In consideration for your use of the Services, you hereby consent and agree to the following:
To watch videos or read documents using the Services, you will need to be given an account with Mytonomy (an "Account") from your health care provider. Mytonomy is a “Business Associate” of your healthcare provider. To perform our services, your healthcare provider provides us with the necessary information to create an account, including your email. We provide you with a password, which is used to protect your Account from unauthorized access.
You affirm that you are 13 years of age or older, as the Service is not intended for anyone under 13. If you are under 13 years of age, then please do not use the Service. Should you choose to upload content, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
The text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials ("Content") on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Mytonomy, subject to copyright and other intellectual property rights under the law.
You may never use another's Account without permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Mytonomy immediately of any breach of security or unauthorized use of your Account.
You agree not to alter or modify any part of the Service. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Mytonomy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Mytonomy reserves the right to revoke these exceptions either generally or in specific cases. Mytonomy may send emails to you from time to time, reminding you of things like unwatched videos that were assigned to you by your healthcare provider.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Mytonomy or the respective licensors of the Content. Mytonomy and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Mytonomy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. If you should have any questions regarding the medical content, you should consult your healthcare provider. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mytonomy with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Mytonomy, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
In your use of the Service, you will comply with all applicable laws.
Mytonomy may terminate your access to the Service or discontinue any aspect of the Service at any time in its sole discretion.
You understand that the Website is not intended for users outside of the United States and the Service is not intended to and may not comply with international laws.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYTONOMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MYTONOMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
IN NO EVENT SHALL MYTONOMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MYTONOMY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Mytonomy from its facilities in the United States of America. Mytonomy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mytonomy, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mytonomy without restriction. You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Mytonomy, either specific or general, in jurisdictions other than Delaware. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Mytonomy that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, and any other legal notices published by Mytonomy on the Service, shall constitute the entire agreement between you and Mytonomy concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mytonomy's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MYTONOMY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Mytonomy's designated Copyright Agent to receive notifications of claimed infringement is Vinay Bhargava, 7315 Wisconsin Ave, Suite 400 West, Bethesda, MD 20814
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter- notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the state of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Mytonomy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Mytonomy's sole discretion.
WHAT INFORMATION ABOUT ME IS COLLECTED?
1. Your healthcare provider has provided necessary information, such as your email, name, date of birth, gender, and disease condition, to us, for the purpose of creating an account.
2. When you use the Service, we may record information about your usage of the Website, such as the videos you watch and information you click. Your usage of the Service will be shared with your healthcare provider to help gauge the effectiveness of their patient education program, your preparation for your self-care and such other matters as they deem necessary or appropriate.
3. Mytonomy endeavors to protect and safeguard your privacy, and maintains administrative, technical, and physical safeguards to protect your personal information.
HOW IS MY INFORMATION USED?
1. We may use your personal information in order to:
A. Provide personalized content for you, as chosen by your healthcare provider;
B. Operate, maintain, and improve the features and functionality of the Service and our products and operations;
C. Communicate with you about your account and send you information about features and enhancements;
D. Communicate with you about changes to our policies;
E. Process any communication you send to us; and
2. We may use your email address without further consent for reminder messages about your patient education or other administrative purposes (such as notifying you of major changes to the Service or for customer service purposes).
NON-PERSONALLY IDENTIFIABLE INFORMATION
2. We may use records that are de-identified under federal standards (i.e. stripped of all identifying personal health information pursuant to the Health Insurance Portability and Accountability Act) in order to analyze viewership of the content and to provide information to third parties, such as other hospitals or healthcare entities, for the purpose of promoting the Service or conducting research.
3. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Website and Service may not work or may not work as designed. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
4. You may send us information which may disclose the general location of your device at the time you access the Website and Service. We may collect location information for purposes such as informing your healthcare provider of where you consumed their patient education (i.e. at home or in the hospital).
ACCESSING AND CORRECTING YOUR INFORMATION
1. You may update or correct your personal profile information and personal settings at any time by visiting your Account profile page.
LAW ENFORCEMENT, LEGAL PROCESS, AND EMERGENCY SITUATIONS
1. We may use or disclose your personally identifiable information if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website or our users, or (c) act to protect our personal safety or the personal safety of users of the Website or the public.
YOUR OBLIGATIONS REGARDING YOUR ACCOUNT
1. You promise to: (a) provide true, accurate, current and complete information about yourself, as prompted by our Website and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Mytonomy suspects, in its sole discretion, that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any use of the Website (or any portion thereof).
1. This Website and Service is not directed to or to be used by persons under the age of 13. Unless otherwise disclosed during collection and with parent or guardian consent, Mytonomy does not knowingly collect personally identifiable information from children under 13 years of age. If you are under 13 years of age, do not provide personally identifiable information to us. If we discover that a child under the age of 13 has provided us with personally identifiable information and we do not have parental consent, we will promptly delete that child’s information from the Website and Service. If you believe that company has been provided with the personally identifiable information of a child under the age of 13 without parental consent, please notify us immediately at firstname.lastname@example.org