Visitor Agreement
1
ACCEPTANCE OF TERMS
1.1
Your access to and use of www.digitalbariatrics.com ("the Website") and
any Services referred to in Clause 2, is subject exclusively to these Terms and
Conditions. You will not use the
Website/Services for any purpose that is unlawful or prohibited by these Terms
and Conditions. By using the
Website/Services you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do
not accept these Terms and Conditions you must immediately stop using the
Website/Services.
1.2
We reserve the right to update or amend these Terms and Conditions at any
time and your continued use of the Website/Services following any changes shall
be deemed to be your acceptance of such change.
It is therefore your responsibility to check the Terms and Conditions
regularly for any changes.
2
THE SERVICES
The Website may provide communication tools such as email, bulletin
boards, chat areas, news groups, forums and/or other message or communication
facilities ("the Services") designed to enable you to communicate with others.
Unless stated otherwise the Services are for your personal and non-commercial
use only.
3
CHILD SUPERVISION
We are concerned about the safety and privacy of our users,
particularly children. Parents who
wish to allow their children access to and use of the Website/Services should
supervise such access and use. By
allowing your child access to the Services you are allowing your child access to
all of the Services, including email, bulletin boards, chat areas, news groups,
forums and/or other message or communication facilities. It is therefore your responsibility
to determine which Services are appropriate for your child. Always use caution when revealing
personally identifiable information about yourself or your children via any of
the Services.
4
PRIVACY POLICY
We are committed to responsible data management and subscribe to the
principals of the data protection legislation in the United States.
We are committed to maintaining the privacy of our users and maintaining
the security of any personal information received from you. If you register for any of the
Services you will be asked to provide basic personal information. The information provided by you is
not available for sale or use by third parties.
The information is used solely for notifying you of changes or updates to
the Website/Services.
OR
4.1 We are committed to responsible data
management and subscribe to the principals of the data protection legislation in
the United States. We are committed to maintaining the
privacy of our users and maintaining the security of any personal information
received from you. If you register
for any of the Services you will be asked to provide basic personal information. The information provided by you is
not available for sale or use by third parties.
The information is used solely for notifying you of changes or updates to
the Website/Services.
4.2
We use a technology called "cookies" as part of our normal business
procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that
the Website sends to your browser that is then stored on your system. You can set your browser to prevent
this happening. Any information
collected in this way can be used to identify you unless you change your browser
settings.
5
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be
required to complete the registration process by providing certain information
and registering a username and password for use with that Service. You are responsible for maintaining
the confidentiality of the username and password and also for all activities
which take place under your account.
You agree to immediately notify us of any unauthorised use of your password or
account or any other breach of security.
In no event will Digital Bariatrics be
liable for any indirect or consequential loss or damage whatsoever resulting
from the disclosure of your username and/or password. You may not use another person’s
account at any time, without the express permission of the account holder.
6
ACCEPTABLE USE
6.1
You acknowledge that all information, text, graphics, logos, photographs,
images, moving images, sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the sole responsibility of
the person from whom such Content originated.
We do not control or endorse the Content and cannot guarantee the
accuracy, integrity or quality of such Content and you acknowledge that by using
the Services you may be exposed to Content that is offensive and/or indecent. Digital Bariatrics will not be liable in any way for any Content or for any loss or
damage of any kind resulting from the use of any Content transmitted via the
Services and you agree to bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness of such Content.
6.2 In
using the Website/Services you agree not to:
6.2.1 use
the Services to send junk email, spam, chain letters, pyramid schemes or any
other unsolicited messages, commercial or otherwise;
6.2.2
post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing or
unlawful;
6.2.3
post, publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account of their
race, religion, disability, nationality or otherwise;
6.2.4
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including
rights of privacy and publicity) of others;
6.2.5 use
any information or material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any party;
6.2.6 make
available or upload files that contain a virus, worm, trojan or corrupt data
that may damage the operation of the computer or property of another;
6.2.7
collect or store personal information about others, including email addresses;
6.2.8
advertise or offer to buy or sell goods or services for any commercial purpose,
unless such communication facility specifically allows such messages;
6.2.9
impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any
applicable laws or regulations;
6.2.11 use the
Website/Services in any manner that could damage, disable, overburden or impair
the Website/Services or interfere with any other party’s use and enjoyment of
the Website/Services;
6.2.12 post, publish,
distribute or disseminate material or information that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information or confidential information disclosed in the course of
employment or under a confidentiality agreement);
6.2.13 attempt to gain
unauthorised access to any of the Services, other accounts, computer systems or
networks connected to the Website/Services through hacking, password mining or
any other means.
6.3
We have no obligation to monitor the Services but shall be entitled to
review materials posted to a communications facility and, at our sole
discretion, to remove any material that breaches these Terms and Conditions or
is otherwise objectionable.
7
TERMINATION
We have the right to terminate your access to any or all of the Services at any time,
without notice, for any reason, including without limitation, breach of these
Terms and Conditions. We may also at
any time, at our sole discretion, discontinue the Website/Services or any part
thereof without prior notice and you agree that we shall not be liable to you or
any third party for any termination of your access to the Website/Services.
8
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are
controlled and maintained by others.
Any link to other websites is not an endorsement of such websites and you
acknowledge and agree that Digital Bariatrics is
not responsible for the content or availability of any such sites.
9
INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you
reside (if different) and with all local laws and rules regarding acceptable use
of and conduct on the Internet.
10
INTELLECTUAL PROPERTY RIGHTS
10.1
The Website and its content (including without limitation the Website design,
text, graphics and all software and source codes connected with the Website and
the Services) are protected by copyright, trade marks, patents and other
intellectual property rights and laws.
In accessing the Website you agree that you will access the contents
solely for your personal, non-commercial use.
None of the content may be downloaded, copied, reproduced, transmitted,
stored, sold or distributed without the prior written consent of the copyright
holder. This excludes the
downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
10.2
Digital Bariatrics does not claim ownership of any
materials you post, upload or submit to any publicly accessible area of the
Services. However, by doing so you are granting us a world-wide, royalty free,
non-exclusive licence to copy, distribute, transmit, reproduce, publicly
display, edit, translate or publish such Content for as long as you elect to
display such Content via the Services.
The licence shall be terminated when such Content is deleted from the
Services.
11
INDEMNITY
You agree to indemnify and hold Digital Bariatrics harmless from and against any breach by you of these Terms and
Conditions and any claim or demand brought against Digital Bariatrics by any third party arising out of your use of the Services
and/or any Content submitted, posted or transmitted through the Services,
including without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs and
expenses) howsoever suffered or incurred by Digital Bariatrics in consequence of your breach of these Terms and Conditions.
12
DISCLAIMERS AND LIMITATION OF LIABILITY
12.1
Use of the Website/Services is at your own risk.
The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of any kind
whether express or implied, including but not limited to the implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
12.2
To the extent permitted by law, Digital Bariatrics
will not be liable for any indirect or
consequential loss or damage whatsoever (including without limitation loss of
business, opportunity, data, profits) arising out of or in connection with the
use of the Website/Services.
12.3 Digital
Bariatrics makes no warranty that the
Website/Services will meet your requirements, that Content will be accurate or
reliable, that the functionality of the Website/Services will be uninterrupted
or error free, that defects will be corrected or that the Website/Services or
the server that makes them available are free of viruses or anything else which
may be harmful or destructive.
12.4
Nothing in these Terms and Conditions shall be construed so as to exclude or
limit the liability of Digital Bariatrics for
death or personal injury as a result of the negligence of
Digital Bariatrics.
12.5
Nothing in these Terms and Conditions shall affect your statutory rights as a
consumer.
13
SEVERANCE
If any of these Terms and Conditions should be determined to be
invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction then such Term or Condition shall be severed and the remaining
Terms and Conditions shall survive and remain in full force and effect and
continue to be binding and enforceable.
14
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in
accordance with the law of the United States
and you hereby submit to the exclusive jurisdiction of the
United States of Americas courts.