These Terms and Conditions of Service were last updated on December 12th 2010
1. Welcome to Medical Daily ("Service"). By using this Service, you agree to be bound by all of the terms of this Agreement and by the User generated Content Agreement. The Service is currently free to all users. The Medical Daily Company, ("We"), reserves the right to charge for this Service in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to this Service. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.
2. The materials contained on the Web site are provided by The Medical Daily Company as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk. The Medical Daily Company assumes no responsibility for error or omissions in these materials. The Medical Daily Company makes no commitment to update the information contained herein. The Medical Daily Company makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding The Medical Daily Company Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by The Medical Daily Company or any other party on the Web site shall create any warranty or liability.
The Medical Daily Company does not warrant or make any representations regarding the use or the results of the use of the materials at the Web site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall The Medical Daily Company or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site.
The Medical Daily Company periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The Medical Daily Company shall have no liability for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web site.
3. All materials published on the Web site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either The Medical Daily Company or, in the case of content licensed by The Medical Daily Company from third parties, the entity that is credited as the copyright holder of such licensed content.
You may download freely accessible material (one copy per page) from this Web site for your personal and noncommercial use; or for educational purposes only, without altering or removing any trademark, copyright, or other notice from such material. This permission is granted with the understanding that no more than 1000 copies will be made, the material is distributed free of charge, and that the following credit line appears on each manufactured copy:
"This article first appeared in the (insert date) issue of Medical Daily. Used with permission."
The Medical Daily Company does not grant permission for its articles to appear on a non-medicaldaily.com online site; you may however use a one-paragraph summary that is no longer than 50 words with a direct and static link to the full article available on medicaldaily.com.
For any other use, advance permission must be obtained from The Medical Daily Company. Please contact the general administrator for copyright permission at the following:
Reprints c/o Medical Daily
120 Wall Street, 5th Floor
New York NY 10005
Fax: (646) 224 8146
In the event you believe that any content posted on the Web site infringes your copyright or other intellectual-property rights, you may notify The Medical Daily Company by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to The Medical Daily Company at:
Copyright c/o Medical Daily
120 Wall Street, 5th Floor
New York NY 10005
Fax: (646) 224 8146
User generated Content Agreement
4. The Medical Daily Company, through its forums and blogs, provides users an opportunity to post content to the Web site. The Medical Daily Company does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted in a The Medical Daily Company forum or blog, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not The Medical Daily Company, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. The Medical Daily Company does not and cannot review the content posted by users and is not responsible for such content. However, The Medical Daily Company shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by The Medical Daily Company in its sole discretion and without notice.
If you upload, post, or otherwise transmit content to the Web site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by The Medical Daily Company in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you.
You agree to indemnify The Medical Daily Company and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Web site.
Third Party Content Provider Notices
5. Third Party text, photo, and graphic material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither Third Party materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Third Party material will not be held liable for any delays, inaccuracies, errors, or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Premium Online Content
6. Purchasers of premium online content are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the purchaser's sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers) could result in suspension of that password. Premium online content is protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of The Medical Daily Company.
7. The Medical Daily Company is committed to providing visitors to its site with as many features as possible. The companies that The Medical Daily Company selects as featured services providers offer products and services that site visitors may find useful. The Medical Daily Company in certain cases may have a business relationship with certain third parties that it selects as a featured service providers. The Medical Daily Company is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their Web sites, or for the availability and operations of their Web sites.
8. You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Web site, shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, you agree to submit to the personal jurisdiction of such courts.