4. Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:
4.1 You have the legal right to post the content to the Services.
4.2 The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
4.3 The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
4.4 The content does not include non-public personal private information belonging to someone else, such as another person’s birthdate, home address, or telephone number.
4.5 The content complies with the MedBound’s Community Guidelines. You are responsible for your use of the Services and for any content that you post. MedBound does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does MedBound endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and MedBound does not take responsibility for such content.
4.6 With respect to any content you contribute that uses any third party services (example, but not limited to YouTube. Daily Motion, etc) via MedBound Times you affirm that—in addition to complying with MedBound Times own Terms and Community Guidelines.
4.A ZERO TOLERANCE POLICY: MedBound Times has zero tolerance for objectionable content or abusive users.
5. Right to Distribute: You grant to MedBound Times a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that MedBound Times or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you. You warrant that you have all rights necessary to grant these rights to MedBound Times and other members of the MedBound Times community. You also grant a limited non-exclusive, royalty-free license to any MedBound Times community member to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to the Services solely in connection with that member’s use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.
6. Copyright infringement is not allowed on the Services, and MedBound Times will, in appropriate circumstances, terminate the account of any repeat infringer. If your copyright has been infringed by any content on the Services and you did not grant a license for this use by uploading your copyrighted work to the Services, you may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C 512(c)(3), to our Copyright Manager at privacy@MedBound.com. Your notice must include: (1) electronic or physical signature of the copyrighted work owner (or person authorized by the copyright owner), (2) a description of the copyrighted work, including the URL where the infringing content is available, or a copy of it, (3) contact details of the person submitting the notice, including email address, telephone, and mailing address, (4) statement in “good faith belief” that the work is not authorized by the copyright owner, and (5) a statement by the sender that all of the above information is accurate, and that the person sending the notice is either the copyright owner or is authorized to act on behalf of the copyright owner. Upon receiving a notice satisfying these requirements, MedBound Times will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the services.
7. You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating MedBound Times or the Services; by accessing the Services for any purpose that competes with the interests of MedBound Times; by spamming MedBound Times community members; by failing to respond to operational communications or requests from MedBound Times; or through any other type of interference with the Services or MedBound Times relationships with others.
8. MedBound Times may remove any content and terminate your access to the Services at any time and for any reason to the extent MedBound Times reasonably believes
(a) You have violated these Terms or Med-bound Times Community Guidelines
(b) You create risk or possible legal exposure for MedBound Times
(c) You are otherwise engaging in unlawful conduct—although MedBound Times endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by MedBound Times to you to use the Services or submit content to the Services, or the fact that MedBound Times may receive a benefit from your use of the Services or provision of content to the Services, will not obligate MedBound Times to maintain any content or maintain your access to the Services. MedBound Times will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services.
9. You agree to receive communications from MedBound Times, including communications sent by phone, email, text message, or other means of communication. If you have provided Email ID to MedBound Times, you are required to notify MedBound Times when you cease to own or control that Email ID to help prevent MedBound Times from sending communications to others who may acquire that Email ID.
10. The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.
MEDBOUND TIMES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MedBound Times makes no representation or endorsement about the function of the Services or any content available through the Services. MedBound Times has no responsibility or liability to you arising from your use of the Services. MedBound Times has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although MedBound may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. MedBound Times has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, MEDBOUND TIMES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDBOUND ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MEDBOUND TIMES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT MEDBOUND HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
11. Applicable law and jurisdiction. The laws of the State of Illinois, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and MedBound Times. All disputes related to these Terms or the Services will be brought solely in the state or federal courts located in Cook County, Illinois, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
12. You affirm that you are competent to agree to be bound by this Agreement.
13. MedBound Times cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.
14. MedBound Times may modify the Terms of this Agreement in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, MedBound Times endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and MedBound Times pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by MedBound Times or anyone associated with MedBound Times, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.