The VettedMedia Video Library is provided as a general public education service.
Physicians or Medical Groups submitting on the VettedMedia website are submitting videos to a public domain and all content created and submitted by an individual, physician, company or medical group is shared content and no royalties will be paid and no other future claims can be made for compensation.
VettedMedia's coordination and scheduling of Virtual Visits, Webinars, cross platform marketing of profiles/media libraries, is a service conducted through CN Health Solutions. The virtual Visit service is a paid for convenience and at the discretion of participating VM members who are responsible for the content, commentary and conversations taking place through the third party operation.
1. Your Acceptance
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. VettedMedia may, in its sole discretion, modify or revise these Terms of Service and policies at anytime, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Service,including users who are also contributors of Content on the Service. "Content"includes the text, software, scripts, virtual visits, graphics, photos, sounds, music, videos,audiovisual combinations, interactive features and other materials you may viewon, access through, or contribute to the Service. The Service includes all aspects of VettedMedia, including but not limited to all products,software and services offered via the VettedMedia website, such as the VettedMedia channels, the VettedMedia "Embeddable Player,"the VettedMedia "Uploader" and other applications.
B. The Service may contain links to third party websites that are not owned or controlled by VettedMedia. VettedMedia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, VettedMedia will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve VettedMedia from any and all liability arising from your use of any third-party website or services.
3. VettedMedia Accounts
A. In order to access some features of the Service, you will haveto create a VettedMedia account. You may never use another's accountwithout permission. When creating your account, you must provide accurate andcomplete information. You are solely responsible for the activity that occurson your account, and you must keep your account password secure. You must notify VettedMedia immediately of any breach of security or unauthorizeduse of your account.
B. Although VettedMedia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VettedMedia or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
VettedMedia hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any mediumany part of the Service or the Content without VettedMedia's prior written authorization, unless VettedMedia makes available the means for suchdistribution through functionality offered by the Service (such as the EmbeddablePlayer).
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the EmbeddablePlayer, or other explicitly authorized means VettedMedia may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain VettedMedia's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed onor within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any pageof an ad-enabled blog or website containing Content delivered via the Service,unless other material not obtained from VettedMedia appears on the samepage and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
uploading an original video to VettedMedia, or maintainingan original channel on VettedMedia, to promote your business or artisticenterprise;
showing VettedMedia videos through the Embeddable Playeron an ad-enabled blog or website, subject to the advertising restrictions setforth above in Section 4.D; or
any use that VettedMedia expressly authorizes in writing.
F.(For more information about what constitutes a prohibited commercial use, see ourFAQ.)
G. If you use the Embeddable Player on your website, you may notmodify, build upon, or block any portion or functionality of the EmbeddablePlayer, including but not limited to links back to the VettedMedia website.
H. If you use the VettedMedia Uploader,you agree that it may automatically download and install updates from time to time from VettedMedia. These updates are designed to improve, enhance andfurther develop the Uploader and may take the form of bug fixes, enhancedfunctions, new software modules and completely new versions. You agree to receive such updates (and permit VettedMedia to deliver these to you) aspart of your use of the Uploader.
I. You agree not to use or launch any automated system, including without limitation,"robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the VettedMedia servers in a given period of time than a human can reasonablyproduce in the same period by using a conventional on-line web browser.Notwithstanding the foregoing, VettedMedia grants the operators of public search engines permission to use spiders to copy materials from the site forthe sole purpose of and solely to the extent necessary for creating publiclyavailable searchable indices of the materials, but not caches or archives ofsuch materials. VettedMedia reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest anypersonally identifiable information, including account names, from the Service,nor to use the communication systems provided by the Service (e.g., comments,email) for any commercial solicitation purposes. You agree not to solicit, forcommercial purposes, any users of the Service with respect to their Content.
J. In your use of theService, you will comply with all applicable laws.
K. VettedMedia reserves the right to discontinue any aspect ofthe Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marksand logos ("Marks") on the Service, are owned by or licensed to VettedMedia, subject to copyright and other intellectual property rightsunder the law.
B. Content is provided to you AS IS. You may access Content foryour information and personal use solely as intended through the providedfunctionality of the Service and as permitted under these Terms of Service. Youshall not download any Content unless you see a "download" or similar linkdisplayed by VettedMedia on the Service for that Content. You shall notcopy, reproduce, distribute, transmit, broadcast, display, sell, license, orotherwise exploit any Content for any other purposes without the prior written consent of VettedMedia or the respective licensors of the Content.VettedMedia and its licensors reserve all rights not expressly granted inand to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere withsecurity-related features of the Service or features that prevent or restrictuse or copying of any Content or enforce limitations on use of the Service orthe Content therein.
D. You understand that when using the Service, you will be exposedto Content from a variety of sources, and that VettedMedia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledgethat you may be exposed to Content that is inaccurate, offensive, indecent, orobjectionable, and you agree to waive, and hereby do waive, any legal orequitable rights or remedies you have or may have against VettedMedia with respect thereto, and, to the extent permitted by applicable law, agree toindemnify and hold harmless VettedMedia, its owners, operators,affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
A. As a VettedMedia account holder you may submit Content to the Service, including videos and user comments. You understand that VettedMedia does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to VettedMedia all patent, trademark, tradesecret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C. By submitting Content to VettedMedia, you hereby grant VettedMedia a worldwide, non-exclusive, royalty-free, sublicenseable andtransferable license to use, reproduce, distribute, prepare derivative worksof, display, and perform the Content in connection with the Service and VettedMedia's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service(and derivative works thereof) in any media formats and through any mediachannels. You also hereby grant each user of the Service a non-exclusivelicense to access your Content through the Service, and to use, reproduce,distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videosfrom the Service. You understand and agree, however, that VettedMedia may retain, but not display, distribute, or perform, server copies of your videosthat have been removed or deleted. The above licenses granted by you in usercomments you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject toother third party proprietary rights, unless you have permission from therightful owner of the material or you are otherwise legally entitled to postthe material and to grant VettedMedia all of the license rights granted herein.
E. You further agree that you will not submit any content or other material that is contrary to the VettedMedia Community Guidelines which may be updated from time to time, or contrary to applicable local, national,and international laws and regulations.
F. VettedMedia does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VettedMedia expressly disclaims any and all liability in connection with Content. VettedMedia does not permit copyright infringing activities andinfringement of intellectual property rights on the Service, and VettedMedia will remove all Content if properly notified that such Contentinfringes on another's intellectual property rights. VettedMedia reserves the right to remove Content without prior notice.
G. Each participating party is its own separate entity and engagement in VettedMedia's platform does not create an ownership interest in VettedMedia.
7. Account Termination Policy
A. VettedMedia will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
B. VettedMedia reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement,such as, but not limited to, pornography, obscenity, or excessive length. VettedMedia may at any time, without prior notice and in its sole discretion,remove such Content and/or terminate a user's account for submitting suchmaterial in violation of these Terms of Service.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agentthereof and believe that any Content infringes upon your copyrights, you maysubmit a notification pursuant to the Digital Millennium Copyright Act("DMCA") by providing our Copyright Agent with the followinginformation in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to acton behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have beeninfringed, or, if multiple copyrighted works at a single online site arecovered by a single notification, a representative list of such works at thatsite;
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 accessto which is to be disabled and information reasonably sufficient to permit theservice provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VettedMedia's designated CopyrightAgent to receive notifications of claimed infringement is NAME, ADDRESS, FAX,EMAIL For clarity, only DMCA notices should go to the Copyright Agent; anyother feedback, comments, requests for technical support, and othercommunications should be directed to VettedMedia customer service. You acknowledge that if you fail to comply with all of the requirements of thisSection 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you havethe authorization from the copyright owner, the copyright owner's agent, orpursuant to the law, to post and use the material in your Content, you may senda counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statementthat you consent to the jurisdiction of the federal court in LOS ANGELES,California, and a statement that you will accept service of process from theperson who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, VettedMedia may send a copy of the counter-notice to the originalcomplaining party informing that person that it may replace the removed Contentor cease disabling it in 10 business days. Unless the copyright owner files anaction seeking a court order against the Content provider, member or user, theremoved Content may be replaced, or access to it restored, in 10 to 14 businessdays or more after receipt of the counter-notice, at VettedMedia's solediscretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VETTEDMEDIA, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CLINICALNOTEBOOK MAKES NOWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZEDACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATIONAND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATIONOF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRDPARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.CLINICALNOTEBOOK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITYFOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHERADVERTISING, AND VETTEDMEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERSOF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGHANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL VETTEDMEDIA, ITS OFFICERS, DIRECTORS,EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OURSERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TOOR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OFYOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLYTO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VETTEDMEDIA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANYTHIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTSENTIRELY WITH YOU.
The Service is controlled and offered by VettedMedia from its facilities in the United States of America. VettedMedia makes norepresentations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend,indemnify and hold harmless VettedMedia, its parent corporation, officers,directors, employees and agents, from and against any and all claims, damages,obligations, losses, liabilities, costs or debt, and expenses (including butnot limited to attorney's fees) arising from: (i) your use of and access to theService; (ii) your violation of any term of these Terms of Service; (iii) yourviolation of any third party right, including without limitation any copyright,property, or privacy right; or (iv) any claim that your Content caused damageto a third party. This defense and indemnification obligation will survivethese Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or anemancipated minor, or possess legal parental or guardian consent, and are fullyable and competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms ofService, and to abide by and comply with these Terms of Service. In any case,you affirm that you are over the age of 13, as the Service is not intended forchildren under 13. If you are under 13 years of age, then please do not use the Service unless your have parental approval and supervision.
These Terms of Service, and any rights and licenses grantedhereunder, may not be transferred or assigned by you, but may be assigned by VettedMedia without restriction.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VettedMedia, either specificor general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VettedMedia that arises in whole or in part from the Service shall bedecided exclusively by a court of competent jurisdiction located in NAME OFCounty, California. These Terms of Service, together with the Privacy Notice at www.vettedmedia.com and any other legal notices published by VettedMedia on the Service, shallconstitute the entire agreement between you and VettedMedia concerning the Service. If any provision of these Terms of Service is deemedinvalid by a court of competent jurisdiction, the invalidity of such provisionshall not affect the validity of the remaining provisions of these Terms ofService, which shall remain in full force and effect. No waiver of any term ofthis these Terms of Service shall be deemed a further or continuing waiver ofsuch term or any other term, and VettedMedia's failure to assert any rightor provision under these Terms of Service shall not constitute a waiver of suchright or provision. VettedMedia reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to reviewthese Terms of Service for any changes. Your use of the Service following anyamendment of these Terms of Service will signify your assent to and acceptanceof its revised terms. YOU AND VETTEDMEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEARAFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.
Dated: August 17, 2013