|Terms of service
Welcome to MediSurf! MediSurf.com is an Internet-based online information and communication service. MediSurf provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular MediSurf services, you and MediSurf shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
The information contained in MediSurf.com is presented for the purpose of guiding medical persons on in the Internet-surfing in medical fields. Nothing contained in MediSurf.com is intended to be instructional for medical diagnosis or treatment, nor for the patient. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of the qualified health care provider. Information obtained in MediSurf.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. You should never disregard medical advice or delay in seeking it because of something you have read in MediSurf.com.
The information contained in MediSurf.com is compiled from a variety of sources ("Information Providers"). Neither MediSurf.com nor Information Providers directly or indirectly practice medicine or dispense medical services as part of MediSurf.com.
MediSurf SERVICES, and INFORMATION (the "SERVICES") accessed through MediSurf.com are provided "AS IS" without warranty, express or implied. MediSurf.com hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. MediSurf.com and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. MediSurf.com and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. MediSurf.com and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. MediSurf.com and Information Providers do not warrant or guarantee that the functions or Services performed in MediSurf.com will be uninterrupted or error-free. Users of MediSurf.com are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to MediSurf.com for the reconstruction of any lost data.
2. OTHER SITES
You are encouraged to use discretion while browsing the Internet on searches initiated at MediSurf.com. MediSurf.com links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites, which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. MediSurf.com and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a MediSurf.com link that would be practically impossible).
3. REVIEW OF POSTINGS & UPLOADS
MediSurf.com tries to continuously review all communications and materials posted or uploaded to MediSurf.com at the time they come. The circumstances of MediSurf cannot not guarantee all the displayed materials in it, which do not violates copyright, libel or defamation laws. However, MediSurf make constant efforts to check all materials in MediSurf.com for removing information that violates copyright, libel or defamation laws. And MediSurf.com reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to MediSurf.com. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, MediSurf.com grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use MediSurf.com in real time and to use the materials in MediSurf.com in a manner consistent with paragraph 12 (Copyright) below.
5. USER'S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use of MediSurf.com ; (b) maintain the security of your user identification, password and other confidential information relating to your MediSurf.com account; and (c) be responsible for all charges resulting from use of your MediSurf.com account, including unauthorized use prior to your notifying MediSurf.com of such use and taking steps to prevent its further occurrence by changing your password.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7. ON-LINE COMMUNICATIONS
7.01 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by MediSurf.com. MediSurf.com cannot and does not screen content provided by you to MediSurf.com. Notwithstanding the foregoing, MediSurf.com reserves the right to monitor content on MediSurf.com and to remove content, which MediSurf.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or MediSurf.com's other operating policies for users of MediSurf.com ("Users").
7.02 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use MediSurf.com as permitted by this Agreement, MediSurf.com's operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the MediSurf.com area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). MediSurf.com's operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. MediSurf.com reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
7.03 You are responsible for your communications and your use of MediSurf.com. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to MediSurf.com with one account; (b) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (c) harm minors in any way; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use MediSurf.com to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (except as otherwise expressly permitted by MediSurf.com); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or MediSurf.com; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or MediSurf.com; (m) use MediSurf.com in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to MediSurf.com the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by MediSurf.com); (o) falsely purport to be an employee or agent of MediSurf.com; (p) collect or store personal data about other users; (q) cause repeated disruptive incidents; or (r) act, or fail to act, in your use of MediSurf.com, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful.
It is not the intent of MediSurf.com to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in MediSurf.com, nonetheless, MediSurf.com reserves the right to take such action as it deems appropriate in cases where MediSurf.com is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on MediSurf.com, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
You acknowledge and agree that MediSurf may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MediSurf, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Users of this site expressly agree to the terms set forth in the MediSurf.com Privacy Statement which contains for a detailed description of the information gathering and dissemination practices for the MediSurf.com Web site. MediSurf.com considers its users' privacy to be of the utmost importance. Please visit our PRIVACY CENTER for further information.
MediSurf.com reserves complete and sole discretion with respect to the operation of MediSurf's Web site . MediSurf.com may, among other things: (a) delete email if it has not been accessed by a User within the time established by MediSurf.com's policies; (b) subject to Section 6, make available to third parties information relating to MediSurf.com and Users; and (c) withdraw, suspend or discontinue any functionality or feature of MediSurf.com.
MediSurf.com may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. MediSurf.com will not review the contents of email except as required or allowed by applicable law or legal process.
10. USER REPRESENTATIONS
You agree to be financially responsible for your use of MediSurf.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Statements made in web sites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on MediSurf.com are not authorized MediSurf.com spokespersons, and their views do not necessarily reflect those of MediSurf.com.
The entire contents of MediSurf.com are copyrighted as a collective work under the copyright laws of South Korea. MediSurf.com holds the copyright in the collective work. The collective work includes works, which are the property of the Information Providers, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of MediSurf.com solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from MediSurf.com.
13. LICENSES AND IDEA SUBMISSIONS
You agree to grant to MediSurf.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of MediSurf.com (such as BBSs, forums and commnets of sites) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against MediSurf.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEDISURF.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY''S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES'' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING MediSurf.com USING YOUR SERVICE ACCOUNT.
15. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER MEDISURF.COM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MediSurf.com. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MEDISURF.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF MediSurf.com.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MEDISURF.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL MediSurf.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF MediSurf'S COMMUNITY ARE HEREBY EXCLUDED EVEN IF MediSurf.com ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR, EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE.
16. THIRD PARTY RIGHTS
The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit MediSurf.com and its officers, directors, employees, agents, representatives, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. TERM; TERMINATION
Either you or MediSurf.com may terminate your right to use MediSurf.com at any time, with or without cause, upon notice. MediSurf.com also reserves the right to terminate or suspend your MediSurf.com membership without prior notice, but MediSurf.com will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 12 (Copyright), 13 (License, and Idea Submissions), 14 (Indemnification), 15 (Waiver, Release and Limitation of Liability), 16 (Third Party Rights), and 18 (Miscellaneous) shall survive any termination of this Agreement.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MediSurf shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
19. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MediSurf and govern your use of the Service, superceding any prior agreements between you and MediSurf. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MediSurf shall be governed by the laws of South Korea without regard to its conflict of law provisions. You agree that any legal action or proceeding between MediSurf.com and you for any purpose concerning arising out of or relating to this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Seoul, Seoul city, South Korea. The failure of MediSurf to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notices to you may be made via either email or regular mail to your address on record in MediSurf.com's account information. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MediSurf does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MediSurf the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of MediSurf, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific MediSurf to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MediSurf removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than MediSurf, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MediSurf removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than MediSurf, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MediSurf has no control over such sites and resources, you acknowledge and agree that MediSurf is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MediSurf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
23. MEDISURF'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MediSurf or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MediSurf grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MediSurf for use in accessing the Service.
24. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
25. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 24 MAY NOT APPLY TO YOU.
26. TRADEMARK INFORMATION
MediSurf, the MediSurf logo, 'I' stylized, and product and service names are trademarks of MediSurf Inc. (the "MediSurf Marks"). Without MediSurf's prior permission, you agree not to display or use in any manner, the MediSurf Marks.
27. COPYRIGHTS and COPYRIGHT AGENTS
MediSurf respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MediSurf's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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 intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.