Terms of Service - Effective date: February 1, 2015
The below terms and conditions administer all use of medotcom.com, its content, services and applications (the “Services”), as well as any other applications that link to this agreement.
By accessing, using, or registering for the services, you validate that you are in agreement with these Terms (the “Agreement”). If you are not in agreement with these, you may not use the Services.
About the Services
medotcom Sàrl, its parent and affiliates (“we” or “us”) make accessible the Services to you on the condition that you stand by this Agreement. The Services provide users the capability to access and share their profiles and additional content. We may, in our sole judgment, modify any portion of the Services or cease any Services without notice. The Services are based in Switzerland. You may use them only if they conform with the laws of the country from which you access our Services.
Please read and understand this Agreement cautiously before creating, accessing or using the Services. You understand and concur that this Agreement rules your relationship with us and has the same effect and consequence as an agreement in writing.
Your medotcom.com Account and Site
Registration is voluntary; yet, you will require to register with us and generate a username to use specific Services and aspects. A username is an exclusive identifier chosen by you or provided by us and is used to recognize you on our Services. To register a username and generate an account, you must be at least 13 years of age. You must provide us with true and accurate information about yourself and maintain that information up to date. We may turn down or discard a username in our discretion.
If you generate a profile on the Services, you are accountable for preserving the security of your account and profile, and you are fully accountable for all consequences and activities that arise under your account. You must not express or allocate keywords to your profile in a misleading or illegitimate way, including in a way intended to do business on the name or status of others, and we may modify or take out any description or keyword that it judges unsuitable or unlawful, or otherwise likely to cause us liability. You must right away inform us of any unlawful uses of your account or any other violation of security.
You are liable for protecting the password that you use to access the Services and for any activities or actions under your password. We advise you to use “difficult” passwords (passwords that include a grouping of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be responsible for any loss or damage occurring from your failure to abide by the above requirements.
Responsibility of Contributors
If you create a profile, comment on a profile, or pass on or post materials (e.g., text, graphics, applications, etc.) on the Services (any such material, “Content”), you comprehend and are in agreement that you are fully accountable for such Content that is made available by you or through your account. This includes, for instance, any private information, such as your home address, the home address of others, or your present location that you may make accessible about yourself on the Services. We are not responsible for the consequences of sharing or posting any private or other information on our services.
If you are accessing our Services through a mobile device, your wireless carrier could make you pay fees for data, text messaging, and other wireless access or communications services. We do not promise that our mobile Services can be available through all wireless appliances or service plans or are available in all geographical places.
If you opt for stocking up verification information, such as a username and password, where others could access it, we are not accountable for any loss of private data or other results if someone other than you make use of that information to access our services. If you lose an appliance, such as a laptop, desktop, or smartphone, or a device is stolen enclosing your username and password, it is your responsibility to take all the requirements to care for yourself.
Limitations: To use our Services, you must:
- Observe with relevant laws and regulations and not contribute in, ease, or further illegal activities;
- Instantly inform us if you find out a security breach or other illegal activity on the Services;
- Look after your username and password;
- Not post content that encloses explicit or detailed descriptions or accounts of sexual acts or is intimidating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
- Not take on in an activity that is hurtful to us or our clients, advertisers, associates, vendors, or anyone else;
- Not use any computerized development to access or utilize the Services or any process, whether automated or manual, to capture data or content from any Service for any motive; and
- Not use any Service or any process to harm, disable, prejudice, or otherwise attack our Services or the networks connected to the Services.
You may not post content with the intention to make available expert guidance, including the provision of medical treatment, legal advice, or investment advice. You cannot post content to importune, advise, support, or propose to trade any securities or other financial products, stocks, or counsel that any particular security, portfolio of securities, transaction or investment approach is appropriate for you or any particular individual.
We can take any technical, legal, and other actions that we believe, in our sole judgment, required and suitable without notice to you to avert violations and to implement this Agreement.
Your Representation to Us
By making Content accessible, you stand for and guarantee that: the downloading, copying and use of the Content will not breach the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you produce, you have either (a) received authorization from your employer to post or make accessible the Content, including but not limited to any software, or (b) secured from your employer a waiver as to all rights in or to the Content; you have entirely observed with any third-party licenses linking to the Content, and have done all needed measures to profitably pass through to end users any required terms; the Content does not enclose or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not include unethical or unwanted profitable content intended to oblige traffic to third party sites or increase the search engine standings of third party sites, or to further unlawful acts (such as phishing) or mislead beneficiary as to the origin of the material (such as spoofing); the Content is not pornographic, libelous or defamatory, does not enclose threats or encourage violence towards persons or entities, and does not infringe the privacy or publicity rights of any third party; your profile is not getting promoted via unwanted electronic communications such as spam links on newsgroups, email lists, other blogs and web sites, and comparable unwanted promotional schemes; your profile is not named in a way that misinform your readers into judging that you are another person or firm.
By presenting Content on the Services or by connecting to other profiles on the Services for insertion on your profile, you authorize us and our parent a world-wide, royalty-free, and non-exclusive license to replicate, alter, adjust and issue the Content solely for the point of displaying, distributing and promoting your profile. If you erase Content, we will use sensible means to remove it from the profile, but you recognize that caching or references to the Content may not be made right away unavailable.
Without limiting any of those illustrations or guarantees, we have the right (though not the obligation) to, in our sole judgment (a) decline or remove any content that, in our rational view, infringes these terms or any policy or is in any way damaging or offensive, or (b) cease or reject access to and use of an account to any person or entity for any motive, in our sole judgment. We will have no obligation to offer a refund of any sum earlier remunerated.
You cannot pretend to be another individual or state a name for your profile that does not belong to you (i.e. “name squatting”). We are dedicated to guarantee the rights of trademark owners and the right of persons in the public domain to claim their legal names and associated monikers on the Services. You comprehend and consent that you will be deprived of a username and your account if the lawful owner objects your claim, or if such username is related with a trademark or celebrity.
Responsibility of Profile Visitors
We may get rid of Content for any motive, but we have no obligation to do so. The Content provided on the Services, including Content placed by users, is for common information, discussion and entertainment purposes only. We make no representations or warranties about any facet of the content on the Services and do not back any opinions expressed by any users. All content is posted “as is” and your use or dependence on any content is at your own risk. We have no liability to you for the effects of using or relying on any content.
Copyright and Trademark Claims
Copyright and trademark owners can communicate to us alleged infringements by sending an email to firstname.lastname@example.org
The Services and the Content made available on the Services are protected by copyright, trademark, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that guard digital information. You consent that you will not take any action to obstruct with anyone’s rights in their content and you will not try to get around any means for avoiding the unauthorized reproduction or distribution of Content. This Agreement does not shift to you any of our or third party intellectual property. Nothing in this Agreement allow you a right or license to replicate or otherwise employ any of our or third party’s trademarks, service marks, logos and trade names.
We can alter this Terms from time to time. If you are not in agreement with the changes, please discontinue using our Services before the modifications take effect. Your utilization of a Service after the effective date of any changes means that you consent to the changes. We may also, in the future, propose new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any additional terms that go with the new features.
We may end your access to all or any part of the Services and close your account at any time, with or without reason, with or without notice, effective right away. If you wish to stop this Agreement or your account (if you have one), you may merely cease using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
We provide the Services “as is,” “with all faults,” and “as available.” We do not warrant or guarantee that any information accessible using our Services is correct or reliable or your use of the Services will be continuous, protected, or free from error. We, our suppliers, and authorized distributors give no express warranties or guarantees nor implied warranties of merchantability, fitness for a paricular purpose, accuracy, workmanlike effort, and non-infrigement.
Your only cure for any faulty software is substitution of the software. In any other argument with us, you only remedy is to stop using your account.
Limitation of Liability
We, our suppliers, and endorsed distributors are not liable for any indirect, special, incidental, consequential, or exemplary damages happening from your use of the services.
Some countries do not permit us to limit our liability for consequential or incidental damages or exclude certain warranties. In those states or countries, liability and warranties of medotcom Sàrl are limited to the extent permited by law.
General Representation and Warranty
You consent to indemnify and hold harmless us, our parent, affiliates, contractors, and licensors, and their relevant directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, occurring out of your use of the Profile, including but not limited to your infringement of this Agreement.
This Agreement together with any additional terms associating specific Services compose the complete agreement between you and us regarding the subject matter hereof, and they may only be changed by a written amendment signed by one of our authorized executives or if we post modifications to these terms.
You agree that the laws of Switzerland govern this Agreement and any claim or dispute that you may have against us, without regard to Switzerland's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further concur that any disagreements or claims that you may have against us reside in and will be resolved by a court located in Switzerland and you consent and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any part of this Agreement is held void or unenforceable, that part will be interpreted to reflect the parties’ original intent, and the residual portions will stay in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any following breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be tied by, its terms and conditions; we may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Registrations, agreements, and terms offered by us by electronic means to you have the same result as one in writing and are legally enforceable as a signed writing. You also agree to receive all communications regarding our Services by electronic means from us. The release of any announcement from us is effective when sent by us, regardless of when you receive or read the communication. Moreover, we are not accountable for communications that do not get to you if you have not given to us with your present contact information. If you decided not to take delivery of notices from us electronically, we may stop your account and cease access to the Services.
If you make suggestions, comments, feedback to medotcom Sàrl team and if these are implemented or are used to improve the Service, you hereby agree that you have no right in claiming any ownership of these and medotcom Sàrl reserves the right to use or not these suggestions, comments, feedback.
Note about "Invite Friends" feature : If you decide to invite somebody to the Service through our "Invite friends" tool, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You realize and consent that you are responsible for any charges that relate to communications sent from your device, and because this invitation is coming straight from your personal account, medotcom Sàrl does not have access to or control this communication.
Content you cannot post / write
You must not post anything that:
- Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm
- Promotes self-harm, eating disorders or hard drug abuse
- Attacks, bullies or harasses nonpublic people
- Includes hate speech
- Is gratuitously violent or gory
- Infringes anyone's intellectual property, privacy or other rights
- Is fraudulent or deceptive
- Is somebody else's personal information or requests a minor's personal information
- Contains any information or content that’s illegal
- Contains any shocking content.
Your content / profile may not promote adult products and services, alcohol, imitation or counterfeit goods, drugs and tobacco, products from endangered or threatened species, false documents, online gambling and lotteries, or games of skill, illegal activity, malware and hacking, pharmaceuticals and supplements, deceptive subscription services, unacceptable business models, weapons and explosives.
Time Limitation on Claims
You consent that any claim you may have coming from or related to your relationship with medotcom Sàrl must be filed within 3 months after such claim arose; otherwise, your claim is permanently barred.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE medotcom Sàrl PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE medotcom Sàrl CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE medotcom Sàrl PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY 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, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE medotcom Sàrl PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE medotcom Sàrl PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE medotcom Sàrl PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE Euro (EUR 1.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF medotcom Sàrl's ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE medotcom Sàrl PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE medotcom Sàrl PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY WAIVE, 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."
medotcom Sàrl IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Addendum made on 21 December 2016 — regarding the newly introduced fee for brand and business pages
Fees and Payment
By selecting the brand / business page option, you will benefit from one month free trial. At any time you can trigger your option to purchase the service for a yearly fee of 52 USD. You agree to pay us the annual subscription fees indicated for that service. Payments will be charged on the day you subscribe and you enter your card number for the business page and this will cover the use of that page for an annual period as indicated. The service fees are not refundable.
You must select a payment method and provide us with correct billing and payment information. All billing information, including payment method, have to be kept up to date. You give us official permission for and direct us to charge your selected payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on record with us. Also, you allow us and direct us to keep information about the payment method(s) associated with your subscription. If we do not receive payment from your selected payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. Every time you use a fee-based service on medotcom.com, you reaffirm that (1) we are authorized to charge your designated payment method; (2) we may submit charges incurred under your account for payment; and (3) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.
Should you cancel your account, your page will not be visible to the public anymore.
You agree that your subscription will be automatically renewed and yearly payments will be automatic and will not need any action from you - unless your card has expired or is denied.
If your page is not expressively for an individual, then you are considered as a business / a brand. If you register as an individual but really represent a brand or a business, our team will kindly invite you to switch to a business page with a one-month trial and a yearly subscription of 52 USD. This is in our sole appreciation of the page and should you disagree with the final assessment you should delete your account.
If you disagree with the new and additional terms you should cancel and delete your account on medotcom.com
We reserve the right to charge or change the payment terms and fees for any Service or feature upon thirty one (31) days prior written notice to you. If you do not agree to the fees, you may terminate the Services before the new fees take effect without penalty to you. The updates will take effect on 21 December 2016. If you continue to use our services after 21 December 2016, you agree to the updated terms. If you do not agree, you can choose to discontinue use of the services and close your medotcom account before 21 December 2016.