TERMS AND CONDITIONS OF USE
(Effective Date: 8/17/2017)
Access to and use of this Site are subject to the following terms and conditions and all applicable laws.
Given the nature of the Internet, even though the Site is targeted to US residents only, it may be accessed in other parts of the world. If you are not a US resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of Dr. D. Inc.) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A US RESIDENT , BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON Dr. D. Inc’s US SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Your use of certain Site Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional terms and conditions (“Special Rules”), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these TOS as if fully set forth herein.
RESTRICTIONS ON ACCESS AND USE
Age Restriction. You must be at least 21 years of age or have a valid medical cannabis recommendation from a licensed physician to access this Site. We restrict our Site and marketing contact list to individuals who have certified that:
1. they are 21 years of age or older or have a valid physicians recommendation for cannabis,
2. they want to be added to our contact list in order to receive content, offers, and advertising from a cannabis and hemp company, and
3. they understand that providing false information may constitute a violation of law.
Geographic Restrictions. You agree that you will not access this Site from any territory where the content or use of the Site is illegal. You are solely responsible for complying with all applicable local laws.
Accessing the Site. You agree that you will not access this Site by any means except through the interface provided by us for access to this Site.
Ordering. You agree not to use any false, inaccurate or misleading information when signing up for your account to place orders.
Using your account. Only you may use your account on our forums. You must keep your account details, and password confidential. You are responsible for all activity that occurs under your account, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us.
Updating your contact information. You have the ability to correct or change certain information in our records. Generally, you may change this information at any time and as often as necessary by visiting the “My Profile” page on the Site and following the onscreen instructions to update your information.
Subscribe. If you are not already subscribed, you can subscribe to receive email communications by visiting the “Subscribe” box on the Site and following the onscreen instructions to sign-up to receive email communications.
Modify or Unsubscribe. If you have provided us with your email address to subscribe to one of our services and you wish to change your address or no longer wish to receive these communications, simply follow the unsubscribe instructions that appear in those email communications.
Closing or suspending your account.
By You. You can close your account at any time and for any reason. If you have any problems with the Terms or with the Site your sole and exclusive remedy is to cease using the Site.
By Us. We may terminate or suspend your account or access to all or part of this Site, at any time and without notice, for any reason or for no reason.
Consent to Transfer
The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our website, participating in any of our services and/or providing us with your information, you consent to this transfer.
Your Acceptance of These Terms
OWNERSHIP; RESTRICTIONS ON USE
The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Dr. D. Inc. and/or its licensors and are protected by applicable US and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except: (i) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOS. Notwithstanding the foregoing, you hereby grant to Dr. D. Inc. the rights as set forth in the section “USER SUBMISSIONS; GRANT OF LICENSE TO Dr. D. Inc.; YOUR WARRANTIES AND REPRESENTATIONS” below. Unless expressly authorized by Dr. D. Inc. pursuant to these TOS, or unless you have otherwise obtained Dr. D. Inc. ‘s written permission (such as for example, but not limitation, as part of specific instructions provided on the Site, including, without limitation, as part of any Special Rules), you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Dr. D. Inc. and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws.
LICENSES GRANTED TO YOU
Subject to these TOS (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), Dr. D. Inc. hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”):
(1) the License to access, view and otherwise use the Site (including, without limitation any services provided on or through the Site) for your personal, lawful use only, as intended through the normal functionality of the Site;
(2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a “Site Widget”);
(3) the License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media;
(4) the License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends;
(5) if the Site includes a “Send to Friend” tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site’s servers convey your message to your friend;
(6) if the Site includes a “Download” link next to a piece of Site content (including, without limitation, an image, a music track, or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only;
(7) if the Site enables you to download Software, the License to install and use one copy of the Software on your personal computer system in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that
(i) by allowing you to download the Software, Dr. D. Inc. does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Dr. D. Inc. and/or its third party Software licensor) will retain full and complete title to such Software;
(ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Dr. D. Inc.;
(iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect;
(iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
(v) because the laws and regulations of the US restrict the export and re-export of commodities and technical data of US origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of the US or any foreign jurisdiction, and in addition, you represent and warrant that you are not a national or resident of any country to which the US has embargoed goods, or on the US Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders;
(8) the License to obtain a registered personal account (and related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities;
(9) the License to use any other functionality expressly provided by Dr. D. Inc. on or through the Site for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following:
(1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws”), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content;
(2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content;
(3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by Dr. D. Inc.) purpose;
(4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
(5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so;
(6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof);
(7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content;
(8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content;
(9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content;
(10) you will not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of Dr. D. Inc.’s products, services or brands, unless otherwise specifically permitted by Dr. D. Inc.;
(11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to Dr. D. Inc. ‘s full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
(12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Dr. D , Dr. D. Inc. or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative);
(14) you will not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof; and
(15) you will use the Site and the Licenses at all times in compliance with these TOS and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE TO Dr. D. Inc.; YOUR WARRANTIES AND REPRESENTATIONS
a) The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or via the Site (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom.
Except as may otherwise be provided in any Special Rules, it is not Dr. D. Inc. ‘s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but Dr. D. Inc. may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Site, you automatically grant to Dr. D. Inc. and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the ” Dr. D. Inc. License”) to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Dr. D. Inc.’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Dr. D. Inc. License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or Dr. D. Inc. terminates your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO Dr. D. Inc. OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT Dr. D. Inc. AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE Dr. D. Inc. LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO Dr. D. Inc. THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE Dr. D. Inc. AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE Dr. D. Inc. LICENSE. You acknowledge and agree that:
(i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and
(ii) Dr. D. Inc. and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Dr. D. Inc. that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Dr. D. Inc. the Dr. D. Inc. License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Dr. D. Inc. will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Dr. D. Inc. upon Dr. D. Inc.’s request.
b. Dr. D. Inc. is not responsible for any loss, theft or damage of any kind to any User Submissions.
c. You acknowledge that Dr. D. Inc. does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that Dr. D. Inc. (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by Dr. D. Inc. in its sole discretion. Dr. D. Inc. shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users’ User Submissions) that violate these TOS or are otherwise objectionable, as determined by Dr. D. Inc. in its sole discretion, as well as terminate your and/or any Site user’s continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). Dr. D. Inc. does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of Dr. D. Inc. or any of its affiliates. Dr. D. Inc. disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Dr. D. Inc. or any of its affiliates with respect to such User Submissions.
d. If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Dr. D. Inc. may maintain copies for archival purposes.
e. Dr. D. Inc. reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements.
f. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
THIRD PARTY LINKS
Dr. D. Inc. sites may link to and/or contain advertisements about non- Dr. D. Inc. owned or controlled Web sites or other Internet resources. You acknowledge and understand that Dr. D. Inc. does not endorse or sponsor such other third party Web sites or other Internet resources and Dr. D. Inc. EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
NO MEDICAL ADVICE
While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither Dr. D. Inc., Dr. Davidson and/or the other experts on the Site, nor the Site itself, nor members of the Site are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS
PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, Dr. D. Inc. AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither Dr. D. Inc. nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet resources linked to the Site and assume no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof);
(iii) any unauthorized access to or use of Dr. D. Inc.’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or
(vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by Dr. D. Inc. herein. Dr. D. Inc. reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Site Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL Dr. D. Inc. OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Dr. D. Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dr. D. Inc.’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless Dr. D. Inc. and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from
(i) any of your User Submissions,
(ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOS,
(iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS,
(iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or
(v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). Dr. D. Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dr. D. Inc. in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
Dr. D. Inc. respects the intellectual property rights of others. Upon proper notice, Dr. D. Inc. will remove User Submissions (and any other Site content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, Dr. D. Inc. has implemented procedures for receiving written notification of claimed copyright infringement on the Site and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send Dr. D. Inc.’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information:
(i) identification of the copyrighted work claimed to have been infringed;
(ii) identification of the claimed infringing material and information reasonably sufficient to permit Dr. D. Inc. to locate the material on the Site;
(iii) information reasonably sufficient to permit Dr. D. Inc. to contact you, such as an address, telephone number, and, if available, an e-mail address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
Dr. D. Inc.
ATTN: General Counsel
5011 Swenson St Suite 22B
Las Vegas, NV 89119
By submitting an Infringement Notification, you acknowledge and agree that Dr. D. Inc. may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Site, you may send Dr. D. Inc. a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to Dr. D. Inc.’s address above, and include substantially the following information:
(i) your physical or electronic signature;
(ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site;
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Northern District of Illinois, for addresses outside the US) and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Dr. D. Inc. may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
Code of Conduct. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and any related services. You agree not to misuse the Site or help anyone else to do so. For example, you MUST NOT do any of the following in connection with the Site:
-Share Your password to this Site and/or forum.
-Circumvent any restrictions on access to the Site.
-Violate the Standard for Robot Exclusion and this Site’s robots.txt files.
-Create deep links to any content on the Site. (You may not link to any page on this Site except our home page).
-Do anything illegal.
-Share, post or otherwise make available inappropriate content (involving, for example, libelous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic, graphic violence, or otherwise objectionable material).
-Engage in any activity that is harmful to you, the Site, Users, or others (e.g., transmitting viruses or worms, stalking, harassment, threatening others, communicating hate speech, or advocating violence against others).
-Engage in activity that is false or misleading (e.g., impersonating someone else).
-Infringe upon the rights of others (e.g., unauthorized sharing of content that is protected by copyright, trademark or other proprietary right).
-Engage in activity that violates the privacy of others.
-Send solicitations (e.g., charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents, or other types of solicitations)
-Send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
-Help others break these rules.
How we handle code of conduct violations
We are not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to or accessed or transmitted through this Site. However, we reserve the right to delete, block and/or remove any information or materials that we, in our sole discretion, deems to be unlawful, inappropriate or otherwise unacceptable to us or any other party. If notified of any such information or materials on this Site, we will determine in our sole discretion whether to remove such content from this Site or re-post such content to this Site.
When investigating alleged violations of these Terms, we reserve the right to review your content in order to resolve the issue. You understand and agree that if we, in our sole discretion, believes that you have violated any of the above rules we may:
Remove, block or refuse to publish your content for any reason.
Disable, suspend, or terminate your account/username or otherwise prohibit you from accessing or using the Site.
CONTENT ON THE SITE
a. Contests and Sweepstakes. This Site provides Official Rules for certain activities including, without limitation, sweepstakes, contests, e-mail services, and electronic postcards. Each has its own rules, which you must read and agree to before you may enter.
b. Third-Party Content. We have no control over the information provided by other Users and does not (and cannot) monitor information shared on or via the Site. You should use caution and common sense when interacting with other Users. We encourage you not to share, post or otherwise disclose personally identifying or other sensitive information to other Users on this Site.
c. Third Party Links. At certain places on this Site, Users may be able to access other Internet addresses via links. You acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link or reference to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, association, recommendation or favoring by us.
You acknowledge and agree that any opinions, advice, statements, services, offers, or other information or content expressed in such websites are those of the respective author(s) or distributor(s) and not of us. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through third party websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
WARNING: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
INTELLECTUAL PROPERTY ISSUES
a. Copyright and Trademark Notice
This Site and its contents are, or may be protected by copyright, trademark, patent and other laws of the United States and may be protected by the same or similar laws of other countries. The marks appearing on this Site are our trademarks or the marks of our affiliates and subsidiaries. All other trademarks, service marks, trade names, service names and logos appearing on this Site or accessed via this Site are the property of their respective owners who are neither sponsors nor affiliated with us, or this Site. Except as specifically permitted by these Terms, any copying, reproduction, display, or retransmission of the contents or any portion of the contents of this Site is strictly prohibited.
SITE AVAILABILITY AND CHANGES
Changes to the Site.
a. The Site or content on the Site may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We are not liable for any disruption or loss you may suffer as a result.
b. We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at this Site. We may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
Changes to these Terms. We reserve the right to change these Terms at any time at our sole and exclusive discretion. We will post a notice of changes to these Terms on this Site. By continuing to use this Site after a change is made, you accept and agree to be bound by the modified Terms. Only we may alter these Terms.
THESE TOS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA OR NEVADA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, OR THE SITE THE BREACH OF THESE TOS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, Each Party agrees that any and all disputes that may arise out of these TOS or out of each Party’s relationship with the other shall be submitted for resolution to the American Arbitration Association’s (“AAA”) California or Nevada office. In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the APPROPRIATE COURT in the same state as arbitration. If either Party desires arbitration, it agrees to serve written notice of the arbitration with the other Party and the AAA’s California or Nevada office.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY MOTION PICTURE, PRODUCTION OR PROJECT RELATED TO Dr. D. Inc. OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH MOTION PICTURE, PRODUCTION OR PROJECT.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. The failure of Dr. D. Inc. to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
You understand and agree that Dr. D. Inc. may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. Dr. D. Inc. may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT Dr. D. Inc. MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER Dr. D. Inc. NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Dr. D. Inc.-or any Dr. D. Inc. affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
CHANGES IN SITE OWNERSHIP
DISCLAIMER OF WARRANTIES AND LIABILITIES
We and our suppliers provide this Site and any related products or services “as is” and without any warranty or condition, express, implied or statutory. Use of this Site is at your sole risk. We do not guarantee continuous, uninterrupted, error-free or secure access to this Site or our services, and operation of this Site may be interfered with by numerous factors outside of our control. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow this disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may have other legal rights which vary from state to state.
We disclaim any liability for any damages, losses, injuries, or expenses caused by, arising or resulting from, or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the foregoing or for any defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.
Limitation of Liability.
In no event shall we or our subsidiaries and affiliates, or their respective officers, directors, employees, agents, vendors, or suppliers be liable for lost profits or any special, indirect, punitive, incidental or consequential damages arising out of or in connection with this Site, the services available on this Site or this Agreement (however arising, including, without limitation, negligence). And even if it has been advised of the possibility of such damages, our liability to you for all losses, damages, injuries, and claims of every kind (whether claimed under contract, negligence, tort or other legal theory) will under no circumstances exceed the amount you paid to access this Site. However, in certain states the law may not permit us to limit or exclude liability for these special, incidental, consequential or lost profit damages.
Indemnity. You agree to indemnify and hold us and our parent, and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Exceptions to Arbitration Agreement. Dr. D. Inc. may bring a lawsuit to stop abuse of the Site, intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), defamation or libel without first engaging in arbitration or the informal dispute-resolution process described above. Neither the agreement to cooperate nor the agreement to arbitrate prevent us from:
(1) removing, blocking or refusing to publish your content for any reason; or
(2) disabling, suspending, or terminating your account/username or otherwise prohibiting you from accessing or using the Site.
No Class Actions. You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding will be brought in the federal or state courts of California and/or Nevada. You consent to venue and personal jurisdiction there.
SPECIAL NOTICE TO NEW JERSEY RESIDENTS
We intend for these Terms, including the terms in the sections titled “Our Warranties and Disclaimers”, “Liability for our Services” and “Resolving Disputes,” as modified by this paragraph, to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion hereof is held invalid, that the balance shall, notwithstanding, continue in full force and effect. Notwithstanding any language in these Terms to the contrary, we agree that:
(a) the limitation on liability will not apply to claims brought by New Jersey consumers for damages caused by our intentional, reckless or grossly negligent conduct and
(b) the indemnification obligations will not apply to claims caused by our intentional, reckless or grossly negligent conduct. If one or more other provisions of these Terms are deemed to be illegal or unenforceable under New Jersey law, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable to the fullest extent permitted by law.
ELECTRONIC SIGNATURE AND NOTICES
Electronic Signature. Your affirmative act of agreeing to access the site by verifying your age, subscribing to our email list, and/or creating an account on our forum on the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. All agreements completed electronically will be deemed to be in writing and legally enforceable as a signed writing for all legal purposes.
Electronic Notices. You also agree that we may send you notices or other communications in electronic form (e.g., emails, banners, etc.). We may send you electronic notices or other communications to the email address(es) that you provide to us, or by posting any notices or other communications on this Site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery.
You have no agency, partnership, or joint venture with us by using this website. No employee-employer or franchise-franchisee relationship is intended or created with us by using this website.
The information, software, products, offers, data and services published on this Site may contain inaccuracies or typographical errors which we reserve the right (without notice) to unilaterally correct.
If any provision of this Agreement is held to be unlawful, void, invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
A printed version of this Agreement, and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form.