Terms of use

    Last Updated October 27, 2008

    This web site (the "Web Site") is a service made available by Dermatopathology Consultations LLC, doing business as Dermpedia (referred to as "we" or "us" or other similar terms), and all content, information and software provided on or through the Web Site (collectively, the "Content") may be used solely under these Terms of Use. By using the Web Site, you are agreeing to be bound by these Terms of Use. If you do not want to be bound by these Terms of Use, please do not use the Web Site. We may change these Terms of Use at any time. Those changes will be effective immediately upon posting of the modification(s) on the Web Site. The "last updated" date will always be prominently displayed at the top of this document. You agree to review this document from time-to-time to make sure that you are aware of any changes. Your continued use of the Web Site indicates your acceptance of the modified Terms of Use.

    1. Limited License. We grant you a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site for your personal use only and not for commercial exploitation. We may terminate this license or deny you access to all or any part of the Web Site at any time for any reason. You may not copy, download, store, modify, reproduce, republish, distribute, display, or transmit for any purpose (whether commercial, non-profit or public) any Content other than User Content (as defined below) without our express prior written permission. You agree not to use or permit the use of the Web Site for any unlawful purpose. You may not authorize or permit any person to access or use the Web Site.

    2. Proprietary Rights to Web Site. All right, title, and interest (including all copyrights and other intellectual property rights) in the Web Site and the Content (in both print and machine-readable forms) belong to us or our third party suppliers of materials, except that User Content submitted by you is governed by the sections titled "Your Rights in User Content Submitted by You" and "Your Rights in User Content Submitted by Others." You may not use the Web Site or the Content in any fashion that infringes the copyrights or proprietary interests therein.

    3. Your Rights in User Content Submitted by You. When you upload content to or submit any materials for use on the Web Site ("User Content"), you must do so under a Creative Commons license. There are six types of Creative Commons licenses, and you will be permitted to choose which Creative Commons license will apply to User Content submitted by you each time you submit the material to the Web Site. All User Content submitted to DermpediaTextbook and, if you do not specify otherwise, all other User Content (cases, images, comments) submitted by you will be licensed under the Attribution Non-commercial Share Alike license. This means that you permit others to copy, distribute and transmit the work and to modify and adapt the work, as long as they attribute the work to you, they do not use the work for commercial purposes, and if they modify or alter the work, they distribute the resulting work only under the same or similar license. If you want to offer your work with no conditions, choose the public domain. You will also have an option to retain all copyrights which will allow you to transfer the rights to the content to the publishers, etc. You may obtain additional information about Creative Commons licenses at http://www.creativecommons.org/.

    4. Our Rights in User Content Submitted by You. By uploading or submitting any User Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the User Content in connection with the Web Site (and we will not use it for any other purpose without your permission). We reserve the right (but have no obligation) to review all User Content prior to submission to the Web Site and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.

    5. Your Rights in User Content Submitted by Others. You may use User Content submitted by others under the terms of the Creative Commons license that applies to such User Content.

    6. Restrictions on User Content. You agree that you will not upload or submit any User Content that infringes or violates any rights of any party. By uploading or submitting any User Content, you warrant that you have permission for you to make this contribution and grant rights described herein. You agree to only upload or submit media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license. It is strictly prohibited to upload or submit any User Content that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that may violate the rights of others. You agree that you will not upload or submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web Site. By submitting User Content, you agree that such submission is non-confidential for all purposes. You agree to report to us any potential violations of copyrights.

    7. Registration. Certain sections of the Web Site require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single person only, and you may not permit any other person to use the registered sections under your name. If you believe there has been unauthorized use, you must notify us immediately.

    8. No Guaranty of Validity. The Web Site is an open-content collaborative service, with contributions coming from users of the Web Site. We expect that most users will be qualified in medicine and the fields of dermatology, pathology or dermatopathology, but that may not be the case with all users. We do not verify the training or experience of users of the Web Site, and there may be contributions to the Web Site made by users who are not qualified with respect to the matters on which they contribute. The Web Site is not uniformly peer reviewed. On occasion, users may correct errors made by other users, but they are not obligated to do so. We are not responsible for and assume no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of information contained in any User Content. The information and opinions in all User Content is neither endorsed by us nor does it reflect our belief. In short, we cannot guaranty the validity of the User Content found on the Web Site. YOU ASSUME ALL RISKS CONCERNING YOUR USE OF THE WEB SITE OR ANY INFORMATION FOUND ON THE WEB SITE.

    9. Privacy. To protect your privacy and the privacy of others, you agree that you will not upload or submit any User Content that contains any personally identifiable health information of you or of anyone else. Specifically, you who concurs with the above diagnosis that the posted images will not allow identification of individuals. If you are a physician or other health care provider, doing so may violate the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Privacy Rule issued pursuant thereto (codified at 45 CFR Parts 160 and 164 as amended) (collectively, "HIPAA"). You are solely responsible for your compliance with HIPAA. You agree to report to us any potential violations of HIPPA involving the Website or any Content.

    10. Informational Use Only. The Content on the Web Site is for informational purposes only. The Content is not intended to and does not constitute medical advice, is not intended to be used and should not be used for the treatment of specific patients, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

    11. Third Party Content. The Web Site may contain links to third-party sites which are not under our control and we are not responsible for the contents of any linked site, or any changes or updates to such sites.

    12. Disclaimer of Warranty. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

    13. Limitation of Liability. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Site or the Content, (b) the unavailability or interruption of the Web Site or the Content (or any part thereof), (c) your use of the Web Site or the Content (regardless of whether you received any assistance from a Covered Party in using the Web Site or the Content), or (d) your use of any equipment in connection with the Web Site or the Content. "Covered Party" means (a) us, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of us or our affiliates; and (b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Content or any of their affiliates. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEB SITE OR THE CONTENT OR THE USE OF OR INABIILITY TO USE THE WEB SITE OR THE CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED FOR ANY REASON, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEB SITE OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), AND YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

    14. Additional Terms. Other provisions that govern your access to and use of the Web Site and the Content are set forth in online descriptions of files, online notices following file selection, and individual documents retrieved from the Web Site, all of which are incorporated by reference into these Terms of Use. In the event of any conflict between such other terms and these Term of Use, these Terms of Use shall control.

    15. General.
    (a) Our failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.
    (b) The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
    (c) You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent.
    (d) These terms of Use shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts. The sole jurisdiction and venue for any litigation arising out of your access to or use of the Web Site or the Content shall be an appropriate federal or state court located in Massachusetts, and you agree and expressly consent to the exercise of personal jurisdiction in the courts in Massachusetts in connection therewith.
    (e) These Terms of Use constitute the entire agreement between you and us with respect to the use of the Web Site or the Content.