Terms of Use
Last Updated: May 5, 2008
1. ACCEPTANCE OF TERMS
World Media Group provides websites for use by consumers and businesses including this website, (referred to hereafter as "the Website") subject to the following Terms of Use. By using the Website in any way, you are agreeing to comply with the Terms of Use. Should you object to any term or condition of the Terms of Use or any guideline of any World Media Group website, your only recourse is to immediately discontinue use.
2. CHANGES TO THE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify or alter the Terms of Use at any time. Such changes shall become effective immediately upon the posting thereof. You must review the Terms of Use on a regular basis to keep yourself apprised of any changes.
3. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the Doctor.com website, such as text, graphics, images, information obtained from Doctor.com's licensors, and other material contained on the Doctor.com Site ("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 Doctor.com Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Doctor.com 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 Doctor.com, Doctor.com employees, others appearing on the Site at the invitation of Doctor.com, or other visitors to the Site is solely at your own risk.
4. CONDUCT
You agree not to post any text, files, images, video, audio, or other materials ("Content") or use the Website in any way that:
a. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
b. contains photos or videos of someone else unless you have their explicit permission.
c. violates any state, federal or other law;
d. threatens, harasses or is libelous;
e. is harmful to minors;
f. contains self-benefiting advertising or marketing (except as permitted as part of a Website listing or other Website product);
g. produces Software viruses or code harmful to other computers; h. disrupts the normal dialogue of users at the site with harmful or excessive disruptive Content; i. employs misleading or false information; j. uses forged headers or other items to manipulate identifiers in order to disguise the origin of Content.You agree not to decompile or reverse engineer or otherwise attempt to discover any source code contained in the Website.
Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
5. CONTENT
You understand that portions of the website including but not limited to listings for medical professionals, posts and comments on blogs, posts in message forum or community areas, advertisements, and other areas , posted on, transmitted through, or linked from the Website, are the sole responsibility of the person or business from whom such Content originated. You understand that World Media Group does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. If you believe that Content on the Website violates your rights please submit a claim to the compliance@world.com with supporting documentation to establish your rights.
By adding Content to the Website, you grant, and you represent and warrant that you have the right to grant, to World Media Group an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
6. ACCESSING THE SITE AS A MEDICAL PROFESIONAL
Certain features, functionality, and areas of the Doctor.com website are intended to be accessed only by licensed medical professionals, their employees, and associates who have received written authorization to use Doctor.com on their behalf. To access these restricted areas of the site you will be required to submit valid medical credentials for verification against Doctor.com’s database and/or review by the Doctor.com validations team. Such medical credentials may include but are not limited to: National Provider Identifier (NPI) numbers, and Unique Physician Identifier Numbers (UPIN), state or federal license numbers, and the providers name, practice or hospital name, and contact information. If you choose to submit credentials belonging to someone other than yourself, you represent and warrant that you are an employee or associate of a hospital, private practice, or other recognized medical organization who possesses the written permission of said provider to submit their medical credentials and other personal and professional information to Doctor.com
Doctor.com conducts regular reviews and audits of provider information on file and reserves the right to immediately terminate, edit, and/or erase any account or listing on the site which Doctor.com may deem invalid or fraudulent. In such cases, a refund for fees paid may be issued at the sole discretion of Doctor.com. Furthermore, Doctor.com, at its sole discretion, reserves the right to edit any information or data that has been submitted or posted to the Doctor.com website if it believes the information to be deceptive, inaccurate, improper, or fraudulent.
In cases where Doctor.com believes that a provider’s credentials may have been used fraudulently, maliciously, inaccurately or improperly, Doctor.com reserves the right to take all necessary action to protect itself and the provider. Examples of such action include contacting the provider to verify their credentials and their intention to share such information with Doctor.com, contacting local authorities to investigate cases of suspected identity theft or fraud, and legal action to seek monetary damages for any harm done to the integrity of the Doctor.com website or the good standing of the Doctor.com brand.
7. DOCTOR.COM SUBSCRIPTION SERVICES
If you choose to sign up for a free or a paid subscription service (“Subscription Service”) provided by Doctor.com, such as a Doctor.com listing that renews monthly or annually, the following additional terms and conditions will apply depending on which service you choose. You should be aware that the Doctor.com Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with any individuals for whom the Subscription Services are being utilized, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: For Subscription Services that require payment or credit card or payment authorization, you are responsible for providing a valid credit card number or PayPal account e-mail address at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card or PayPal account, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Doctor.com of such charges. You agree that Doctor.com may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Doctor.com reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
8. ACCOUNTS & PASSWORDS
Doctor.com has several tools and services that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Doctor.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Doctor.com accounts and passwords; (3) promptly inform Doctor.com of any need to deactivate a password. You grant Doctor.com and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Doctor.com cannot and does 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 Doctor.com tools and services.
9. DATA RETRIEVAL
Use of automated tools, including spiders, robots, crawlers, data mining tools, and other such methods to download data from the Website is expressly prohibited. Retrieval of data from the site for commercial purposes unless expressly permitted by the Website is prohibited.
10. LIMITATIONS AND TERMINATION
World Media Group may create limitations of your use of the Website including, but not limited to, the number of times you can access the Website and amount that you can post to the Website. Limitations can include full termination and you agree that World Media Group has the right at any time, in its sole discretion with or without notice, to modify or discontinue the Website (or any part thereof), to delete or deactivate your account and immediately remove and discard any Content within the Website. Further, you agree that World Media Group shall not be liable to you or any third-party for any termination of your access to the Website.
11. DISCLAIMER OF WARRANTIES
THE WORLD MEDIA GROUP WEBSITE AND ANY INCLUDED SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ERRORS, VIRUSES, MERCHANTABLE AND THAT IT IS FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WORLD DIGITAL GROUP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF.
13. INDEMNITY
You agree to indemnify and hold World Media Group, its officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you add to the Website, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
14. JURISDICTION
The Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and World Media Group agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York.
15. PARTIAL INVALIDITY
Any provision of this Terms of Use which is found to be invalid or unenforceable by any court in any jurisdiction shall not affect the validity or enforceability of the provision in other jurisdictions and shall not affect the validity or enforceability of the remaining provisions. The waiver or failure of World Media Group to exercise in any respect any right provided for in this Terms of Use shall not be deemed a waiver of any further right under this Agreement.
16. GENERAL
The Terms of Use constitute the entire agreement between you and World Media Group and govern your use of the Website, superseding any prior agreements between you World Media Group.
17. VIOLATION OF TERMS
You agree that monetary damages may not be a sufficient remedy for any breach of this Agreement and that World Media Group shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.