the United States Cpyright Law, as amended. As such, the cpyrights in thse wrks shall belng t GULIA OMENE DMD LLC frm their creatin. Thus, GULIA OMENE DMD LLC shall be deemed the authr and exclusive wner theref and shall have the right t explit any r all f the results and prceeds in any and all media, nw knwn r hereafter devised, thrughut the universe, in perpetuity, in all languages, as GULIA OMENE DMD LLC determines. In the event that any f the results and prceeds f yur submissins hereunder are nt deemed a wrk made fr hire under Sectin 101 f the Cpyright Act, as amended, yu hereby, withut additinal cmpensatin, irrevcably assign, cnvey and transfer t GULIA OMENE DMD LLC all prprietary rights, including withut limitatin, all cpyrights and trademarks thrughut the universe, in perpetuity in every medium, whether nw knwn r hereafter devised, t such material and any and all right, title and interest in and t all such prprietary rights in every medium, whether nw knwn r hereafter devised, thrughut the universe, in perpetuity. Any psted material which are reprductins f prir wrks by yu shall be c-wned by us.

2 Yu acknwledge that GULIA OMENE DMD LLC has the right but nt the bligatin t use and display any pstings r cntributins f any kind and that GULIA OMENE DMD LLC may elect t cease the use and display f any such materials (r any prtin theref), at any time fr any reasn whatsever. Limitatins n Linking and Framing. Yu may establish a hypertext link t the Site s lng as the link des nt state r imply any spnsrship f yur site by us r by the Site. Hwever, yu may nt, withut ur prir written permissin, frame r inline link any f the cntent f the Site, r incrprate int anther website r ther service any f ur material, cntent r intellectual prperty. Disclaimers Thrughut the Site, we may have prvided links and pinters t Internet sites maintained by third parties. Our linking t such third-party sites des nt imply an endrsement r spnsrship f such sites, r the infrmatin, prducts r services ffered n r thrugh the sites. In additin, neither we nr ur parent r subsidiary cmpanies nr any f ur respective affiliates perate r cntrl in any respect any infrmatin, prducts r services that third parties may prvide n r thrugh the Site r n websites linked t by us n the Site. In many instances, the cntent cntained n any f the Site is supplied by ur Licensr, yur medical prfessinal, third parties and users. Accrdingly, GULIA OMENE DMD LLC is a distributr (and nt a publisher) f such cntent and has n mre editrial cntrl ver such cntent than des a public library, bkstre, r newsstand. Any pinins, advice, statements, services, ffers, r ther infrmatin r cntent expressed r made available by third parties, including infrmatin prviders, are thse f the respective authrs r distributrs, and nt GULIA OMENE DMD LLC. Neither GULIA OMENE DMD LLC nr any third-party prvider f infrmatin guarantees the accuracy, cmpleteness, r usefulness f any cntent. Furthermre, GULIA OMENE DMD LLC neither endrses nr is respnsible fr the accuracy and reliability f any pinin, advice, r statement made n any f the Site by anyne ther than an authrized GULIA OMENE DMD LLC representative while acting in his/her fficial capacity. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD- PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. Yu must prvide and are slely respnsible fr all hardware and/r sftware necessary t access the Site. Yu assume the entire cst f and respnsibility fr any damage t, and all necessary maintenance, repair r crrectin f, that hardware and/r sftware. The Site is prvided fr infrmatinal purpses nly, and is nt intended fr trading r investing purpses, r fr cmmercial use. The Site shuld nt be used in any high risk activities where damage r injury t persns, prperty, envirnment, finances r business may result if an errr ccurs. Yu expressly assume all risk fr such use. Yu agree at all times t defend, indemnify and hld harmless GULIA OMENE DMD LLC its affiliates, their successrs, transferees, assignees and licensees and their respective parent and subsidiary cmpanies, agents, assciates, fficers, directrs, sharehlders and emplyees f each frm and against any and all claims, causes f actin, damages, liabilities, csts and expenses, including legal fees and expenses, arising ut f r related t breach f any bligatin, warranty, representatin r cvenant set frth herein. Online Cmmerce Certain sectins f the Site may allw yu t purchase many different types f prducts and services nline that are prvided by third parties. We are nt respnsible fr the quality, accuracy, timeliness, reliability r any ther aspect f these prducts and services. If yu make a purchase frm a merchant n the Site r n a site linked t by the Site, the infrmatin btained during yur visit t that merchant's nline stre r site, and the infrmatin that yu give as part f the transactin, such as yur credit card number and cntact infrmatin, may be cllected by bth the merchant and us. A merchant may have privacy and data cllectin practices that are different frm urs. We have

3 n respnsibility r liability fr these independent plicies. In additin, when yu purchase prducts r services n r thrugh the Site, yu may be subject t additinal terms and cnditins that specifically apply t yur purchase r use f such prducts r services. Fr mre infrmatin regarding a merchant, its nline stre, its privacy plicies, and/r any additinal terms and cnditins that may apply, visit that merchant's website and click n its infrmatin links r cntact the merchant directly. Yu release us and ur affiliates frm any damages that yu incur, and agree nt t assert any claims against us r them, arising frm yur purchase r use f any prducts r services made available by third parties thrugh the Site. Yur participatin, crrespndence r business dealings with any third party fund n r thrugh ur Site, regarding payment and delivery f specific gds and services, and any ther terms, cnditins, representatins r warranties assciated with such dealings, are slely between yu and such third party. Yu agree that GULIA OMENE DMD LLC shall nt be respnsible r liable fr any lss, damage, r ther matters f any srt incurred as the result f such dealings. Yu agree t be financially respnsible fr all purchases made by yu r smene acting n yur behalf thrugh the Site. Yu agree t use the Site and t purchase services r prducts thrugh the Site fr legitimate, nn-cmmercial purpses nly. Yu als agree nt t make any purchases fr speculative, false r fraudulent purpses r fr the purpse f anticipating demand fr a particular prduct r service. Yu agree t nly purchase gds r services fr yurself r fr anther persn fr whm yu are legally permitted t d s. When making a purchase fr a third party that requires yu t submit the third party's persnal infrmatin t us r a merchant, yu represent that yu have btained the express cnsent f such third party t prvide such third party's persnal infrmatin. Interactive Features This Site may include a variety f features, such as bulletin bards, web lgs, chat rms, and services, which allw feedback t us and real-time interactin between users, and ther features which allw users t cmmunicate with thers. Respnsibility fr what is psted n bulletin bards, web lgs, chat rms, and ther public psting areas n the Site, r sent via any services n the Site, lies with each user - yu alne are respnsible fr the material yu pst r send. We d nt cntrl the messages, infrmatin r files that yu r thers may prvide thrugh the Site. It is a cnditin f yur use f the Site that yu d nt: Restrict r inhibit any ther user frm using and enjying the Site. Use the Site t impersnate any persn r entity, r falsely state r therwise misrepresent yur affiliatin with a persn r entity. Interfere with r disrupt any servers r netwrks used t prvide the Site r its features, r disbey any requirements, prcedures, plicies r regulatins f the netwrks we use t prvide the Site. Use the Site t instigate r encurage thers t cmmit illegal activities r cause injury r prperty damage t any persn. Gain unauthrized access t the Site, r any accunt, cmputer system, r netwrk cnnected t this Site, by means such as hacking, passwrd mining r ther illicit means. Obtain r attempt t btain any materials r infrmatin thrugh any means nt intentinally made available thrugh this Site. Use the Site t pst r transmit any unlawful, threatening, abusive, libelus, defamatry, bscene, vulgar, prngraphic, prfane r indecent infrmatin f any kind, including withut limitatin any transmissins cnstituting r encuraging cnduct that wuld cnstitute a criminal ffense, give rise t civil liability r therwise vilate any lcal, state, natinal r internatinal law. Use the Site t pst r transmit any infrmatin, sftware r ther material that vilates r infringes upn the rights f thers, including material that is an invasin f privacy r publicity rights r that is prtected by cpyright, trademark r ther prprietary right, r derivative wrks with respect theret, withut first btaining permissin frm the wner r rights hlder. Use the Site t pst r transmit any infrmatin, sftware r ther material that cntains a virus r ther harmful cmpnent. Use the Site t pst, transmit r in any way explit any infrmatin, sftware r ther material fr cmmercial purpses, r that cntains advertising. Use the Site t advertise r slicit t anyne t buy r sell prducts r services, r t make dnatins f any kind, withut ur express written apprval. Gather fr marketing purpses any addresses r ther persnal infrmatin that has been psted by ther users f the Site.

4 GULIA OMENE DMD LLC may hst message bards, chats and ther public frums n its Sites. Any user failing t cmply with the terms and cnditins f this Agreement may be expelled frm and refused cntinued access t, the message bards, chats r ther public frums in the future. GULIA OMENE DMD LLC r its designated agents may remve r alter any user-created cntent at any time fr any reasn. Message bards, chats and ther public frums are intended t serve as discussin centers fr users and subscribers. Infrmatin and cntent psted within these public frums may be prvided by GULIA OMENE DMD LLC staff, GULIA OMENE DMD LLC's utside cntributrs, r by users nt cnnected with GULIA OMENE DMD LLC, sme f whm may emply annymus user names. GULIA OMENE DMD LLC expressly disclaims all respnsibility and endrsement and makes n representatin as t the validity f any pinin, advice, infrmatin r statement made r displayed in these frums by third parties, nr are we respnsible fr any errrs r missins in such pstings, r fr hyperlinks embedded in any messages. Under n circumstances will we, ur affiliates, suppliers r agents be liable fr any lss r damage caused by yur reliance n infrmatin btained thrugh these frums. The pinins expressed in these frums are slely the pinins f the participants, and d nt reflect the pinins f GULIA OMENE DMD LLC r any f its subsidiaries r affiliates. GULIA OMENE DMD LLC has n bligatin whatsever t mnitr any f the cntent r pstings n the message bards, chat rms r ther public frums n the Sites. Hwever, yu acknwledge and agree that we have the abslute right t mnitr the same at ur sle discretin. In additin, we reserve the right t alter, edit, refuse t pst r remve any pstings r cntent, in whle r in part, fr any reasn and t disclse such materials and the circumstances surrunding their transmissin t any third party in rder t satisfy any applicable law, regulatin, legal prcess r gvernmental request and t prtect urselves, ur clients, spnsrs, users and visitrs. Registratin T access certain features f the Site, we may ask yu t prvide certain demgraphic infrmatin including yur gender, year f birth, zip cde and cuntry. In additin, if yu elect t sign-up fr a particular feature f the Site, such as chat rms, web lgs, r bulletin bards, yu may als be asked t register with us n the frm prvided and such registratin may require yu t prvide persnally identifiable infrmatin such as yur name and address. Yu agree t prvide true, accurate, current and cmplete infrmatin abut yurself as prmpted by the Site's registratin frm. If we have reasnable grunds t suspect that such infrmatin is untrue, inaccurate, r incmplete, we have the right t suspend r terminate yur accunt and refuse any and all current r future use f the Site (r any prtin theref). Our use f any persnally identifiable infrmatin yu prvide t us as part f the registratin prcess is gverned by the terms f ur Privacy Plicy. Passwrds T use certain features f the Site, yu will need a username and passwrd, which yu will receive thrugh the Site's registratin prcess. Yu are respnsible fr maintaining the cnfidentiality f the passwrd and accunt, and are respnsible fr all activities (whether by yu r by thers) that ccur under yur passwrd r accunt. Yu agree t ntify us immediately f any unauthrized use f yur passwrd r accunt r any ther breach f security, and t ensure that yu exit frm yur accunt at the end f each sessin. We cannt and will nt be liable fr any lss r damage arising frm yur failure t prtect yur passwrd r accunt infrmatin. Limitatin f Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

5 NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND GULIA OMENE DMD LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOSTRECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Terminatin We may cancel r terminate yur right t use the Site r any part f the Site at any time withut ntice. In the event f cancellatin r terminatin, yu are n lnger authrized t access the part f the Site affected by such cancellatin r terminatin. The restrictins impsed n yu with respect t material dwnladed frm the Site, and the disclaimers and limitatins f liabilities set frth in these Terms f Service, shall survive. Other The Digital Millennium Cpyright Act f 1998 (the "DMCA") prvides recurse fr cpyright wners wh believe that material appearing n the Internet infringes their rights under the U.S. cpyright law. If yu believe in gd faith that materials hsted by GULIA OMENE DMD LLC infringe yur cpyright, yu, r yur agent may send t GULIA OMENE DMD LLC a ntice requesting that the material be remved r access t it be blcked. Any ntificatin by a cpyright wner r a persn authrized t act n its behalf that fails t cmply with requirements f the DMCA shall nt be cnsidered sufficient ntice and shall nt be deemed t cnfer upn GULIA OMENE DMD LLC actual knwledge f facts r circumstances frm which infringing material r acts are evident. If yu believe in gd faith that a ntice f cpyright infringement has been wrngly filed against yu, the DMCA permits yu t send t GULIA OMENE DMD LLC a cunter-ntice. All ntices and cunter ntices must meet the then current statutry requirements impsed by the DMCA; see fr details. GULIA OMENE DMD LLC's Cpyright Agent fr ntice f claims f cpyright infringement r cunter ntices can be reached as fllws: Akp Omene 22 Pali Pike Pali, Pa Inf@OmeneDentistry.cm It is advisable t cnsult yur legal advisr r cuncil befre filing a ntice r cunter-ntice. It shuld be nted that there can be penalties fr false claims under the DMCA This Agreement shall be binding upn and inure t the benefit f GULIA OMENE DMD LLC and ur respective assigns, successrs, heirs, and legal representatives. I agree that neither this Agreement nr any rights hereunder may be assigned by me withut the prir written cnsent f GULIA OMENE DMD LLC. Ntwithstanding the freging, all rights and bligatins under this Agreement may be freely assigned by GULIA OMENE DMD LLC t any affiliated entity r any f its whlly wned subsidiaries This agreement cnstitutes the entire agreement between us and yu with respect t the subject matter cntained in this agreement and supersedes all previus and cntempraneus agreements, prpsals and cmmunicatins, written ral. Yu als may be subject t additinal terms and cnditins that may apply when yu use the prducts r services f a third party that are prvided thrugh the Site. In the event f any cnflict between any such third-party terms and cnditins and these Terms f Service, these Terms f Service shall gvern. These Terms f Use shall be gverned by and cnstrued in accrdance with the laws f the Cmmnwealth f Pennsylvania withut giving effect t any principles f cnflicts f law. If any prvisin f this agreement shall be unlawful, vid r fr any reasn unenfrceable, then that prvisin shall be deemed severable frm this agreement and shall nt affect the validity and enfrceability f any remaining prvisins.