Terms and conditions

Updated 1/01/2021

This Agreement contains the complete terms and conditions that govern the use of the Bobbin, LLC dba GlobalCastMD (“GCMD”) website(s) including without limitation, GlobalCastMD.com, any GlobalCastMD conference or event site and the GlobalCastMD mobile application (collectively the "Sites"). By clicking to accept or agree to these terms, where this option is made available to you by GCMD or by accessing, visiting, browsing, using, or attempting to interact with or use any part of this Sites, or other GCMD software, services, websites, presentations, e-learning sessions, or other content (collectively the "Services") you agree that you have read, understand, and agree to be bound by these terms.

1. YOUR RELATIONSHIP WITH GCMD

1.1 Unless otherwise agreed in writing with GCMD, your agreement with GCMD will always include, at a minimum, the terms and conditions set out in this document.

1.2 GCMD may make changes to these terms or publish supplemental terms for specific Services (“Additional Term”) from time to time. When these changes are made, GCMD will make a copy available here https://www.globalcastmd.com/terms-and-conditions and any new Additional Terms will be made available to you from within, or through, the affected Services.

1.3 You understand and agree that if you use the Services after the date on which these Terms of Service or Additional Terms (collectively, the “Terms”) have changed, GCMD will treat your use as acceptance of the updated Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS SERVICES.

2. QUESTIONS OR CONCERNS

2.1 If you have a question or complaint regarding the Sites, please send an e-mail to sales@globalcastmd.com

3. PROVISION OF THE SERVICES BY GCMD

3.1 GCMD is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GCMD provides may change from time to time without prior notice to you.

3.2 You acknowledge and agree that if GCMD disables access to your account, deletes your account altogether, or edits your account access, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4. USE OF THE SERVICES BY YOU

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to GCMD will always be accurate, correct and up to date. You must be over the age 13 to use the Services.

4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.3 You agree that you are solely responsible for (and that GCMD has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GCMD may suffer) of any such breach.

5. YOUR PASSWORDS AND ACCOUNT SECURITY

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to GCMD for all activities that occur under your account.

6. PRIVACY AND YOUR PERSONAL INFORMATION

6.1 For information about GCMD’s data protection practices, please read GCMD’s privacy policy at https://www.globalcastmd.com/privacy-policy which is incorporated by reference. This policy explains how GCMD treats your personal information, and protects your privacy, when you use the Services.

7. CONTENT IN THE SERVICES

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GCMD (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GCMD or by the owners of that Content, in a separate agreement.

7.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.4 You agree that you are solely responsible for (and that GCMD has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GCMD may suffer) by doing so.

7.5 You understand that we maintain no control over Content supplied by presenters at events or in connection with e-learning on the Sites. The inclusion of such presentation content should not be regarded as an endorsement or recommendation of presenter quality.

8. INTELLECTUAL PROPERTY; LIMITED USE OF CONTENT

8.1 “GCMD” the GCMD logo, and other marks, logos, and icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of GCMD and may not be used, copied, or imitated without the prior written consent of GCMD.

8.2 All Content found on the Sites (the "Site Content") is considered the copyrighted intellectual property of GCMD, or of the party that created and/or licensed the Content to GCMD. No rights or title to any of the Site Content shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Site Content in any unauthorized way, without the prior written consent of GCMD in each instance, except that you may print out and/or save one copy of the Site Content for your personal use only.

9. CONTENT LICENSE FROM YOU

9.1 You hereby grant to GCMD a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to GCMD through these Sites (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You confirm and warrant to GCMD that you have all the rights, power and authority necessary to grant the above license. You agree GCMD will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future related operations or businesses.

9.2 GCMD will treat any personal information that you submit through the Sites in accordance with its Privacy Policy.

10. ONLINE POLICIES

10.1 If you are using a collaborative service of the Sites, such as a discussion forum, article submission, or commenting system, use of these services is covered by the principles and prohibitions described below.

10.2 You agree that the purpose of the Sites is to come together as a community to exchange ideas, respectfully agree and disagree, and communicate effectively on common ground. GCMD will not tolerate libelous, rude, harassing, threatening or angry behavior or impersonating any other person’s or entities.

10.3 You are solely responsible for your interactions with other GCMD members. You are responsible for anything you say or post and for protecting your own computer system. GCMD reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.

10.4 GCMD takes no responsibility for the views or posts of the individual users of these Sites. Responsibility for the content of posts is held by the user submitting the content. Always use your own good judgment when sharing personal information and evaluating information provided through the Sites remember that the information provided could be from people at any age and experience level. the decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

10.5 GCMD may or may not pre-screen materials uploaded to the collaborative service of the Sites, and retains the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the GCMD in its sole discretion. GCMD can and will delete/edit/remove any post/comment/user account at any time and without warning.

11. CONTENT/ACTIVITY PROHIBITED

11.1 The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the GCMD Services. GCMD reserves the right to investigate and take appropriate legal action against anyone who, in GCMD sole discretion, violates this provision, including without limitation, removing the offending communication from the GCMD Services and terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GCMD:

(A) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(B) harasses or advocates harassment of another person;

(C) exploits people in a sexual or violent manner;

(D) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(E) solicits personal information from anyone under 18;

(F) provides any telephone numbers, street addresses, last names, or email addresses;

(G) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(H) relates to promoting illegal drugs.

(I) promotes an illegal or unauthorized copy of another person’s copyrighted work, or which you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(J) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

(K) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(L) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles, contests, pyramid scheme, and/or soliciting goods or services) except as may be specifically authorized by GCMD;

(M) includes a photograph of another person that you have posted without that person’s consent; or uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

While we explicitly prohibit the above conduct, you acknowledge and agree that you may be exposed to such conduct and content, and that your use of the sites is entirely at your own risk, and that we shall have no liability of any kind for such conduct.

12. ENDING YOUR RELATIONSHIP WITH GCMD

12.1 The Terms will continue to apply until terminated by either you or GCMD as set out below.

12.2 If you want to terminate your legal agreement with GCMD, you may do so by closing your accounts for all of the Services which you use, where GCMD has made this option available to you.

12.3 GCMD may at any time terminate its legal agreement with you if for any reason it its discretion, including if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or if we no longer offers Services in your jurisdiction.

13. EXCLUSION OF WARRANTIES

13.1 Nothing in these terms shall exclude or limit GlobalcastMD’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

13.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”

13.3 In particular, GlobalcastMD, its subsidiaries and affiliates, its employees, agents, officers, and directors, and its licensors do not represent or warrant to you that:

(A) your use of the services will meet your requirements,

(B) your use of the services will be uninterrupted, timely, secure or free from error,

(C) any information obtained by you as a result of your use of the services will be accurate or reliable, and

(D) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

13.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

13.5 No advice or information, whether oral or written, obtained by you from GlobalcastMD or through or from the services shall create any warranty not expressly stated in the terms.

14. LIMITATION OF LIABILITY

14.1 You expressly understand and agree that GlobalcastMD shall not be liable for any direct, 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 GlobalcastMD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the services.

14.2 In no event will GlobalcastMD’s collective liability exceed the greater of $100 or the amount you have paid to GlobalcastMD for the applicable content or service out of which liability arose.

15. INDEMNITY

15.1 You agree to indemnify, defend, and hold GlobalcastMD, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “indemnified parties”) harmless from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the indemnified parties in connection therewith. You will also indemnify, defend, and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use (including, without limitation, in a clinical context) of the information accessed from the sites.

16. LINKS

16.1 The Services may provide, or third parties may provide, links to other websites, apps, or resources. are not responsible for the content, accuracy, or opinions expressed in such sites and such sites are not investigated, monitored, or checked for accuracy or completeness by GlobalCastMD. Inclusion of any linked site does not imply approval or endorsement of the linked site by GlobalCastMD. If you decide to leave the Sites or access these third-party sites, you do so at your own risk, and should review that site’s own policies.

17. GENERAL LEGAL TERMS

17.1 You agree that if GCMD does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GCMD has the benefit of under any applicable law), this will not be taken to be a formal waiver of GCMD’s rights and that those rights or remedies will still be available to GCMD.

17.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.3 Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us and any user with respect to the Sites, and Services.

17.4 The Terms, and your relationship with GCMD under the Terms, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and GCMD agree to submit to the exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GCMD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

17.5 The parties’ rights and obligations under sections intended by their nature to survive including, without limitation, payment, intellectual property, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of these Terms and your user account.

18. DIGITAL MILLENNIUM COPYRIGHT ACT

18.1 GCMD, pursuant to the Digital Millennium Copyright Act, designates Todd Ponsky, M.D., to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify Todd Ponsky, M.D. by providing the following information:

(A) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(B) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(C) Identification of the URL or other specific location where the material that you claim is infringing is located;

(D) our address, telephone number and e-mail address;

(E) 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;

(F) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

18.2 Todd Ponsky can be reached via e-mail at sales@globalcastmd.com and by regular mail 2191 Murray Hill Rd. Cleveland, Ohio 44106. GCMD may terminate the account and access rights of any repeat infringer of intellectual property rights.

18.3 If you believe that a DMCA notice has been submitted against you improperly, you may submit a Counter-Notice, pursuant to Sections 512(g) of the Digital Millennium Copyright Act.