You must meet the following criteria to register to use the Site, and you represent and warrant that you: (1) are 18 or over and have provided full and correct information about yourself; and (2) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are subject.
You acknowledge that when you first register to use the Site, you will Sign Up by providing your email address and choosing a User Name and Password, and then you will agree to be bound by this Agreement. This will enable you to have your own account on the Site, complete with your own social networking home page. Subsequently, you will be able to access the Site by logging in using your User Name and Password. You need to keep your User Name and Password confidential, and not share them with any other person. If you cannot recall either your User Name or Password, please click the “Forgot your password?” link, and Surgery Theater will automatically email you the information you need to Log In.
Whatever you are doing on the Site, posting Content, or posting comments on other Content or Site Information[, or trying to earn CME credits if we become a certified provider], you agree to conduct yourself at all times in accordance with applicable law and high ethical standards. We will provide more specific guidelines below.
“Site Information” consists of information, videos and photographs on the Site that have been put there for your benefit by Surgery Theater (and excludes Content). “Content” is information, photos, videos, comments and other items uploaded to the Site or posted to the Site by Users as more fully defined below. While all Site Information may be shared, and we may in our discretion permit download of certain Site Information, most Site Information such as Surgery Theater’s videos only may be viewed by you but not downloaded. Use of all Site Information is subject to the following: (i) the Site Information may be used solely for personal, informational and non-commercial purposes; and (ii) Site Information may not be modified or altered in any way. Except as expressly provided herein, you may not download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Site Information in whole or in part without the prior written permission of Surgery Theater. Additionally, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute the Site Information in violation of any applicable local laws or regulations (including US export laws and regulations).
In order to post your Content to the Site, you must observe the following guidelines: (1) Such Content must be posted under your real name as submitted to the Site. If you do not want your name to appear with any Content, do not post such Content on the Site. (2) To be useful to other Users, the Content that you post must be made and posted in good faith. (3) Surgery Theater may delete, block, reformat, edit or comment upon any Content at any time, but has no obligation to do so. (4) Content should NOT include: confidential information of any nature, or other information that could harm either Surgery Theater or specific Users were such information to fall into the hands of a third party. For example, credit card information and other information that may be the target of fraud or phishing expeditions should be kept private.
It is important to note that the Site is focused entirely on surgical procedures. All Content must relate to surgery, medicine and related education, information and studies. Surgery Theater reserves the right to remove any Content in its sole discretion, and any Content deemed unrelated to the Site and its surgical focus will be removed.
In addition, any Content you submit may not contain any contents that: (a) are harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable; (b) are false, fraudulent or misleading or suggests or encourages unlawful activity; © violate US or any other applicable law, including any privacy, intellectual property or other rights of a third party; (d) are really promotional in nature or advertising or any other form of commercial solicitation; or (e) impersonate any other person or entity, or misrepresents your identity. All of the foregoing also applies to any email you send on the Site.
Whenever you post Content on the Site or submit it to the Site for posting, your action constitutes a representation and warranty to Surgery Theater regarding such Content (whether such Content is an image, photograph, text, video, webcast or document) that you have all intellectual property rights in and to such Content, whether because it is your original Content, or because you have acquired the permission or rights necessary to post the Content (e.g., permissions of any patients, models or subjects pictured in your Content). You retain, and we do not claim, ownership of the Content that you submit to and/or post on the Site. Notwithstanding the foregoing, you hereby grant us a nonexclusive, worldwide, irrevocable, perpetual, assignable, sublicenseable, fully paid-up, royalty-free right and license to use, distribute, reproduce, modify, excerpt, attribute, adapt, make derivative works of, analyze, improve, publicly perform and publicly display your Content (in whole or in part) and to incorporate it into other works in any medium now existing or hereafter developed, without any further consent from or notice to you or any third party. You may request deletion of your Content at any time. However, we cannot ensure deletion if yourContent has been accessed by other Users and they have not deleted it, or it was copied or stored by other Users. In addition, Surgery Theater reserves the right to archive all Content submitted to the Site and retain it for record retention purposes.
If you post Content to the Site, you represent and warrant that you have obtained all necessary permissions from any patients who are subjects of your Content or otherwise shown therein, and that your Content complies in all respects with The Health Insurance Portability and Accountability Act of 1996 (HIPAA). In other words, you must assure that your Content does not contain any of the 18 health information identifiers set forth in the HIPAA legislation, unless express authorization from the individual whose identity may be revealed by the Content has been obtained. Finally, with respect to any Content showing procedures involving humans or animals, you represent and warrant that all such procedures and/or experimentation was conducted in conformity with ethical and humane principles of research.
You agree to conduct yourself in a reputable and transparent manner at all times when using the Site, and to comply with all applicable laws, including without limitation privacy and copyright laws. You further agree NOT to: • Collect, harvest, mine or engage in any other activity with the goal of obtaining email addresses, phone numbers or personal information about other Users; • Upload, post, email, transmit, submit to other Users or make available Content or files that contains viruses, bugs, worm or any other computer code, files or programs that destroy, limit or interrupt the functionality of any computer software or hardware or equipment of Surgery Theater, any host or outsourced entity used by Surgery Theater or any User. • Use or attempt to gain access to another User’s account, password, or system connected to a Surgery Theater server or to the Site without Surgery Theater’s authorization; • Remove, modify or misrepresent any copyright, trademark or other proprietary rights notice or other information relating to the origin of Content;
OTHER SYSTEM-FOCUSED RESTRICTIONS ON YOUR CONDUCT You agree that you will not: • Attempt to disrupt the security of the Site or any services or materials or Content offered on the Site; • Take any action that imposes, or may impose, in Surgery Theater’s sole discretion, an unreasonable or disproportionately large load on our system or infrastructure; • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; • Bypass any measures that the Site uses to prevent or restrict access to the Site, or other accounts, or networks or providers connected to the Site; or • Interfere with any other Users enjoyment of the Site. • Reverse engineer, decompile, or attempt to derive the source code from, any software relating to the Site. • Use any robot, spider, scraper or other automated means to access the Site in a manner which sends more request messages to the Site server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit Content. Notwithstanding the foregoing, we grant the operators of legitimate search engines such as Google, Bing and Yahoo! permission to use robots to copy materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
The information and Content you post must be accurate, truthful, not deceptive or misleading, and must not violate the rights (such as patent rights, copyrights, publicity and privacy rights or other intellectual property rights) of any third parties. Surgery Theater reserves the right to monitor all Content on the Site for compliance with law, but does not have an obligation to do so. If you believe that any Content submitted to and/or posted on the Site does not meet this standard, please contact our Designated Copyright Agent via telephone, fax or email, as indicated below in this section. If any other party makes a complaint about any Content or information on the Site that you have submitted, we will respond to such complaint. If the complaint alleges a copyright violation, Surgery Theater will respond quickly to any proper notice and takedown. Surgery Theater reserves the right to remove or edit any Content or information you submit to the Site at any time, or to refuse to post any Content or information you submit, in Surgery Theater’s sole discretion, and without any need to provide any reason or justification to you or others. In addition, we reserve the right to remove or disable your account in our sole discretion.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512), amendments to U.S. copyright law, Surgery Theater has implemented procedures to promptly remove Content or information submitted by users when a proper notification of claimed infringement (“Notification”). Such Notification must be in writing and include the following six (6) elements: (1) physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right alleged to have been infringed; (2) identification of the copyrighted work alleged to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and which should be removed (or have access disabled); (4) information sufficient to permit Surgery Theater to contact the complaining party, such as name, address, telephone number, and if the complaining party an email address, the email address where the complaining party can be reached; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event that Surgery Theater receives a counter-notification from the User whose Content was removed or access to it disabled in response to a Notification, and which contains the following four elements, Surgery Theater will have the right to once again post or permit access to such Content: (1) a physical or electronic signature of the User; (2) identification of the material or 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 access to it was disabled; (3) a statement under penalty of perjury that the User has a good faith belief that the materials was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled; and (4) the User’s correct name, address and telephone number, and a statement that the User consents to the jurisdiction of the federal district court in which User is located, or if User is outside of the United States, to the jurisdiction of the federal district court located in Los Angeles, California (Central District of California), and the User will accept service of process from the person who provided the Notification or an agent of such person.
Surgery Theater’s Designated Copyright Agent for the purpose of this section is M. Haghighi, email at [email protected], fax: +1 (310) 693 2532 telephone number +1 (310) 929 7488. Please direct any Notification or counter-notification to this agent.
This Site contains links to third-party websites. These linked websites are not under the control of Surgery Theater, and Surgery Theater is not responsible for the contents of any linked site or any link contained in a linked site. Hypertext links to third-party sites are permitted insofar as they relate to materials and content in the field of medicine or surgery. Indeed, your Content can go viral through your use of the “Share” button. Notwithstanding the foregoing, links deemed by Surgery Theater to be unrelated to the purpose of the Site or inappropriate may be disabled by Surgery Theater in its sole discretion. If Surgery Theater provides these links, Surgery Theater does so only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by Surgery Theater. Therefore, you need to pay special attention to the terms and conditions of use and privacy and security policies that govern such linked or third party websites. In addition, it is possible that Users will post on the Site links to third-party promotions, products or services. Your communications, activities, relationships and business dealings with any third parties’ advertising or promotions accessed via the Site, Content, services or materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Surgery Theater is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
ALL SITE INFORMATION, INCLUDING WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND SURGERY THEATER AND ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS, WHETHER EXPRESS, IMPLIED (IN FACT OR IN LAW) OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SURGERY THEATERAND ITS AFFILIATES AND LICENSORS DO NOT IN ANY WAY WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR QUALITY OF SITE INFORMATION OR CONTENT ON THE SITE, OR THAT THE SITE INFORMATION OR CONTENT ARE UP TO DATE OR ERROR-FREE OR THAT THE SITE, SITE INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE ENTIRELY SECURE OR THAT THE SITE OR CONTENT ARE VIRUS-FREE OR THAT THEY WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE OR SYSTEM. MUCH OF THE CONTENT ON THE SITE HAS NOT BEEN AUTHORIZED BYSURGERY THEATER, AND SUCH CONTENT IS THE SOLE RESPONSIBILITY OF SUCH CONTENT’S ORIGINATOR. SURGERY THEATER DISCLAIMS ALL LIABILITY FOR ANY SUCH CONTENT, WHETHER OR NOT SURGERY THEATER REVIEWED OR MODERATED SUCH CONTENT. NO CONTENT OR SITE INFORMATION CONSTITUTES MEDICAL ADVICE, AND NO CONTENT OR MEDICAL INFORMATION IS INTENDED TO REPLACE YOUR NEED TO CONSULT A LICENSED MEDICAL PRACTITIONER AND/OR PROFESSIONAL FOR ANY SPECIFIC MEDICAL ADVICE OR CONSULTATION THAT YOU SEEK. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON CONTENT ON THE SITE. FURTHER, WE DO NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE. ADDITIONALLY, IN NO EVENT WILL SURGERY THEATER OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE, ITS CONTENT OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. SURGERY THEATER RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS SITE, THE CONTENT OR THE PRODUCTS OR PROGRAMS DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of implied warranties, so certain of these exclusions or limitations may not apply to you. To the maximum extent permitted by applicable law, if implied warranties cannot be disclaimed, they will be limited in time to 90 days.
You agree to indemnify and hold Surgery Theater and its licensors, subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of Content or any other information that you submit to and/or post on the Site, your use of the Site, your violation of this Agreement, or violation by you or your Content of any third party rights, including without limitation, intellectual property rights, privacy rights and rights of publicity.
Surgery Theater reserves the right directly, or acting through agents or third parties, to investigate any violation of this Agreement and take appropriate remedial action. Surgery Theater may enforce the terms of this Agreement by any legal means, including, but not limited to, warning you of violations; disabling or suspending privileges and/or access; removing, blocking or editing any Content; or prohibiting any behavior that does not comply with this Agreement, or which is otherwise inappropriate, harmful or objectionable. Surgery Theater may release information concerning your use of the Site (including records and published Content) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply this Agreement; to protect our rights or property; to protect any other User of the Site; to protect against fraudulent, abusive or unlawful use of the Site; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use the Site violate this Agreement and may result in legal action. To report violations of this Agreement, please email [email protected], with appropriate details, including your contact information.
Surgery Theater’s Privacy Statement applies to Surgery Theater’s handling of any personal information or data that you provide to us when using the Site, and is found here.You agree to be bound by this Privacy Statement.
IN NO EVENT SHALL SURGERY THEATER, ITS LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT SURGERY THEATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, ITS SERVICES, CONTENT OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES, CONTENT OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS, CONTENT OR OTHER DATA; (5) ANY INFORMATION OR CONTENT THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, CONTENT, MATERIALS OR OTHER INFORMATION; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
This Site is controlled by Surgery Theater from its offices in Beverly Hills, California, United States of America. All matters relating to your access to, or use of, this Site, as well as this Agreement, shall be governed by the laws applicable in California, without regard to its choice or conflicts of law provisions. The parties expressly waive any right to a jury trial regarding disputes related to this Agreement. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Los Angeles, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. If you access the Site from a location outside the United States, you are responsible for compliance with any applicable local laws.
Any ideas, including ideas for advertising or marketing campaigns, promotions, surgical or medical procedures, products or product names, technologies, processes or materials that are posted on this Site or sent to Surgery Theater for consideration via this Site shall not be deemed to be your confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith). The foregoing does not include your videos or other Content posted on the Site, which are governed by other provisions of this Agreement. You agree that any submission of ideas or feedback to Surgery Theater will not be considered your Content under this Agreement, and will be owned by Surgery Theater upon receipt. You acknowledge that Surgery Theater has many products and services in development, and therefore Surgery Theater already may have concepts or ideas in the planning stages or under development that are identical to or similar to the concept or idea you have submitted to Surgery Theater.
Surgery Theater is a trademark of Surgery Theater Inc., and other Surgery Theater product names, service names, slogans, or logos referenced on this Site are trademarks or registered trademarks of Surgery Theater Inc. All other company, product or service names referenced on this Site are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. You are not permitted to use any Surgery Theater trademarks, or trademarks on the Site belonging to third parties, without the prior written consent of Surgery Theater or the third party that may own such trademarks.
GENERAL No text or information set forth on any purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of a party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. This Agreement comprises the entire agreement between you and Surgery Theater and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein (excluding any other agreements which you have signed with Surgery Theater). There are no third-party beneficiaries to this Agreement. You may not assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without Surgery Theater’s prior written consent. Surgery Theater does not attempt to comply with the laws of every country from which a User might access the Site. CHANGES TO TERMS Surgery Theater may change the terms of this Agreement from time to time. Any changes will take effect thirty (30) days after they are posted, and you agree that if you are required to accept this Agreement at any future time, you will at such time be contractually bound to the modifications contained in the Agreement that you have just accepted. You should check periodically for changes to this Agreement. OTHER AGREEMENTS This Agreement does not supersede any other agreements you have signed with Surgery Theater, but is additional to all such agreements. PROBLEMS, SUGGESTIONS, QUESTIONS If you are dissatisfied with the Site, or you have ideas on how the Site could be improved, or you just have a general inquiry, please submit it to [email protected]
Effective Date: August 1, 2011