GlobalCastMD.com Terms of Service
1. Your relationship with GlobalCastMD.com
1.1 Unless otherwise agreed in writing with GlobalCastMD.com, your agreement with GlobalCastMD.com will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by GlobalCastMD.com in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that GlobalCastMD.com will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Provision of the Services by GlobalCastMD.com
3.1 GlobalCastMD.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GlobalCastMD.com provides may change from time to time without prior notice to you.
3.2 You acknowledge and agree that if GlobalCastMD.com disables access to your account, deleted your account altogether, or edits your account access, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GlobalCastMD.com will always be accurate, correct and up to date.
4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.3 You agree that you are solely responsible for (and that GlobalCastMD.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GlobalCastMD.com may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to GlobalCastMD.com for all activities that occur under your account.
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with GlobalCastMD.com’s privacy policies.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GlobalCastMD.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GlobalCastMD.com or by the owners of that Content, in a separate agreement.
7.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.4 You agree that you are solely responsible for (and that GlobalCastMD.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GlobalCastMD.com may suffer) by doing so.
8. Proprietary rights
8.1 Unless you have agreed otherwise in writing with GlobalCastMD.com, nothing in the Terms gives you a right to use any of GlobalCastMD.com’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9. Intellectual Property; Limited Use of Content
9.1 All contents of this web site are Copyright © 2012 GlobalCastMD.com. All rights reserved.
9.2 All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this web site and all names, terms, logos, slogans, images and other indicia identifying GlobalCastMD.com’s products or services are proprietary marks belonging to GlobalCastMD.com.
9.3 The names of companies and products not owned by GlobalCastMD.com and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to GlobalCastMD.com. without the express written permission of GlobalCastMD.com. is strictly prohibited.
9.4 You are authorized to view or download a single copy of the material on the web site solely for your personal, noncommercial use.
9.5 Nothing contained in this web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
10. Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GlobalCastMD.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling GlobalCastMD.com to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
10.2 You understand that GlobalCastMD.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit GlobalCastMD.com to take these actions.
10.3 You confirm and warrant to GlobalCastMD.com that you have all the rights, power and authority necessary to grant the above license.
10.4 You hereby grant to GlobalCastMD.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to GlobalCastMD.com through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
10.5 GlobalCastMD.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GlobalCastMD.com operations.
11. Online Policies.
11.1 You agree that the purpose of the site is to come together as a community to exchange ideas, respectfully agree and disagree, and communicate effectively on common ground. GlobalCastMD.com will not tolerate libelous, rude, harassing, threatening or angry behavior or impersonating any other person’s or entities.
11.2 You are solely responsible for your interactions with other GlobalCastMD.com members. GlobalCastMD.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11.3 By using the site you understand and agree that:
(A) GlobalCastMD.com takes no responsibility for the views or posts of the individual users of this site. Responsibility for the content of posts is held by the user submitting the content.
(B) GlobalCastMD.com can and will delete/edit/remove any post/comment/user account at anytime and without warning.
12. Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the GlobalCastMD.com Services. GlobalCastMD.com reserves the right to investigate and take appropriate legal action against anyone who, in GlobalCastMD.com sole discretion, violates this provision, including without limitation, removing the offending communication from the GlobalCastMD.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GlobalCastMD.com:
12.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
12.2 harasses or advocates harassment of another person;
12.3 exploits people in a sexual or violent manner;
12.4 contains nudity, violence, or offensive subject matter or contains a link to an adult website;
12.5 solicits personal information from anyone under 18;
12.6 provides any telephone numbers, street addresses, last names, or email addresses;
12.7 promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, 12.8 obscene, defamatory or libelous;
12.9 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
12.10 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
12.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12.12 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12.13 includes a photograph of another person that you have posted without that person’s consent; or
for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
13. Ending your relationship with GlobalCastMD.com
13.1 The Terms will continue to apply until terminated by either you or GlobalCastMD.com as set out below.
13.2 If you want to terminate your legal agreement with GlobalCastMD.com, you may do so by closing your accounts for all of the Services which you use, where GlobalCastMD.com has made this option available to you.
13.3 GlobalCastMD.com may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) GlobalCastMD.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTION 14, SHALL EXCLUDE OR LIMIT GlobalCastMD.com’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, GlobalCastMD.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GlobalCastMD.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. LIMITATION OF LIABILITY
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GlobalCastMD.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GlobalCastMD.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by GlobalCastMD.com on the Services are subject to change without specific notice to you.
16.3 In consideration for GlobalCastMD.com granting you access to and use of the Services, you agree that GlobalCastMD.com may place such advertising on the Services.
16.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GlobalCastMD.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17.1 The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GlobalCastMD.com has no control over such sites and resources, you acknowledge and agree that GlobalCastMD.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
17.2 You further acknowledge and agree that GlobalCastMD.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17.3 You acknowledge and agree that GlobalCastMD.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18. Collaborative services
18.1 If you are using a collaborative service of this site, such as a discussion forum, article submission, or commenting system, use of these services is covered by a code of conduct.
18.2 You agree that you cannot use the collaboration services to threaten, harass, stalk, or abuse others participating in these services. We reserve the right to remove postings that are deemed inappropriate or offensive, and may also eject or ban any participant who behaves in a manner deemed inappropriate, or offensive from using the forums.
18.3 You agree that you cannot use the collaborative services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information, specifically, but not limited to, child pornography, bestiality and incest. Also, you may not use these services for chats relating to illegal drugs.
18.4 You agree that you are not permitted to “spam” through the collaborative services. To spam includes sending identical and irrelevant submissions to many different discussion groups, mailing lists, chats or communities. To spam also includes misrepresenting the source of anything you say or post. We reserve the right to remove “spam” and to ban a user at any time, without notice, from any or all collaborative services for spamming.
18.5 You understand that as a user of the Services, you are responsible for anything you say or post and for protecting your own computer system. You are responsible for any actions you may take based on advice or information you receive online.
18.6 You agree to use your own good judgment when evaluating information provided through any collaborative service, remember that the information provided could be from people at any age and experience level.
18.7 You understand that the decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.
19. Changes to the Terms
19.1 GlobalCastMD.com may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, GlobalCastMD.com will make a new copy of the Universal Terms available here http://globalcastmd.com/about/privacy-policy/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed (GlobalCastMD.com has no obligation to notify you of such changes), GlobalCastMD.com will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 You agree that if GlobalCastMD.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GlobalCastMD.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of GlobalCastMD.com’s rights and that those rights or remedies will still be available to GlobalCastMD.com.
20.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.4 The Terms, and your relationship with GlobalCastMD.com under the Terms, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and GlobalCastMD.com agree to submit to the exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GlobalCastMD.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.