Terms of Use
TABLE OF CONTENTS
Ownership of Contents/License
Copyrights and Copyright Agent
Changes to Site/Terms
User Accounts
User Forums
Restrictions on Use
Submissions Policy
Disclaimers/Limitations
on Liability
No Personal Advice
Indemnification
Third Parties/No Endorsement
Linking to the Web Site
Promotions
Location
Termination
Additional Terms
contact us at Dr911.com
Effective Date
OWNERSHIP
OF CONTENTS/LICENSE
The Web Site is owned and operated by Goodwill Productions, Inc. ("Company,"
"us" or "we").
This Web Site and all of its current and future content, such as articles,
opinions, other text, directories, guides, photographs, illustrations,
images, video and audio clips and advertising copy, as well as the trademarks,
logos, domain names, trade names, service marks, trade identities and
any and all copyrightable material (including source and object code)
and any other form of intellectual property (collectively, the "Content")
is owned by or licensed to Company or other authorized third parties
and is protected as intellectual property or otherwise. Except as expressly
set forth in these Terms, no rights (either by implication, estoppel
or otherwise) are granted to you. You may only use the Content as expressly
set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING,
DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
Subject to your compliance with these Terms, Company hereby grants you
a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable
license to access download and view a single copy of the Content. You
must retain all copyright, trademark and other proprietary notices contained
in the original Content or any copy you may make of the Content. You
may not, nor may you allow or aid or abet any third party (whether or
not for your benefit) to copy or adapt any code that comprises the Web
Site's software, HTML, JavaScript, or otherwise reverse engineer, decompile,
reverse assemble, modify or attempt to discover any source code used
to generate the Web Site or any software or other products or processes
accessible through the Web site, nor insert any code or product to manipulate
the Content in any way that affects any user's experience. Unless otherwise
expressly authorized in these Terms or on the Web Site, you further
agree that you will not, in whole or in part, modify, reproduce, archive,
transfer by any means, create derivative works from, publish in any
form, online or offline, disseminate, or circulate to any third-party,
or otherwise use the Content in any way for any public or commercial
purpose.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe that your work has been copied on the Web Site in a way
that constitutes copyright infringement, please promptly provide Company's
Copyright Agent by email to our Legal Department the following information:
i. your name address, telephone number and email address;
ii. a description of the copyrighted work that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Web Site;
iv. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
v. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf; and
vi. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend any portion
of the Web Site at any time, without notice. We reserve the right, in
our sole discretion, to modify, alter, or otherwise change these Terms
and will post any new or revised terms on the Web Site.
USER ACCOUNTS
Certain areas of the Web Site may ask you to create an account or may
otherwise ask you to provide information to participate in certain features
or to access certain content. The Web Site's practices governing your
personal information are disclosed in its Privacy Policy. If you choose
to provide information to the Web Site, you agree to provide only true,
accurate, current and complete information. If you create an account,
you agree to accept responsibility for all activities that occur under
your account or password, if any, and agree you will not sell, transfer
or assign your account. You are responsible for maintaining the confidentiality
of your password, if any, and for restricting access to your computer
so that others may not access any password protected portion of the
Web Site using your name in whole or in part.
USER FORUMS
Forums, message boards, chat rooms, online diaries, or other interactive
areas on the Web Site ("User Forums") are provided to give users a forum
to express their opinions and share their ideas and information. Company
and Affiliates (defined below) do not endorse the content posted in
User Forums. Company does not and cannot review every message posted
by users in User Forums. Company reserves the right, but is not obligated,
to delete, move or edit content, in whole or in part, submitted by you
to a User Forum for any reason in Company's sole discretion.
Please note that, generally, information you submit in a User Forum
will be accessible by other users of the Web Site. Please be sure that
any information you post on any publicly accessible User Forum (including
any online diary entry or entries that you choose to share with others,
either via the Web Site or by e-mailing the entry or entries to your
friends or families) is information that you are comfortable sharing
with others.
RESTRICTIONS ON USE
As used in the Terms, "Affiliates" means Company's parent company (ie;
Dr 911.com and its and their related companies, subsidiaries, licensors,
divisions, affiliates, directors, officers, partners, agents and assigns.
You agree not to do any of the following while using the Web Site:
1. harass, stalk or otherwise abuse another user;
2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion);
3. transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
4. upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Web Site.
5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
6. transmit or otherwise make available through the Web Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
7. violate any applicable local, state, federal or international law, rule or regulation.
SUBMISSIONS POLICY
Although we welcome your comments, we do not accept unsolicited submissions
for shows, web sites or other products or services. It is the intent
of this policy to avoid the possibility of future misunderstandings
when projects developed by our or the Affiliates' staff might seem to
others to be similar to their own creative ideas or materials. Therefore,
please do not make any such unsolicited submissions to Company or the
Affiliates through this Web Site or otherwise.
Except as otherwise described in the Web Site's Privacy Policy, anything
you submit to Company through this Web Site or otherwise (whether solicited
or unsolicited), including, without limitation, any ideas, data, questions,
artwork, comments, suggestions, or personal information ("Submissions"),
is and will be treated as non-confidential and non-proprietary and we
will not be liable for any use or disclosure. You hereby irrevocably
assign to Company and the Affiliates all right, title and interest in
and to those Submissions, including, without limitation, all patents,
trademarks, service marks, trade names, trade identities, copyrights,
trade secrets, logos, domain names, know-how, source code and object
code, mask-work rights, inventions, moral rights, author's rights, algorithms,
rights in packaging, goodwill and other intellectual property and proprietary
rights that may subsist in the Submissions. You further agree that Company
and the Affiliates will have the unfettered right throughout the universe,
in perpetuity, without any credit or compensation to you, to use, reuse,
modify, alter, display, archive, publish, license, perform, reproduce,
disclose, transmit, publish, broadcast, post, sell, translate, create
derivative works of, or distribute any submissions or portions of any
Submissions in any form, media, software or technology of any kind now
known or developed in the future for any purposes whatsoever including,
without limitation, developing, manufacturing and marketing products
using such information. You hereby waive any moral rights you may have
in and to any of your Submissions, even if such material is altered
or changed in a manner not agreeable to you. You represent that any
Submissions are original with you and do not infringe upon, misappropriate
or violate the rights of any third parties, including, without limitation,
any intellectual property rights, rights of publicity or privacy or
any other proprietary rights. You agree to execute any documents and
take all steps that Company determines are necessary to affect the intentions
of these Terms. You agree and understand that Company is not obligated
to use any Submission you make to Company through the Web Site or otherwise.
DISCLAIMERS/LIMITATIONS
ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT CONTAINED
ON IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR
PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Company and the Affiliates make no representation or warranty whatsoever
regarding the completeness, accuracy, timeliness, availability, or adequacy
of any information, facts, views, opinions, statements or recommendations
contained on the Web Site or in the Content. This Web Site may be unavailable
due to maintenance or malfunction of equipment.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION
WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO
ANY USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY
SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE
OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND THE AFFILIATES,
AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES),
WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING,
WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,
ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF
THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM
OR IN CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY ACTION
TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; OR (3) ANY ERRORS OR
OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF COMPANY OR
THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
IN NO EVENT WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE
ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL
INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO
CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY
REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER
THAN FIFTY DOLLARS ($50).
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS
WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED,
AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND
UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542
OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
NO PERSONAL ADVICE
This Web Site and its Content is for informational and entertainment
purposes only and is not intended to replace or substitute for any professional
financial, medical, legal, or other advice. In addition to the "Disclaimer/Limitation
on Liability" paragraph above, Company and the Affiliates make no representations
or warranties and expressly disclaim any and all liability concerning
any treatment or action by any person following the information offered
or provided within or through the Web Site. If you have specific concerns
or a situation in which you require professional or medical advice,
you should consult with an appropriately trained and qualified specialist.
INDEMNIFICATION
By using this Web Site, you agree to indemnify, defend and hold harmless
Company and the Affiliates from and against any actual or alleged claims,
demands, causes of action, judgments, damages, losses, liabilities,
and all costs and expenses of defense (including, without limitation,
reasonable attorneys' and other legal fees and costs) arising out of
or relating to: (1) your violation of these Terms or any law, rule or
regulation; (2) a claim that is based on your use of the Content; or
(3) any content uploaded by you or through your computer to the Web
Site or otherwise sent by you to Company. You will cooperate as fully
and reasonably as required by Company or the Affiliates in the defense
of any claim. Company reserves the right to assume the exclusive defense
and control of any matter subject to indemnification by you, and you
will not in any event settle any claim without the prior written consent
of Company.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party web sites, and certain
areas of the Web Site may allow you to conduct transactions or purchase
goods or services from or through a third-party. Third-parties and third-party
web sites may have different privacy policies, terms and conditions
and business practices than we do. Your dealings or communications through
the Web Site with any party other than Company are solely between you
and that third party. We do not endorse, verify, make any representations,
or take responsibility for the content, truthfulness, accuracy, quality
or completeness of the content or activities conducted on any third
party web sites. Any complaints, concerns or questions you may have
relating to materials provided by third parties should be forwarded
directly to the third party. YOU AGREE THAT COMPANY AND THE AFFILIATES
WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE
THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM
RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING,
OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site
to any product, process, publication or service of any third party by
trade name, domain name, trademark, trade identity, service mark, trade
identity, logo, manufacturer or otherwise does not constitute or imply
its endorsement or recommendation by Company or the Affiliates. Users
are requested to inform Company of any errors or inappropriate material
found on web sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page, and
the link must be in plain text, unless otherwise pre-approved in writing
by Company. The link to this Web Site must not damage, dilute or tarnish
the goodwill associated with any Company names or any other Company
intellectual property, nor may the link create the false appearance
that your web site or organization is sponsored, endorsed by, affiliated
or associated with Company. You may not "frame" this Web Site or alter
its intellectual property or Content in any way. You may not link to
the Web Site from a site that is unlawful, abusive, indecent or obscene,
that promotes violence or illegal acts, that contains expressions of
racism, that is libelous, defamatory, scandalous, or inflammatory or
is other inappropriate (in Company's sole discretion). Company reserves
the right, in its sole discretion, to terminate a link with any web
site that it deems inappropriate or inconsistent with this Web Site
or these Terms.
PROMOTIONS
This Web Site may contain or offer sweepstakes or other promotions,
which may be governed by a separate set of rules that describe the sweepstakes
or promotion and may have eligibility requirements, such as certain
age or geographic area restrictions. It is your responsibility to read
those rules to determine whether or not your participation, registration
or entry will be valid and to determine the sponsor's requirements of
you in connection with the applicable sweepstakes or promotion.
LOCATION
Company operates this Web Site in the United States. Information contained
on this Web Site may not be appropriate or available for use in other
locations, and access to this Web Site where the content of the Web
Site may be illegal is prohibited. If you access this Web Site from
other locations, you do so on your own initiative and you are solely
responsible for compliance with applicable laws. These Terms will be
construed and enforced in accordance with the laws of the State of California,
without regard to its conflicts of law principles, and specifically
will not be governed by the United Nations Conventions on Contracts
for the International Sale of Goods, if otherwise applicable. Any cause
of action filed by you with respect to the Terms or your use of this
Web Site must be filed in the County of Los Angeles, City of Los Angeles,
State of California within ninety (90) days after the occurrence of
the facts giving rise to the cause of action, otherwise the cause will
be forever barred. You hereby consent and submit to the exclusive jurisdiction
and venue of the courts located in the County of Los Angeles, City of
Los Angeles, State of California for any cause of action arising under
these Terms or related to the Web Site.
TERMINATION
You understand and agree that Company will determine your compliance
with these Terms in its sole discretion. Company reserves the right
to deny access to all or part of the Web Site to any person in its sole
discretion. Any violation of these Terms may be referred to law enforcement
authorities. Upon termination of your user account or access to the
Web Site, or upon demand by Company, you must destroy all materials
obtained from this Web Site and all related documentation.
ADDITIONAL TERMS
If any provision of these Terms is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision will
not affect the validity of the remaining provisions of these Terms,
which will remain in full force and effect. No waiver of any of these
Terms will be of any force or effect unless made in writing and signed
by a duly authorized officer of Company. The section titles in these
Terms are for your convenience only and do not have any legal or contractual
effect.