Terms of Use

Last updated: January 1, 2021

1. General

1.1.	MDNB is a service mark of Doctor's Guide Publishing Limited (“Doctor's Guide Publishing Limited” or “us”). Doctor's Guide Publishing Limited is located at 1, rue Hildegard von Bingen, L-1282 Luxembourg, Luxembourg
1.2.	These Terms of Use (these "Terms") govern your access and use of the website and any other online service or newsletter operated by Doctor's Guide Publishing Limited which displays or includes a link to these Terms (collectively, our "Services"). Any reference to our "Services" in these Terms shall also apply to any component of our Services.
1.3.	Our Services are only available to persons who are of the age of majority in their respective jurisdiction of residence. Our Services are also not available to any persons barred from receiving them under applicable law, such as applicable export and re-export restrictions and regulations.
1.4.	By accessing or using our Services, you represent that you are at least the age of majority in your jurisdiction of residence and are not prohibited from receiving our Services, and agree to these Terms. If you do not agree to these Terms, do not use our Services.
1.5.	We reserve the right to make amendments to these Terms at any time at our sole discretion. Such amendments enter into force when we publish them on our Services and communicate them to you in an appropriate manner as required by applicable law. Your continued use of our Services after being notified of such amendments signifies your consent to the amended Terms. If you do not agree to the amended Terms, please stop using our Services.

2. Intellectual Property Rights; License Grant

2.1.

All content, information and other materials available through our Services, including, without limitation, our trademarks and logos, the visual interfaces, photographs, images, illustrations, design, compilation, articles, advertisements, information, software, computer code, services, text, pictures, information, data, audio clips, video clips, and the selection and arrangement thereof (collectively, the “Content”) are protected by applicable intellectual property, copyright and proprietary rights and laws. All of the Content is the property of ours, our affiliates or our licensors.

2.2.

As long as you continue to comply with these Terms, we grant you a limited, personal, revocable, non-exclusive, and non-transferable license to:

2.2.1.	Use our Services for your personal, non-commercial use only; and
2.2.2	Print or download pieces of the Content for your personal and non-commercial use.

2.3.

You agree you may not remove any proprietary, copyright or other applicable notices from any Content, and agree to abide by any additional copyright notices or restrictions contained in any Content.

2.4.

Unless we expressly state in writing otherwise and except as expressly permitted herein:

2.4.1.	You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, resell, or otherwise use any Content;
2.4.2	Nothing in these Terms shall be interpreted as conferring on you any license to intellectual property rights, whether by estoppel, implication or other legal principles.

2.5.

We reserve the right to make amendments to these Terms at any time at our sole discretion. Such amendments enter into force when we publish them on our Services and communicate them to you in an appropriate manner as required by applicable law. Your continued use of our Services after being notified of such amendments signifies your consent to the amended Terms. If you do not agree to the amended Terms, please stop using our Services.

2.6.

If you are a copyright or intellectual property owner or an agent thereof and believe that any Content infringes upon your copyright or intellectual property interests, please submit a notice via our Feedback page here. Please include the following information in your notice:

2.6.1.	An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.6.2	A description of the copyrighted work or other intellectual property interest that is the subject of your claim;
2.6.3	A description of where the material is located on our Services;
2.6.4	Your address, telephone number, and address;
2.6.5	A statement by you that you have a good faith belief that access to the relevant material through our Services is unauthorized; and
2.6.6	A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.

3. Privacy

For more information about our collection and use of your personal information, see our Privacy Policy.

4. Third-Party Content and Links in Our Services

4.1.	Our Services may provide you with access to information, content, materials, and services that reside on third-party platforms, such as websites or resources not owned or controlled by us ("Third-Party Content").
4.2.	We do not represent or endorse the availability, reliability, accuracy and/or quality of Third Party Content.
4.3.	You agree to assume all risk and liability relating to your use of Third Party Content.
4.4.	You may include links to our Services in online services or content that you operate and control, but you agree to promptly remove any such links on our written request, including but not limited to, because we believe such links negatively impact our reputation.

5. Registration

5.1.	Your use of certain parts of our Services requires that you register for an account by providing a valid address and other personal information, and establishing a password.
5.2.	You are required to provide us with accurate, current and complete information upon registration and at all other times.
5.3.	You are solely responsible for maintaining the confidentiality of your account, for restricting access to the devices you use to access our Services, and for all activities that take place in connection with your account.
5.4.	You agree to promptly notify us of any unauthorized use of your login credentials or any other breach of security, by emailing privacy@mdnbupdate.com.

6. Prohibited Conduct

6.1.

You shall not use or allow the use of our Services for:

6.1.1.	Any illegal, unlawful or malicious purpose or activity;
6.1.2	Activities that we deem improper for any reason whatsoever in our sole discretion; or
6.1.3	The purpose, even if it is not one of the main purposes, of building a service that would compete with our Services or to assist another person in building such a service.

6.2.

You shall not and shall not attempt to:

6.2.1.

Sell, rent, lease, share or provide access to your account to anyone else;

6.2.2.

Access or use another user’s account on our Services without our written approval;

6.2.3.

Disrupt, impair or interfere with our Services or any security function of our Services;

6.2.4.

Use our Services for advertising purposes without obtaining our prior permission;

6.2.5.

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, such as the right to privacy or publicity;

6.2.6.

Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;

6.2.7.

Publish, post, upload, store, distribute or disseminate any material which:

6.2.7.1.	we may deem inappropriate, profane, defamatory, obscene, indecent or unlawful;
6.2.7.2.	could be construed to be medical advice and/or constitute a breach of doctor-patient confidentiality;
6.2.7.3.	could violate any applicable law including copyright or other intellectual property rights;
6.2.7.4.	contains a virus, worm, Trojan horse, or other harmful or disruptive component.

6.2.8.

Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Services;

6.2.9.

Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services, monitor data or traffic on our Services, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services, such as a denial of service attack.

7. Comments and Feedback

7.1.	If you publish through our Services or share with us (collectively, "Share") any content, information or other materials (collectively, your "Comments and Feedback"), such Comments and Feedback shall be deemed non-confidential and not proprietary.
7.2.	We will be free to use and redistribute your Comments and Feedback on an unrestricted basis, without any compensation to you. We reserve the right not to use or redistribute your Comments and Feedback, and to remove any Comments and Feedback from our Services at any time at our sole discretion.
7.3.	You represent and warrant that you have all necessary rights and authority to Share your Comments and Feedback and grant the rights that you grant herein, and authorize us to use your Comments and Feedback for any purpose whatsoever.

8. Disclaimers

8.1.	WE DO NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE OR SERVICES. OUR SERVICES ARE INTENDED TO PROVIDE INFORMATIONAL AND EDUCATIONAL CONTENT ONLY TO HEALTHCARE PROFESSIONALS.
8.2.	WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH OUR SERVICES. YOU RELY UPON ANY SUCH CONTENT AND OUR SERVICES AT YOUR SOLE RISK.
8.3.	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES AND THE CONTENT “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND Doctor's Guide Publishing Limited, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, PROPRIETORS, REPRESENTATIVES, AGENTS, ASSIGNS, SUCCESSORS, SHAREHOLDERS, PARTNERS AND SUPPLIERS ("Doctor's Guide Publishing Limited PARTIES") HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO OUR SERVICES’ OR THE CONTENT’S SUITABILITY, AVAILABILITY, COMPLETENESS, TIMELINESS, LEGALITY, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
8.4.	Nothing in these Terms is intended to affect any rights which you may have under local laws which cannot be waived by contract.

9. Limitation of Liability

9.1.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Doctor's Guide Publishing Limited PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SERVICES OR ANY OF THE CONTENT IS TO STOP USING OUR SERVICES OR ANY SUCH CONTENT.

9.2.

If you have any legal basis for recovering damages from us, to the extent permitted by applicable law, you agree that your exclusive remedy shall not exceed damages in excess of $50.

10. Indemnity

10.1.	You agree to defend, indemnify and hold harmless Doctor's Guide Publishing Limited Parties from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of our Services or the Content, or any breach by you of these Terms.
10.2.	Doctor's Guide Publishing Limited Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to provide such Doctor's Guide Publishing Limited Parties with all reasonably requested assistance, information and cooperation at your own expense.

11. Termination

To the fullest extent permitted by applicable law, we reserve the right to deny you access to our Services and to terminate this agreement at any time for any reason, including but not limited to, where we consider that your use of our Services breaches these Terms or applicable law, you fraudulently use or misuse our Services, or we are unable to continue providing our Services due to technical or legitimate business reasons. Any such termination by us will be effective even if we do not provide you with notice of the termination.

12. Governing Law and Jurisdiction

12.1.

To the fullest extent permitted by applicable law, you agree that these Terms will be construed and enforced in accordance with the statutes and laws of the State of New York, without regard to its choice of laws principles, and any action to enforce these Terms will be brought exclusively in the federal or state courts presiding in the State of New York, to whose jurisdiction you expressly agree to submit.

12.2.

Notwithstanding the above, you agree that we may instigate proceedings for equitable relief in any court of competent jurisdiction.

13. Entire Agreement and Reservation of Rights

13.1.	These Terms and any terms referred to herein represent the entire agreement between you and us with respect to our Services and supersede all prior or contemporaneous agreements.
13.2.	We reserve the right to assign these Terms to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
13.3.	We reserve any rights not expressly granted herein.

14. Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

15. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Survival