Last Revised: May 2023
- Purpose of the Application.
- Use of the Application.
- User Account Responsibility.
- Content/Activity Prohibited
- 5.Third-party Websites.
- 6.Linking to the Application and Social Media Features.
- 7.Third-party Applications.
- 8.Intellectual Property Notices.
- 9.Digital Millennium Copyright Act Compliance.
The Application is provided solely for educational purposes and the purposes of enabling communication between you and GCMD. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. You understand that by using the Application, you may be exposed to Content (as defined below) that you may find offensive, indecent, or objectionable, and that, in this respect, you use the Application at your own risk.
Please understand that any materials you contribute to the Application will be visible to other registered users. All shared protocols are the practices of individual institutions, and are NOT clinical recommendations. GCMD makes no warranty or guaranty related to the substance of any contribution or medical decision making tools. All users act upon information contained within the Application at their own risk.
GCMD grants you a non-exclusive right to access and use the Application and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Application shall be limited to non-commercial purposes unless you are otherwise expressly authorized by GCMD to use the Application for commercial purposes. You agree to use the Application only for lawful purposes, comply with all rules governing any transactions on and through the Application and comply with applicable laws.
If you are given or create a password to access the Application, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account and you agree to notify GCMD immediately of any unauthorized use of your account. GCMD is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the GCMD Services. GCMD reserves the right to investigate and take appropriate legal action against anyone who, in GCMD sole discretion, violates this provision, including without limitation, removing the offending communication from the GCMD Services and terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GCMD:
- Is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Exploits people in a sexual or violent manner;
- Contains sexually graphic imagery, violence, or offensive subject matter, or contains a link to an adult website;
- Solicits personal information from anyone under eighteen (18);
- Provides any telephone numbers, street addresses, las names, or email addresses;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- Relates to promoting illegal drugs;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, or which you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- 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;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles, contests, pyramid scheme, and/or soliciting goods or services) except as may be specifically authorized by GCMD;
- Includes a photograph of another person that you have posted without that person’s consent, or uses sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to the profile.
Please understand that through your use of the Application, you may have the opportunity to submit information, such as images or health-related information for review by other users. You agree that you will NOT use the Application in any way to facilitate or commit illegal activity, including, but not limited to, using the Application to upload and share images or data that violate criminal law, doctor-patient confidentiality, or any other applicable law or regulation. GCMD shall not be liable for any information that you upload or contribute to the Application.
Information presented or uploaded on the Application is intended to be educational and to facilitate discussion and learning between users. You warrant and represent before submitting any information to the Application that you have all requisite authorization and consent to do so, and any information you upload neither constitutes a violation of any applicable law or regulation, nor amounts to a violation of any recognizable privilege or expectation of confidentiality.
You also agree that you will not:
- Use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Application account, computer systems or networks associated with GCMD or the Application;
- Obtain or attempt to obtain any materials or information through the Application by any means not intentionally made available or provided by GCMD;
- Use any robot, spider, or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate GCMD, a GCMD employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Application may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Content on this Application;
- Send emails or other communications with certain Content, or links to certain Content, on this Application;
- Cause portions of Content on this Application to be displayed or appear to be displayed on your own or certain third-party websites.
You may use the feature solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you
- Cause our Application or any portion of it to be displayed, or appear to be displayed on any other website;
- Link to any part of the Application other than the homepage;
- Otherwise take any action with respect to the Content on this Application that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Application, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any link at any time without notice in our sole discretion.
You acknowledge that your access and use of any third-party applications or software on our Application and Content (the “Third-party Applications”) is at your discretion and risk, and GCMD has no liability to you arising from your use of the Third-party Applications. GCMD hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold GCMD harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
The Application and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Application or Content in any manner, except as expressly permitted by GCMD in these Terms. The Application or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of GCMD or applicable owner.
Copyright. You should assume that everything you see or read on GCMD’s Application is copyrighted unless otherwise noted and may not be used without the written permission of GCMD. GCMD neither warrants nor represents that your use of materials displayed on GCMD’s Application will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on GCMD’s Application is either property of, or used with permission by, GCMD. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on GCMD’s Application. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. “GCMD”, the GCMD logo, and other marks, logos, and icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property owned by GCMD. Nothing contained on GCMD’s Application should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on GCMD’s Application without the written permission of GCMD or such third party that may own a trademark displayed on GCMD’s Application. Your misuse of GCMD’s trademark(s) displayed on GCMD’s Application, or any other Content on GCMD’s Application, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Application is Your Content. In sharing Your Content on the Application, you warrant and represent you have the legal right to use Your Content and grant GCMD an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Application services as described in these Terms and in any posted policies on the Application. The Application services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our GCMD systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Application. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, GCMD or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Application by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GCMD to locate the material;
(iv) information reasonably sufficient to permit GCMD to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement that the information in the notification is accurate; and
(viii) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, GCMD will notify the alleged infringer of such takedown. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Counter Notification. If you elect to send our copyright agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(i) a physical or electronic signature;
(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) a statement under penalty of perjury that the subscriber has 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) adequate information by which we can contact you, including your name, address, and telephone number; and
(v) a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which GCMD may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter notice. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
GCMD’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is: Todd Ponsky 2191 Murray Hill Rd. Cleveland, Ohio 44106 firstname.lastname@example.org.
A summary of the DMCA can be obtained from the U.S. Copyright Office.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY GCMD TO YOU VIA THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. GCMD AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, GCMD AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APPLICATION OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT GCMD AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APPLICATION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER GCMD NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. GCMD FURTHER MAKES NO WARRANTY THAT THE APPLICATION WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT GCMD, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APPLICATION OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST GCMD FOR DISSATISFACTION WITH THE APPLICATION OR THE CONTENT IS TO CEASE YOUR USE OF THE APPLICATION AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
11. Limitation of Liability.
You agree to defend, indemnify and hold harmless GCMD and its affiliates, directors, officers, employees, and/or agents (collectively, “GCMD Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of GCMD Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Application, or from any other misuse of the Application. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of GCMD Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, GCMD reserves the right to assume the exclusive defense and control of any proceeding that relates to GCMD, the Application, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with GCMD in our defense thereof.
13. Termination and Restriction of Access.
In its sole discretion, GCMD may terminate or suspend your access to the Application for breach of these Terms. GCMD shall not be liable for any losses or damages arising from any such termination of service.
14. App Store Sourced App Representations
- Scope. With respect to the software and App accessed or downloaded from the Apple App Store (“App Store Sourced App”), you will use the App Store Sourced App only on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that you own or control, and as permitted by the “Usage Rule” set forth in the Apple App Store Terms of Service. GCMD reserves all rights in and to the App and software not expressly granted to you under these Terms.
- Acknowledgment. You acknowledge and agree that (i) the Terms are valid between you and GCMD only, (ii) Apple is not a party to this Agreement other than as a third-party beneficiary as contemplated below, and (iii) GCMD, not Apple, is solely responsible for the App Store Sourced App content.
- Scope of License. The license granted to you for the App Store Sourced App is limited to a non-transferable license to use the App Store Sourced App on any Apple device that you own or control and only as permitted by the Usage Rules.
- Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced App. GCMD is solely responsible for providing any maintenance and support services with respect to the App Store Sourced App, as specified herein or as required under applicable law.
- Warranty. GCMD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App Store Sourced App to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be GCMD’s sole responsibility.
- Product Claims. Notwithstanding anything to the contrary herein, and subject to these Terms, you and GCMD acknowledge that GCMD, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App Store Sourced App or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. You and GCMD acknowledge and agree that if the App Store Sourced App, or your possession and use of the App Store Sourced App, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims. GCMD is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Legal Compliance. you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. Owner’s name is Bobbin, LLC dba GlobalCastMD and Owner’s contact information to which your questions, complaints, or claims with respect to the App Store Sourced App should be directed as follows: 1999 Circle Drive, Suite B, Cleveland, OH 44106. GCMD’s contact information to which you should direct your questions, complaints, or claims with respect to the App Store Sourced App is email@example.com
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- Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Terms regarding App Store Sourced Apps, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Agreement regarding App Store Sourced Apps against you as a third-party beneficiary thereof.
At its sole discretion, GCMD may require you to submit any disputes arising from use of the Application, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Application, you hereby consent to submission of any dispute to be final and binding arbitration.
16. Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms or the Application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
17. Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Application.
GCMD may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by GCMD. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Application after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GCMD as a result of these Terms or use of the Application. You may not assign these Terms without the prior written consent of GCMD in all instances. GCMD may assign these Terms, in whole or in part, at any time. GCMD’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of GCMD’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by GCMD with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
20. GCMD Contact Information.
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us by email at firstname.lastname@example.org or by telephone at 216-293-5034.