1. TERMS OF SERVICE
fox.vet provides a media sharing and communications service (the “Services”) through our website (the “Site”) and our application for mobile devices, tablet computers and similar devices (the “App”). Please read carefully the following terms and conditions (“Terms”). These Terms govern your access to and use of the Site, Services, App and Collective Content (defined below), and constitute a binding legal agreement between you and fox.vet.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SITE, SERVICES OR APP, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE, SERVICES OR APP, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR APP. YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, APP OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
2. KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, software (excluding the App) information or other materials.
“Collective Content” means, collectively, fox.vet Content and Registered User Content. Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Site as available as well as to the App and you are deemed to have accepted them.
“fox.vet Content” means Content that we make available through the Site, Services or App, including any Content licensed from a third party, but excluding Registered User Content.
“Registered User” and “you” means a person that completes fox.vet’s account registration process, as described in the “Account Registration” section below; “your” applies as the meaning of the clause requires.
“Registered User Content” means Content a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, Services or App.
fox.vet reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or App or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Site, Services or App after we have posted a modification via the Site or App or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site, Services and App.
4. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES
Access to and use of the Services is limited to individuals who are at least 18 years of age and residents of Canada and the United States (the “Countries”). If you access and use the Services, but are not a resident of one of the Countries, then you are responsible to ensure that your use of the Services complies with the laws of the your country of residence and assume the risks (including indemnity under Section 19) attendant to the use of the Services and the use of any materials that you provide. You must register to create an account (“Account”) and become a “Registered User” to use the Services. To register, you must provide your institutional email address, your Facebook login, and other information specified in the registration form (“Registration Data”). By registering, and in consideration of the use of the Services, you represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current and complete. You authorize fox.vet to confirm the truthfulness and accuracy of the Registration Data but agree that such authorization in no way binds fox.vet to do so. If you provide any information that is untrue, inaccurate, not current or incomplete, or if fox.vet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, fox.vet has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You also authorize fox.vet to access your contact list and/or address book on your device at your direction in order to allow you to share information and images with specific contacts you choose or to allow you to invite specific contacts you choose to use the Services.
Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.
You understand and agree that the Services may include certain communications from fox.vet, such as service announcements and administrative messages, and that while these communications are considered part of fox.vet membership, you will be able to opt out of receiving them.
The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Site, Services, App and Collective Content. Your e-mail address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify fox.vet in writing by email of any unauthorized use of your User Information or any other breach of security. fox.vet is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state and federal laws. fox.vet hereby notifies you that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by fox.vet in its sole discretion and without further notice. Notwithstanding the foregoing, as a Registered User, you remain responsible for your individual compliance with any additional applicable notification requirements related to the unauthorized use of User Information or Registered User Content.
6.1. NO DIAGNOSTIC SERVICE
FOX.VET IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE FOX.VET HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF FOX.VET’S SITE, SERVICES, AND APP FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF VETERINARY MEDICINE OR OTHER HEALTH PROFESSION(S).
6.2. NO WARRANTY
YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES OR APP IS SOLELY AT YOUR OWN RISK.
7. POSTING GUIDELINES
The Registered User agrees and warrants that they have removed all identifying information regarding the animal in the Image and the client, caregiver and/or personnel involved in the care of that animal(s). This includes, but is not limited to, the following:
- Names of animal(s), client, caregiver and/or personnel involved in case;
- Full face photographic images and any comparable images;
- Photographic images of tags, markings, scars, tattoos, piercings etc. which would allow for an identification;
- All geographical subdivisions smaller than a City, including street address, county, precinct, and zip code;
- All elements (except year) for dates directly related to an individual, including birth date, admission date, patient encounter date, discharge date, and date of death;
- All personal , financial and billing information related to the client and patient;
- Any other unique identifying number, characteristic, or code.
Registered User agrees and warrants to post medically relevant photos that would be of interest to other veterinary professionals and to not post personal photos.
9. GENERAL PROHIBITIONS
You agree not to do any of the following:
Post, upload, publish, submit or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
Take, post, upload, publish, transmit or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads or data of any of the images, comments or contributions to fox.vet or any Collective Content.
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation, or any other rules of professional conduct; or
Encourage or enable any other individual to do any of the foregoing.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Services or App (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to Feedback to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.