Last Revised May 24, 2022
Mediflix has assembled world renowned experts, global medical institutions, research foundations, and disease specific communities to provide accurate, up-to-date, and relevant information (“Content”) critical to those looking for answers and information to manage their health concerns.
before using the mediflix platform, please read the following terms carefully. by accessing, browsing, using, and registering and/or subscribing with, the mediflix platform, you acknowledge that you have read, understood, and agree to be bound by the following terms, including the rules, and any future modifications to the terms. if at any time you do not agree to the terms, please immediately terminate your use of the mediflix platform.
health information disclaimer. not medical advice.
The information presented on or generated by or through the Mediflix Platform is provided for informational purposes only and is not intended to be, and should not be interpreted as, medical advice. Mediflix does not endorse or recommend any diagnosis of any condition or any specific treatment plan, product, course of action or medical facility or healthcare provider. Neither you nor your health care provider may use the Mediflix Platform to diagnose a health problem or disease, or as a means of determining treatment.
The Mediflix Platform is not intended as a substitute for the advice provided by any User’s physicians or health care providers and does not directly consider individual health status. Accessing or using the Mediflix Platform does not constitute a provider-patient encounter or establish a provider-patient relationship with Mediflix or with any provider or facility which contributes (“Contributor”) content to or appears on the Mediflix Platform. As a condition of accessing the Mediflix Platform, you agree that the only health advice received will be from your health care provider, and not from Mediflix or any of its principals, employees, contractors or agents, or any of the content Contributors on the Mediflix Platform. Mediflix disclaims all responsibility for services or activities provided outside the Mediflix Platform by any vendor, entity, physician or other individual or facility that may appear on any content on the Mediflix Platform.
always seek the advice of a physician or qualified health provider with any and all questions you may have regarding a medical condition or proposed treatment. the mediflix platform is not intended in any way to be a substitute for professional medical advice. the mediflix platform cannot diagnose, treat, cure, or prevent any disease or medical condition. never disregard medical advice or delay seeking such advice because of something on the mediflix platform, its content or links.
if you think you may have a medical emergency, call your doctor or 911 immediately.
You must be 18 years of age or older to become a subscriber to the Mediflix Platform. While individuals age 13 years to 18 years may use the Mediflix Platform, they must do so only with the consent and involvement of a parent or legal guardian, under such person’s registration or subscription and otherwise subject to these Terms. Mediflix does not seek through this Mediflix Platform to gather personal information from or about persons under the age of 13.
Mediflix Platform Access.
Mediflix offers three levels of access to the Mediflix Platform: public, registration (content available for those Users who provide limited personal information), and subscription (access to all Mediflix Content for Users who pay or on whose behalf a third party pays the subscription fee). Certain registrations or subscriptions may include or enable multiple User Accounts. Mediflix grants through the registering or subscribing person each User the right to use its Mediflix Platform as set forth in these Terms, as follows (i) you use the Mediflix Platform solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Mediflix Platform in any medium without Mediflix’s prior written authorization; (iii) you do not alter or modify any part of the Mediflix Platform other than as may be reasonably necessary to use the Mediflix Platform for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Mediflix Platform is operated and offered by Mediflix in the United States of America. Mediflix makes no representations that the Mediflix Platform is appropriate or available for use in other countries. If you are accessing or using the Mediflix Platform from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.
We reserve the right to withdraw or amend this Platform, and any Content or service provided on the Platform, in Mediflix’s sole discretion without notice. Mediflix will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered and/or subscribed Users.
User Responsibility for Devices, Internet, Security and Access.
Ownership; Proprietary Rights
The Mediflix Platform, including all Content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, User experience, arrangement of Content, and all other elements of the Mediflix Platform that are provided by Mediflix (“Mediflix Content”) are owned and/or licensed by Mediflix or offered under rights granted by Content Contributors and are legally protected, without limitation, under U.S. federal and state laws and regulations. Except as expressly authorized by Mediflix, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Mediflix Platform or Mediflix Content. Mediflix reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest in the Mediflix Content, except for the limited rights expressly set forth in these Terms.
We reserve the right to limit access to any Mediflix Content that we offer. We reserve the right to discontinue any content at any time. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations.
Termination. We reserve the right to immediately terminate your registration or subscription at our sole discretion, for any reason including but not limited to violation of these Terms. Registrations or subscriptions terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated.
The Mediflix Platform may now or in the future permit you and other Users to post or link media, text, ideas, questions, or other information or content (“User Content”). Mediflix makes no representations that your User Content will remain available via the Mediflix Platform in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE MEDIFLIX PLATFORM IS MADE PUBLICLY AVAILABLE TO USERS OF THE MEDIFLIX PLATFORM, AND MEDIFLIX DOES NOT OFFER OR GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT OFFER OR GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
Grant of Rights.
By submitting User Content to Mediflix, you hereby grant Mediflix a worldwide, nonexclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Mediflix Platform and Mediflix’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Mediflix Platform (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Mediflix, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Mediflix Platform a nonexclusive license to access your User Content through the Mediflix Platform, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Mediflix Platform and these Terms. The above licenses granted by you in the User Content you submit to the Mediflix Platform shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Mediflix Platform User account, or any User Content following any deactivation or deletion of your Mediflix Platform User account, you may specifically notify Mediflix regarding the termination of the foregoing license from you to Mediflix, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Mediflix. You understand and agree, however, that even following such termination, Mediflix may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
User Representations and Warranties Regarding User Content.
You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Mediflix to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Mediflix and these Terms, and to grant the rights and licenses set forth in this Section, and (iii) your User Content, Mediflix’s use of such User Content pursuant to these Terms, and Mediflix’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Mediflix Platform, your User Content or its posting on, or submission to, the Mediflix Platform, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
No Responsibility for User Content.
With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.
Contributor Content Disclaimer.
You understand that when using the Mediflix Platform you may be exposed to Content as described above (the “Contributor Content”) from a variety of sources and that you may be exposed to Contributor Content that is inaccurate, sensitive, or otherwise objectionable. While Mediflix sources Content from providers and institutions it believes to be appropriate and credible in the subject areas on the Platform, Mediflix does not endorse any Contributor Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Mediflix be liable in any way for or in connection with the Contributor Content, including, but not limited to, for any inaccuracies, errors or omissions in any Contributor Content, any intellectual property infringement or misappropriation with regard to any Contributor Content, or for any loss or damage of any kind incurred as a result of the use of any NonMediflix Content posted, emailed or otherwise displayed or transmitted through the Mediflix Platform. Mediflix nonetheless assumes no responsibility for the Contributor Content, no obligation to modify or remove any Contributor Content, no obligation to continue to monitor the Contributor Content and no responsibility for the conduct of any person or entity submitting any such Contributor Content. You agree that you must evaluate, and bear all risks associated with the use of any Contributor Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such Contributor Content.
Non-Monitoring of User Content.
You understand that you, and not Mediflix, are entirely responsible for all User Content that you access, upload, post, email, transmit or otherwise make available through the Mediflix Platform. Mediflix does not control User Content and does not have any obligation to monitor such User Content for any purpose. If at any time Mediflix chooses, in its sole discretion, to monitor the User Content, Mediflix nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, no obligation to continue to monitor the User Content and no responsibility for the conduct of the User or other person or entity submitting any such User Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content.
Removal of Contributor Content.
Contributors may amend or remove their own Contributor Content at any time, upon request to Mediflix and without notice to Users. Likewise, Mediflix shall have the right (but not the obligation) in its sole discretion to refuse to post or remove any Contributor Content that is available on the Mediflix Platform in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
Prohibited Uses of the Mediflix Platform.
As a condition of your use of the Mediflix Platform, you hereby represent and warrant that you will not use the Mediflix Platform for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
- Any use by you of any of the Mediflix Content and Mediflix Platform other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Mediflix Platform or Contributor Content obtained through the Mediflix Platform, for any purpose other than for your personal use.
- You agree not to create derivative works of the Mediflix Platform content, unless permitted under these Terms or with the prior written authorization of Mediflix and any applicable licensors.
- You agree not to use the Mediflix Platform if you do not meet the eligibility requirements described herein.
- You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Mediflix Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Mediflix Platform or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Mediflix Platform with the intended result of denying service to other Users.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any securityrelated features of the Mediflix Platform, features that prevent or restrict the use or copying of any part of the Mediflix Platform, or features that enforce limitations on the use of the Mediflix Platform.
- You agree not to attempt to gain unauthorized access to the Mediflix Platform or any part of it, including gaining access or attempting to gain access to another user’s subscription, computer systems or networks connected to the Mediflix Platform or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Mediflix Platform or any activities conducted through the Mediflix Platform.
- You agree not to obtain or attempt to obtain any materials or information from the Mediflix Platform through any means not intentionally made available through the Mediflix Platform or your participation thereon. You agree neither to modify the Mediflix Platform in any manner or form, nor to use modified versions of the Mediflix Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Mediflix Platform or for the removal of any proprietary notices or labels on the Mediflix Platform.
- You agree that you will not use any means to access the Mediflix Platform for any purpose without our express prior written permission or bypass measures we may use to prevent or restrict access to the Mediflix Platform.
- You agree not to use framing techniques to enclose any trademark, logo, or other Mediflix Content without our express prior written consent. You agree not to use any meta tags or any other “hidden text” using Mediflix’s name or trademarks without Mediflix’s express prior written consent.
- You agree not to use any Mediflix logos, graphics, or trademarks as part of the link without our express prior written consent.
- You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Mediflix Platform to any third party.
- You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Mediflix Platform or to insert your own or a third party’s advertising, branding or other promotional content on the Mediflix Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to post, transmit or otherwise disseminate through the Mediflix Platform any User Content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, slanderous, vulgar, sexually explicit, pornographic, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is false, misleading, derogatory or harmful to our reputation, any User’s reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would incite violence, be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) includes advertisements or solicitations of business, products, or services; or (v) involves any material that could be harmful to minors in any manner.
Unauthorized or prohibited use of the Mediflix Platform or the Mediflix Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Social Media Component.
Certain sections of the Mediflix Platform may include links to social media sites. The Mediflix Platform may personalize and otherwise enhance your experience based on your social media information, such as your basic information, likes and interests. Please pay careful attention to your social media settings in your account as well as your privacy settings on the Mediflix Platform which will impact this feature and may give you some control over the information that is shared and who it is shared with.
Linking to the Mediflix Platform and Reference Mediflix Platforms.
You agree not to download, link or use images hosted on the Mediflix Platform on another website, for any purpose. You agree not to link from any other website in any manner such that the Mediflix Platform, or any page of the Mediflix Platform, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Mediflix Platform be discontinued, and to revoke your right to link to the Mediflix Platform from any other website at any time.
Reference Sites on Mediflix Platform.
Mediflix and its Content Contributors may provide links on the Mediflix Platform to other websites, including the content therein (“Reference Sites”). Mediflix has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Mediflix Platform. Mediflix provides links to you only as a convenience, and the inclusion of any link on the Mediflix Platform does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Mediflix Platform, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information and/or the terms and conditions applicable to any transaction between you and such third-party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Mediflix Platform. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Mediflix may earn a portion of sales from products that are purchased through our Mediflix Platform as part of our affiliate partnerships with Reference Sites. Our terms and policies do not govern your use of any Mediflix Platform other than our Mediflix Platform. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
Service Availability; Timeliness of Information.
Mediflix may make changes to or discontinue any of the Mediflix Content, links or Reference Sites at any time, and without notice, and Mediflix makes no commitment to update the Content, links or Reference Sites on the Mediflix Platform.
This Mediflix Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Mediflix Platform at any time, but we have no obligation to update any information on the Mediflix Platform. You agree that it is your responsibility to monitor changes to the Mediflix Platform.
From time to time, we test various aspects of the Mediflix Platform, including the platform, User interfaces, service levels, plans, promotions, features, availability of Mediflix Content, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
You agree that with respect to any contest entries, feedback, analysis, suggestions and comments to Mediflix provided by you (collectively, “Feedback”), IN CONSIDERATION OF MEDIFLIX PROVIDING ACCESS TO THE MEDIFLIX PLATFORM, USER HEREBY GRANTS TO MEDIFLIX THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Mediflix and that any Feedback which is provided by User to Mediflix does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Mediflix grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
These Terms remain effective unless and until terminated by Mediflix. You may terminate your access, registration or subscription at any time by notifying us that you no longer wish to use our services and by ceasing use of the Mediflix Platform. You agree that Mediflix, in its sole discretion, may terminate any access, registration or subscription (or any part thereof) you may have through the Mediflix Platform or your use of the Mediflix Platform. You agree that your access to the Mediflix Platform or any registration or subscription you may have may be terminated without prior notice; and/or accordingly you may be denied access to the Mediflix Platform. You also agree that Mediflix shall not be liable to you or any third-party for any such termination. Mediflix reserves the right to modify, suspend or discontinue the Mediflix Platform and/or access to it at any time and without notice to you, and Mediflix will not be liable to you should it exercise such rights, even if your use of the Mediflix Platform is impacted by the change. These remedies are in addition to any other remedies Mediflix may have at law or in equity
INDEMNIFICATION; HOLD HARMLESS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MEDIFLIX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE MEDIFLIX PLATFORM OR MEDIFLIX CONTENT; (II) YOUR USER CONTENT, INCLUDING MEDIFLIX’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR REGISTRATION OR SUBSCRIPTION. MEDIFLIX RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF MEDIFLIX. MEDIFLIX WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
DISCLAIMERS; NO WARRANTIES.
- ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT THE TERM MEDIFLIX INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
- NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIFLIX DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIFLIX OR THROUGH THE MEDIFLIX PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE MEDIFLIX PLATFORM IS AT YOUR SOLE RISK. THE MEDIFLIX PLATFORM, MEDIFLIX CONTENT, USER CONTENT AND CONTRIBUTOR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- MEDIFLIX PLATFORM OPERATION AND CONTRIBUTOR CONTENT. MEDIFLIX DOES NOT WARRANT THAT THE MEDIFLIX CONTENT, USER CONTENT, CONTRIBUTOR CONTENT, MEDIFLIX PLATFORM, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE MEDIFLIX PLATFORM WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- ACCURACY. MEDIFLIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MEDIFLIX PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE MEDIFLIX PLATFORM (INCLUDING RSS FEEDS) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
- MEDIFLIX MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING MEDIFLIX READY DEVICES OR THE COMPATIILITY OF THE DEVICE WITH OUR SERVICE. ADDITIONAL DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY BE CONTAINED IN THE VARIOUS SOFTWARE END LICENSE AGREEMENTS YOU HAVE AGREED TO BY USING OUR SERVICE.
LIMITATION OF LIABILITY AND DAMAGES.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEDIFLIX OR ITS CONTENT CONTRIBUTORS, THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE MEDIFLIX CONTENT AND USER CONTENT ON THE MEDIFLIX PLATFORM, THE MEDIFLIX PLATFORM ITSELF, OR ANY OTHER INTERACTIONS WITH MEDIFLIX, EVEN IF MEDIFLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MEDIFLIX OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MEDIFLIX PLATFORM (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).
LIMITATIONS BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT MEDIFLIX HAS OFFERED ITS CONTENT AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MEDIFLIX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MEDIFLIX. YOU ACKNOWLEDGE AND AGREE THAT MEDIFLIX WOULD NOT BE ABLE TO PROVIDE THE MEDIFLIX PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Digital Millennium Copyright Act Compliance (“DMCA”).
Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Contributor Content infringes upon your copyrights, you may submit a notification to Mediflix at info@Mediflix.com
- Notice. Mediflix may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Mediflix Platform. If Notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Mediflix is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Mediflix with notices only by email at info@Mediflix.com
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
- Jurisdiction. For any dispute you have with us, you agree to first contact us through email info@Mediflix.com. and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any action at law or in equity arising out of or relating to these Terms or the Mediflix Platform shall be filed only in the state or federal courts of New York County within the State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE MEDIFLIX PLATFORM OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
- If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Mediflix to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice for California Users. Under California Civil Code Section 1789.3, users of our Mediflix Platform service from California are entitled to receive information on how to resolve a complaint regarding the Mediflix Platform service or to receive further information regarding use of the Mediflix Platform service:
Such complaints or requests may be submitted to Mediflix via email at: info@Mediflix.com.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mediflix without restriction. Any assignment attempted to be made in violation of these Terms shall be void
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and Mediflix relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Mediflix. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Mediflix. All rights not expressly granted in these Terms are reserved to us.
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