Terms of Use
By accessing EyeGuru.org (hereinafter the "Site") or by submitting the registration information you create an agreement with us. Under this agreement, you agree to be bound by these Terms of Use as amended from time to time. In return, we agree to allow you to access and use the Site until terminated in accordance with these Terms.
Please take the time to read these terms of use carefully as they contain important information regarding your legal rights remedies and obligations. These include various limitations and exclusions. If you do not agree with these Terms of Use, please do not register on EyeGuru.org, or access the site.
Overview
The following are terms of a legal agreement between you (hereinafter the “User”) and EyeGuru. By accessing, browsing, or using EyeGuru.org, the Site, you acknowledge that you have read, understood, and agree to be bound by these terms (hereinafter the “Terms of Use”) and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site.
EyeGuru may, without notice to you, at any time revise these Terms of Use and any other information contained in this website by updating this posting. EyeGuru may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
These Terms of Use apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with EyeGuru.
It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Medical Disclaimer
Content on the Site is provided for educational purposes only. It should not be used to diagnose or treat. It is not intended as, nor should it be, a substitute for independent professional medical care. We recommend that you consult your own physician regarding any diagnosis, imaging interpretation or course of treatment.
The Site cannot guarantee the accuracy of content and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.Medical practitioners must make their own independent assessment before suggesting a diagnosis or recommending or instituting a course of treatment. The Site in no way should be seen as a replacement for consultation with colleagues and /or other sources, nor as a substitute for conventional training and study.
If you are not medically qualified and are registering as a lay person, you further acknowledge that the content on the Site is provided for educational purposes only, and is provided for use by medical professionals. You agree to use the information solely for your own private educational purposes and further agree not to rely on the information in any way.
Ownership and Licenses
User contributed image content
All image content that is found on this Site, (i.e. ophthalmology cases, diagrams and photos), are licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported license (hereafter "CC license"), and retain the “EyeGuru.org” logo if present, as such license is modified in accordance with these Terms.
Provided no copyright breach or license breach occurs, image content licensed under a different license (including but not limited to Creative Commons licenses), may be obtained from a third party. In such cases the original license should be included in the image description, and reference to the original source made in the form of a URL.
Image content may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part outside the bounds of the CC license, without prior written permission from the contributing user.
Text content
All text content on this site (including but not limited to articles, case descriptions, image descriptions and all communications you transmit to anyone through the Site) is the property of EyeGuru.org, and unless otherwise agreed by EyeGuru in writing, is licensed to you under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported license.
Text content may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part outside the scope of this license, without prior written permission from EyeGuru.
Where you contribute any text content, you assign to Eyeguru, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights) and warrant that you are entitled to make such assignment.
Notice of Copyright Infringement
If you believe that your copyrighted material has been improperly used on this Site, please contact us.
User Conduct
General
In using this Site, you agree:- to comply with all policies of EyeGuru contained in or referred to on, this Site or as otherwise communicated to you by or on behalf of EyeGuru from time to time;
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
- not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
- not to use or attempt to use another's account, service or system without authorization from EyeGuru , or create or use a false identity on this Site;
- not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
- not to divulge your username and password to others either on or off the Site;
- not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and
- not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient's particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations.
Online Communities and Other Interactive Areas
The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, defamatory, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. EyeGuru reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless EyeGuru and its affiliates and parties with whom EyeGuru has contracted for purposes of hosting or maintaining this Site (collectively referred to hereafter as "EyeGuru and its Providers") from all claims from third parties based upon communications made or materials posted by you or upon your abuse of this Site.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or other applicable regulatory agency.
Privacy Policy
You acknowledge and agree that EyeGuru may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.
Links and Third Party Content
Links to Other Web Sites
This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship (except in the case of “the sponsor” clearly identified) or recommendation by EyeGuru of or affiliation or association of EyeGuru with or responsibility of EyeGuru for the linked Web sites or any content, services or products available on or through such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Links do not imply that EyeGuru or this Site is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ours or of any of our affiliates or subsidiaries.
Links to other Web sites should not be posted by users, except when in the form of a link to a reference textbook or journal in the reference field of articles. This Site reserves the right to remove any and all links from any part of the Site and posted by any user without consultation.
Links from Other Web Sites
All links to this Site must be approved in writing by EyeGuru, except that EyeGuru consents to links in which:- the link, when activated by a user, displays the Site full-screen and not within a “frame” on the linked Web site, and
- the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by EyeGuru or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of EyeGuru or its affiliates.
In any event, you agree that EyeGuru reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which EyeGuru consent has been withdrawn.
Disclaimers and Limitations of Liability
General Disclaimer
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE "MEDICAL DISCLAIMER" ABOVE AND ANY OTHER CONDITIONS BROUGHT TO YOUR ATTENTION IN THE COURSE OF YOUR ACCESS TO, OR USE OF, THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING, EYEGURU AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE USE OF USE SITE. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EYEGURU AND ITS PROVIDERS ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTY OR REPRESENTATION:
as to, the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of this Site or of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties through the Site;
- that confidentiality of information transmitted through the site will be maintained;
- that the Site will be of merchantable quality, fit for a particular purpose or meet your requirements;
- that any access to or use of the Site will:
- not infringe any rights (including intellectual property rights) of any third party; or
- be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system. You must take your own precautions to ensure that whatever you select for your use from this Site is free of defects, viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system. EyeGuru and its Providers are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of the Site We do not warrant that your access to or use of the Site will be uninterrupted or error free
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH YOUR USE OF EYEGURU OR ANY ACCESS TO OR USE OF THIS SITE CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT EYEGURU DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING SENTENCE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EYEGURU AND ITS PROVIDERS TO YOU IN CONNECTION WITH THESE TERMS OF USE EXCEED US$100. WHERE ANY LEGISLATION IMPLIES IN THE AGREEMENT ANY TERM, CONDITION OR WARRANTY, AND ALSO RENDERS VOID ANY PROVISION IN A CONTRACT WHICH PURPORTS TO EXCLUDE OR MODIFY THE APPLICATION OR EXERCISE OF, OR LIABILITY UNDER, SUCH TERM, CONDITION OR WARRANTY, SUCH TERM, CONDITION OR WARRANTY WILL BE DEEMED TO BE INCLUDED IN THESE TERMS OF USE, HOWEVER, THE AGGREGATE LIABILITY OF EYEGURU AND ITS PROVIDERS FOR ANY BREACH OF SUCH TERM, CONDITION OR WARRANTY WILL BE LIMITED, AT EYEGURU ‘S OPTION, TO ANY ONE OR MORE OF THE FOLLOWING:
- (a) if the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- (b) if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
TO THE MAXIMUM EXTENT PERMITTED BY LAW EYEGURU AND ITS PROVIDERS EXCLUDE ALL LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE OF ANY KIND (HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE) ARISING FROM OR RELATING IN ANY WAY TO ANY ACCESS TO OR USE OF THIS SITE (INCLUDING LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR COSTS OF REPLACEMENT GOODS, OR OTHERWISE, EVEN IF SAME HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES).
Indemnity
YOU MUST INDEMNIFY AND KEEP INDEMNIFIED EYEGURU AND ITS PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, COSTS, EXPENSES (INCLUDING INVESTIGATIVE COSTS, COURT COSTS, LEGAL FEES, PENALTIES, FINES AND INTEREST) AND DAMAGES OF ANY KIND (INCLUDING THOSE WHICH ARE PROSPECTIVE OR CONTINGENT) WHATSOEVER AND HOWSOEVER, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING LIABILITY ARISING IN CONNECTION WITH YOUR BREACH OF THESE TERMS.
Termination
EyeGuru may, as it sees fit, for any reason or no reason at all, without liability to you or any third party, terminate your registration or your access to the Site. If we exercise any such termination right we will send an e-mail to the e-mail address we then have with your registration details and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).
You may terminate your registration for any reason at any time by sending an email to [email protected].
If your account is terminated, we may, as we see fit, delete any content relating to your use of the Site on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to edit the Site.
Governing Law; Venue and Jurisdiction
Applicable Law
These Terms of Use shall be governed by the laws of the United States of America.
Competent Jurisdiction
In the absence of mutual agreement, any dispute arising from the interpretation and/or performance of the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent American Courts, of the State of California.
Effective Date, Amendment and Severability
These Terms of Use are effective as of 1st January 2013. EyeGuru may from time to time change these Terms of Use by posting the amended terms to the Site. Your continued use of the Site after any changes become effective means you accept such changes. If you do not agree to any changes, you must not continue to use the Site.
Except solely as provided in this paragraph, these Terms may not be changed without the handwritten (non-electronic) signature of an authorized representative of EyeGuru. If any provision of these Terms are held unenforceable, the remaining portions shall remain in full force and effect.
