TERMS & CONDITIONS
MYDRDENESE.COM (the "Company") has launched a new social community
that offers a platform for our members worldwide to connect,
communicate and do commerce. MYDRDENESE.COM is an interactive,
content rich, blog- and video-centric online community developed
exclusively for our members.
These terms of service covers your use of the MYDRDENESE.COM
service for creating and enjoying social communities on the
MYDRDENESE.COM Platform.
By joining MYDRDENESE.COM, creating, or using your profile built on
www.mydrdenese.com, you are agreeing to the following terms of
service ("Terms of Service" or "Terms").
Description & Definitions
MYDRDENESE.COM offers a platform for creating your own user profile
and provides access to the MYDRDENESE.COM community ("Community").
The following is designed to provide you with our rules, terms of
use. We have a separate Community Guidelines document that focuses
more of community rules. We encourage you to read that document as
well.
Social Communities or Communities
Social Communities are forums, groups or blog postings and are
created by members or by us and provided, through the use of the
MYDRDENESE.COM platform, for members to connect with other members
online. Social Communities include features such as member
profiles, friends, comments, recommendations, forums, photo
sharing, video sharing, reviews, ratings, people matching, and
events, among others.
Users | Members
Users and members are people or businesses who register on
MYDRDENESE.COM to create, find, visit, use, and contribute to one
or more community, which can include posting or responding to
content.
Content
Content means any work of authorship (other than the code and the
user interface of a social community), including member profiles,
comments, recommendations, forums, photos, videos, sounds, images,
text, files, listings, postings, messages, or other materials
posted on or transmitted through the MYDRDENESE.COM platform or
through any community. Members upload content to social
communities. Social communities, in turn, control content. If the
community creator or member designates the community as private,
any content submitted to that community will be deemed to be
private content. Private content is licensed for use only within
the community into which it is posted. Public content is available
in the community in which it is posted.
Tags
Tags are descriptions (words or phrases) you can assign to content.
You can assign as many Tags to content as you wish. You can also
add, edit, and delete tags that you've assigned.
Ownership of Content
MYDRDENESE.COM does not claim any ownership rights in the content
members provide. You, as a community member, own the content you
create and upload ("your content"). After posting your content, you
continue to retain all ownership rights in such content, and you
continue to have the right to use your content in any way you
choose, provided, the content does not violate any of the covenants
of the MYDRDENESE.COM Community Guidelines.
We also want to encourage sharing of content between members and
communities across the MYDRDENESE.COM network. To this end, by
uploading content to a forum, group, blog or comment in which the
content is designated as public content, you grant MYDRDENESE.COM
and all other members a nonexclusive license to reproduce, create
derivative works of, distribute, publicly perform, and publicly
display such content on the condition that the content is
attributed in a manner specified by its author, if at all (a
"Public Content License").
If you upload content that is designated private content, you grant
to MYDRDENESE.COM and all MYDRDENESE.COM members a nonexclusive
license to reproduce, distribute, publicly perform, and publicly
display such content on that community (including any RSS feeds and
other distribution that is part of such community) (a "Private
Content License").
By using MYDRDENESE.COM, you agree to provide MYDRDENESE.COM a
non-exclusive license to reproduce, distribute, publicly perform
and display such content online or offline to generally promote
MYDRDENESE.COM in advertising or other forums.
Unless you expressly state alternative applicable license terms in
connection with your content submission, the Public Content License
will apply by default to public content and the Private Content
License will apply by default to private content.
We should also mention that you are responsible for making sure
that you have all rights in the content you post that are necessary
for you to grant everyone either the Public Content License or the
Private Content License. (We'll cover this in more detail
later.)
Lastly, if a forum, group, any rich media or blog post is deleted,
the content associated with that member may also be deleted at the
discretion of the Community Manager. We would encourage you to be
sure you are comfortable with this possibility before publishing
content on MYDRDENESE.COM.
License from MYDRDENESE.COM
MYDRDENESE.COM grants to you, our member, a Creative Commons
Attribution License to the content made available by MYDRDENESE.COM
for which MYDRDENESE.COM owns the copyrights. In the event of a
conflict between the Creative Commons Attribution License and these
Terms, these Terms will control. MYDRDENESE.COM does not grant you
any rights to another member's content.
License to use the MYDRDENESE.COM Platform
During the term of these Terms, MYDRDENESE.COM grants you a
limited, revocable license to use the software underlying and
enabling the MYDRDENESE.COM Platform as required for your use of
the social communities built on top of it, subject to the terms and
conditions of these Terms.
Proprietary Rights
These Terms of Service includes a number of licenses that are
necessary for MYDRDENESE.COM to make your community and your
content available through the MYDRDENESE.COM Platform. For example,
without the right to modify content, MYDRDENESE.COM would not be
able to format content to meet technical requirements, and without
the right to publicly perform or publicly display content,
MYDRDENESE.COM could not make the content available for other
members to view.
Content
You agree to comply with the license and restrictions applicable to
each item of content you post, copy, access or use.
You agree that all the intellectual property in the MYDRDENESE.COM
Platform is owned by MYDRDENESE.COM or the applicable members(s).
Except as expressly permitted under these Terms, you agree not
to:
1. Modify, distribute, or create derivative works based on the
MYDRDENESE.COM Platform.
2. Run, rent, lease, loan, or sell access to the MYDRDENESE.COM
Platform.
3. Decompile, reverse engineer, or copy the MYDRDENESE.COM Platform
or any community for which the source code is not provided to you;
and
4. Reproduce or distribute any private content outside the
applicable community.
Trademarks
MYDRDENESE.COM, the MYDRDENESE.COM platform, community, network and
other related graphics, our logo and sub-logos, or trademarks, used
on the MYDRDENESE.COM Platform are the trademarks of
MYDRDENESE.COM, and may not be used without permission. Other
trademarks, MYDRDENESE.COM Platform marks, that may appear on
MYDRDENESE.COM are the property of their respective owners.
Accounts, Passwords, and Security
You must be a registered member to create or upload content and use
any forum, group, upload rich media or write blog posts on the
MYDRDENESE.COM Platform. MYDRDENESE.COM and its community Manager,
in turn, determine whether members need to be registered with
MYDRDENESE.COM to contribute content in that community. As a
member, you are responsible for keeping your password secure. Names
of members and MYDRDENESE.COM IDs are non-transferable. You will be
solely responsible and liable for any activity that occurs under
your MYDRDENESE.COM user ID or screen name.
Content and Interaction
You agree to comply with the license and restrictions applicable to
each item of content you post, copy, access, or use.
Content by other members or advertisers is made available to you
through social communities and the MYDRDENESE.COM Platform. Because
MYDRDENESE.COM does not necessarily control such content, you agree
that MYDRDENESE.COM is not responsible for any such content,
including advertising and information about third party products or
services.
Your interactions with other members on the MYDRDENESE.COM
Platform, including payment and delivery of goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and the
member. Like with any web-based interaction, we suggest that you
use caution and good judgment.
You agree that MYDRDENESE.COM is not responsible for any loss or
damage incurred as the result of any such dealings or with respect
to any other member's use or disclosure of your Personal Data (as
defined in the Privacy Policy). If there is a dispute between you
and any third party (including any member), MYDRDENESE.COM is under
no obligation to become involved.
You release MYDRDENESE.COM, its officers, employees, shareholders,
agents and successors from claims, demands and damages of every
kind or nature arising out of or related to: (i) any disputes with
other members, and/or (ii) the MYDRDENESE.COM Platform.
If you are a California resident, you waive California Civil Code
Section 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor."
Premium Services
MYDRDENESE.COM offers fee-based premium services as described here
on the MYDRDENESE.COM Platform. If you choose to sign up for a
premium service, you agree to pay the applicable fees and abide by
any additional requirements or rules associated with that premium
service.
Acceptable Use and Conduct
At the risk of being repetitive, you are solely responsible for
your conduct, and content on MYDRDENESE.COM.
You also agree not to post or make available any content for which
you don't have sufficient rights to grant the licenses above. Among
other things, this means that you may not include Content from
third parties that is subject to license terms that are
incompatible with the licenses you grant under these Terms, such as
GPL.
You also agree not to post, email, or otherwise make available any
content that:
- Is unlawful, harmful, or threatening to MYDRDENESE.COM or its
members or is abusive, harassing, defamatory, libelous, invasive of
another's privacy, or harms minors in any way
- Harasses, degrades, intimidates or is hateful toward an
individual or group of individuals
- Impersonates a MYDRDENESE.COM employee or member or falsely
states or otherwise misrepresents your affiliation with a person or
entity
- Includes personal or identifying information about another
person without that person's explicit consent
- Is false, deceptive, misleading, deceitful, or constitutes
"bait and switch"
- Infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or content that you do not
have a right to make available under any law or under contractual
or fiduciary relationships
- Creates, sends, or enables anything that constitutes or
contains "chain letters," "pyramid schemes," or any advertisement
that you are prohibited by law from sending
- Constitutes or contains any form of advertising or solicitation
if (1) posted in content; or (2) emailed to members who have
requested not to be contacted about other services, products or
commercial interests
- Advertises any illegal services or the sale of any items the
sale of which is prohibited or restricted by applicable law,
including without limitation items the sale of which is prohibited
or regulated by applicable law
- Contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment
- Disrupts the normal flow of dialogue with an excessive number
of messages (flooding attack) to the MYDRDENESE.COM Platform, or
that otherwise negatively affects other members' ability to use the
MYDRDENESE.COM Platform
- Employs misleading email or IP addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin
of content transmitted through the MYDRDENESE.COM Platform
Additionally, you agree not to:
- "Stalk" or otherwise harass members
- Collect Personal Data about other members for commercial or
unlawful purposes
- Use automated means, including spiders, robots, crawlers, data
tools, or the like to download data from social communities and the
MYDRDENESE.COM Platform - except for Internet search engines (e.g.
Google) and non-commercial public archives (e.g. archive.org) that
comply with our robots.txt file, or "well-behaved" web
services/RSS/Atom clients. We reserve the right to define what we
mean by "well-behaved"
- Post non-local or otherwise irrelevant content, repeatedly post
the same or similar content or otherwise impose an unreasonable or
disproportionately large load on MYDRDENESE.COM's
infrastructure
- Attempt to gain unauthorized access to MYDRDENESE.COM's
computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the MYDRDENESE.COM Platform
- Develop, invoke, or utilize any code to disrupt, diminish the
quality of, interfere with the performance of, or impair the
functionality of the MYDRDENESE.COM Platform or any community
Privacy and Spam
You agree to comply with all applicable laws with respect to
1. Any collection, use, or disclosure of Personal Data, and
2. Email communications, including without limitation CAN-SPAM,
applicable state laws, and applicable laws in non-U.S.
jurisdictions.
You agree to comply with all relevant aspects of the MYDRDENESE.COM
Privacy Policy. You agree not to collect or use Personal Data
except as permitted by the MYDRDENESE.COM Privacy Policy. You agree
not to use any Personal Data disclosed to you by MYDRDENESE.COM for
any purpose other than using the MYDRDENESE.COM Platform or a
community in accordance with these Terms and the Privacy Policy.
You agree not to harvest any email addresses from communities or
the MYDRDENESE.COM Platform for the purpose of sending email in
violation of applicable law. You agree not to knowingly collect any
information from, or develop any communities that are targeted at,
children under the age of 13.
MYDRDENESE.COM may establish general polices and limits concerning
member's use of MYDRDENESE.COM, including (and without limitation)
the maximum number of days that uploaded content will be retained,
the maximum number of and size of content files and objects
(including email messages), the maximum disk space allotted to
members, the maximum number of times and duration for which you may
access MYDRDENESE.COM in a given period of time, the maximum
bandwidth used by your content. MYDRDENESE.COM reserves the right
to ban or deactivate member accounts that are inactive for an
extended period of time.
You, as a member, agree to promptly address any copyright owner's
written notice (including any notices forwarded to you by
MYDRDENESE.COM) that specified content provided by member of a
community that you control infringes that third party's copyrights,
provided that the notice substantially complies with the
requirements in the MYDRDENESE.COM DMCA. If you do not promptly
remove the content specified in the notice, MYDRDENESE.COM may
remove the content without any liability to you or to the member
that posted such content.
MYDRDENESE.COM maintains and enforces a policy of terminating the
accounts of members who are repeat copyright infringers.
Your Account
Term of Service
These Terms of Service commence upon your acceptance of these Terms
and continues until terminated. These Terms will automatically
terminate if MYDRDENESE.COM decides, in its sole discretion, to
discontinue the MYDRDENESE.COM Platform.
Deactivating Your Account
You may deactivate your MYDRDENESE.COM account at any time, for any
reason, by following the instructions on MYDRDENESE.COM.
MYDRDENESE.COM has the right (at its sole discretion) to delete or
deactivate your account, block your email or IP address, or
otherwise terminate your access to or use of the MYDRDENESE.COM
Platform or any community, or remove and discard any content within
any community, without notice and for any reason.
Effects of Deactivating an Account
Upon deactivating your account, these Terms terminate and your
access rights to the MYDRDENESE.COM Platform will immediately cease
to exist. For content you wish to delete from the MYDRDENESE.COM
Platform, you can delete it by going to each of the forums, group
or blog posts to which you've contributed. MYDRDENESE.COM is not
responsible for deleting content on your behalf. Note that, even if
content is deleted from MYDRDENESE.COM's active servers, it may
remain in archives. MYDRDENESE.COM will have no obligation to
refund any fees paid for premium services.
Survival
The provisions under the following headings will survive
termination of these Terms for any reason: License from You (under
heading "Licenses to Content"), Content and Interaction, Acceptable
Use and Conduct, Privacy and Spam, Disclaimer of Warranties,
Indemnity, and Limitation of Liability.
Changes to MYDRDENESE.COM and the MYDRDENESE.COM
Platform
MYDRDENESE.COM reserves the right at any time (and from time to
time) to modify, suspend, or discontinue providing the
MYDRDENESE.COM Platform or any part thereof with or without notice.
MYDRDENESE.COM will not be liable to you or to any third party for
any modification, suspension or discontinuance of the
MYDRDENESE.COM Platform.
Disclaimer of Warranties
YOUR USE OF MYDRDENESE.COM, AND ALL ITS LICENSED AND DEVELOPED CODE
AND ALLL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE
MYDRDENESE.COM PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. MYDRDENESE.COM AND EACH USER
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION,
QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER
MYDRDENESE.COM NOR ANY USER MAKES ANY WARRANTY THAT THE
MYDRDENESE.COM PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR
REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE.
Indemnity
You agree to indemnify, defend, and hold harmless MYDRDENESE.COM,
and its subsidiaries, affiliates, officers, agents, platform
licensor and hosting provider, co-branders or other partners, and
employees and shareholders from and against any claim, demand,
loss, damage, cost, or liability (including reasonable attorneys'
fees) arising out of or relating to:
1. Any content you submit, post, transmit, or make available
through the MYDRDENESE.COM Platform;
2. Your use or misuse of the MYDRDENESE.COM Platform or code;
3. Your connection to the MYDRDENESE.COM Platform;
4. Your violation of these Terms; or
5. Your violation of any rights (including intellectual property
rights) of a third party.
Limitation of Liability
YOU AGREE THAT MYDRDENESE.COM SHALL NOT BE LIABLE TO YOU FOR (A)
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
MYDRDENESE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE
MYDRDENESE.COM PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER)
IN THE MYDRDENESE.COM PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR
ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE
GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO
MYDRDENESE.COM BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE
INITIAL NOTICE OF ANY CLAIM.
Updates to Terms of Service
These Terms may be updated or changed by MYDRDENESE.COM from time
to time upon MYDRDENESE.COM's posting of the amended Terms on this
page. If you do not agree to changes to the Terms, you must notify
MYDRDENESE.COM to terminate your account.
In addition to these Terms, you will comply with all policies
applicable to MYDRDENESE.COM and the MYDRDENESE.COM Platform, which
policies are (i) either posted in the MYDRDENESE.COM Platform or
provided to you and (ii) incorporated by reference into these
Terms.
General
The failure of MYDRDENESE.COM to exercise or enforce any right or
provision of these Terms does not constitute a waiver of such right
or provision. If any provision of these Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should try to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of these Terms of Service remain in full force and effect. Your
MYDRDENESE.COM account is non-transferable. You may not delegate
your duties under these Terms or assign these Terms, in whole or in
part.
Any unauthorized use of any MYDRDENESE.COM computer system is a
violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18
U.S.C. S 1030 et seq.), Section 502 of the California Penal Code
and Section 17538.45 of the California Business and Professions
Code. Such violations may subject the unauthorized user and his or
her agents to civil and criminal penalties.
The other members of the MYDRDENESE.COM Platform are intended third
party beneficiaries of your obligations under these Terms.
MYDRDENESE.COM may assign these Terms to any successor or purchaser
of MYDRDENESE.COM or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be
settled by arbitration utilizing the dispute resolution procedures
of the American Arbitration Association (AAA) in San Jose, CA. You
hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of
California without giving effect to any conflict of laws principles
that may provide the application of the law of another
jurisdiction. These Terms, which incorporate the MYDRDENESE.COM
Privacy Policy and the MY BORGESE BEAUTY Policies, when combined
with the MYDRDENESE.COM Community Guidelines, constitutes the
entire agreement between you and MYDRDENESE.COM and governs your
use of the MYDRDENESE.COM Platform, superseding any prior
agreements (whether written or oral) between you and MYDRDENESE.COM
regarding the subject matter hereof.
Contacting MYDRDENESE.COM
Members with questions about the MYDRDENESE.COM Privacy Policy and
any of the aforementioned statements may contact MYDRDENESE.COM via
askthedoctor@drdenese.com