1. The contractual relationship with GoodMorningDoctor.world
1.1 The use of GoodMorningDoctor.world (“Website”) and any products, videos, information, content, channel, software, data feeds and GoodMorningDoctor service, including the corporate video GoodMorningDoctor that are provided to you on, or from, or through the website by the G.M.D. WORLD INC (called all together the “Service” in this document), are subject to the terms of a legal agreement between you and the GoodMorningDoctor. “GoodmorningDoctor” identifies the company GoodmorningDoctor INC , whose registered office is located at 405, HOWARD STREET; SAN FRANCISCO ; CA 94105.
1.3 The Terms form a legally binding agreement between GoodMorningDoctor and the user with respect to the use of the service by the latter. It is important to take the time to read the Terms carefully.
1.4 The Terms have to be applied to all the users of the Service, including those who, among other things, insert Content on the Service, information about the service, to the blog, to the community and to the sponsors. The term “Content” includes text content, software, scripts, graphics, photos, audio content, music, videos, audiovisual combinations, interactive features and other material displayed on, or accessible through, or inserted into, the Service by GoodMorningDoctor or by the user.
2. Acceptance of Terms
2.1 Before you can use the Service, you must accept the terms. The service can only be used after accepting the terms.
2.2 These Terms may be accepted by simply using the Service. You understand and agree that GoodMorningDoctor will consider the use of the Service as acceptance of the Terms from that point onwards.
2.3 The users that cannot use the service and accept the Terms are: those (a) that does not have the legal age to enter into a contract with GoodMorningDoctor, or those (b) which is prohibited or otherwise legally prohibited from receiving or using the service under Italian law and under the laws of the country where they are resident or from which the users access or use the service.
2.4 Consigliamo di stampare o salvare una copia dei Termini per il proprio archivio.
3. Changes to the Terms
4. Account of GoodMorningDoctor
4.1 In order to access some applications of the Website or other elements of the Service, you must create an account GoodMorningDoctor. When you create your account, you must provide accurate and complete information. It is important to keep the password of GoodMorningDoctor secret and confidential.
4.2 You must immediately inform GoodmorningDoctor of any breach of security or unauthorized use of your account of Good morning Doctor of which you become aware.
4.3 You agree that you are the only responsible (with regard to Good morning Doctor and third parties) for any activity that takes place and occurs under your account GoodmorningDoctor.
4.4 You are the only responsible for all information posted on GoodmorningDoctor through email, content, blogs, videos and activities carried out in the community.
5. General restrictions on the use
5.1 GoodmorningDoctor with this Agreement authorizes you to access and use the Service, subject to the following conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. It is not allowed to distribute any part or parts of the Website or the Service, including for example but without limitation, any Content, by any means without the prior written permission of Good morning Doctor, except in cases where GoodmorningDoctor makes available the means for such distribution through functions provided by the Web (e.g., YouTube);
B. It is not permitted to alter or modify any part of the Website or any Service;
C. It is not possible to access Content through any technology or means others than the video playback pages of the Website itself or other means that GoodmorningDoctor possibly indicates expressly for this purpose;
D. It is not allowed (or try to allow) disable, or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict the use or the copy of Content or (ii) give application to limitations on the use of the Service or the content accessible through the Service;
E. It is not allowed to use the Service for any of the following commercial uses, without the prior written permission of GoodmorningDoctor:
i. the sale of access to the Service;
ii. the sale of advertising, sponsorships or promotions placed on or within the Services, or Content;
F. the sale of advertising, sponsorships or promotions on any page of a blog-enabled to advertising or a website which contains the Content through the Service.
G. if the user uses GoodMorningDoctor on his website, the user can not change, add to or block any portion or functionality of Good morning Doctor including, for example, the links that go back to the Website;
H. It is not allowed to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in order to send more request messages to the server of GoodmorningDoctor in a given period of time than a human can reasonably do in the same period of time using a standard Web browser (that is, unmodified) publicly available;
I. It is not allowed to collect or gather any personal information about the users of the Website or any Service;
J. it is not allowed to use the Website or the Service (including the comments and the configurations of the email on the website) to solicit business of trade in connection with a commercial activity;
K. It is not allowed to solicit, for commercial purposes, the users of the Website with reference to their contents
L. It is not allowed to access the Content for any reason other than personal and non-commercial as intended through and permitted by the normal functionality of the Service and only for Streaming. “Streaming” means a digital transmission in contemporary of material by GoodMorningDoctor via the Internet to an Internet instrument enabled operated by a user so that the data are made available for viewing in real time and are not available for downloading (either permanently or temporarily), copied, stored, or redistributed by the user;
M. It is not possible to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purpose without the prior written consent of Good morning Doctor or their respective licensors of the Content.
5.2 You agree to comply with all other provisions of the Terms and the Community Guidelines of GoodmorningDoctor for the duration of the Service.
5.3 GoodmorningDoctor grants the operators of public search engines the permission to use spiders to copy materials from the Website for the only purpose of creating search indexes of publicly available materials, but not caches or archives to make copies of such materials. GoodMorningDoctor reserves the right to revoke these exceptions either generally or in specific cases.
5.4 GoodmorningDoctor is subject to continuous innovation to provide the best possible experience for its users. The user recognizes and agrees that the form and nature of the Service provided by GoodMorningDoctor may change from time to time without prior notice.
5.5 As part of this continuing innovation, the user recognizes and agrees that GoodmorningDoctor may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at the sole discretion of GoodMorningDoctor, without prior notice to you. It is possible to stop using the Service at any time. You will not inform GoodMorningDoctor if stop using the Service.
5.6 You agree to be the only responsible, and that GoodmorningDoctor has no responsibility to you or to third parties, for any breach of its obligations under the Terms and for the consequences, including any loss or damage that may suffer GoodmorningDoctor, of such violation.
6. Policy on copyright
6.1 Good morning Doctor adopts a clear policy on the subject of copyright in relation to Content that is alleged to infringe the copyright of a third.
6.2 As part of the copyright policy, Good morning Doctor will terminate a user’s access to the Service if that user has been identified as a habitual offender. A usual offender is a user who has been notified to have committed a violation for more than twice.
7.1 Each holder of an account GoodmorningDoctor will insert contents as he/she likes. The user understands that, in regarding of the fact that his/her contents are published or not, GoodmorningDoctor does not guarantee any confidentiality with respect to Content.
7.2 The users recognize and agree that they are the only responsible for their contents and consequences of their online loading or publication. They hold all the rights of ownership on their contents, but must grant limited license rights to GoodMorningDoctor and to others Service users. These are described in Article 8 of these Terms (Rights licensed by the user).
7.3 The users recognize and agree that that they are the only responsible for their contents and consequences of their online loading or publication. GoodmorningDoctor does not endorse any Content or any opinion, recommendation or advice contained in them, and expressly disclaims any responsibility for the contents.
7.4 The users recognize and guarantee that they have (and continue to have during use of the Service) all the necessary licenses, rights, consents, and permissions required to allow GoodmorningDoctor to use their Content for the purposes of providing the service by GoodmorningDoctor, and otherwise use the Content in the manner contemplated by the Service and these Terms.
7.5 The user’s conduct on the Website will adapt (and the contents of all Content will adapt) to the Community Guidelines of GoodmorningDoctor that will be periodically updated.
7.6 It is not possible to post or upload Content that contain material that is illegal to possess in Italy and in the country where you reside, or that it would be illegal to use or possess for GoodmorningDoctor in relation to the Service.
7.7 The Content provided on the Service cannot contain any material copyrighted by third parties or subject to other rights proprietary of third party (including rights of privacy or rights of publicity) unless you do not have a formal license or permission from the rightful owner, or is otherwise legally authorized to publish the material in question and to grant GoodMorningDoctor the license set in Article 8.1.
7.8 When GoodmorningDoctor become aware of any potential breach of these Terms reserves the right (but no obligation) to decide if the Content comply with the requirements set out in these Terms and may remove such Content and / or inhibit the access of a user to upload Content that is in violation of these Terms at any time, without notice and at its sole discretion.
7.9 The user recognizes and agrees that while using the service may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to him/her. You agree to renounce, and with this agreement to waive any right or legal remedy that has or may have against GoodmorningDoctor with respect to any of such Content.
7.10 All contents of the website are granted with respect to a defined time of year 1 (ONE). GoodmorningDoctor reserves the right at its discretion to change the times of use of the Content.
8. Sharing Content and Information
The user is the owner of all content and information published. Also:8.1 Regarding the contents, they are covered by intellectual property rights, such as photos and videos, the user grants GoodmorningDoctor the following permissions: the user grants GoodmorningDoctor a license non-exclusive, transferable, which can be granted as a sublicense, royalty-free and valid worldwide for the use of any Content posted on or in connection with GoodmorningDoctor. The License ends when you delete your account or Content in your account, unless the contents have not been shared with third parties and that they do not have them eliminated.
8.2 When the user deletes them, the contents are deleted in a manner similar to emptying the recycle bin on your computer. However, it is possible that the contents removed is stored in backup copies for a specified period of time (although not visible to others).
8.3 When a user uses an application, it may require the user's permission to access content and information shared by other people. Applications need to respect the privacy of the user. The agreement accepted when you add the application adjusts the way the application can use, store and transfer content and information. For more information on the Platform, including those regarding the control over the information that other people can share applications.
8.4 When you publish content or information using “Publish”, grant to all, even to people who are not enrolled in GoodmorningDoctor, to access and use that information and associate it to herself/himself (or his/her name and his/her profile picture).
8.5 Comments or suggestions from users regarding GoodmorningDoctor are always welcome. However, the user must be aware that we may use them without any obligation to compensate him/her (in the same way in which the user is not obliged to provide them).
9. Rights licensed from the user
9.1 When you upload or post Content on GoodmorningDoctor, simultaneously grant:
A. to GoodmorningDoctor, a license for the whole world, non-exclusive, royalty-free, transferable (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display and perform such Content in connection with the provision of the service and otherwise in connection with the Service and the commercial activity of GoodmorningDoctor including, for example, promoting and redistributing part or all of the Service (and derivative works) in any media formats and through any media communication channels;
9.2 The above licenses granted by you relating to Content will cease when GoodmorningDoctor removes or deletes your Content from the Website.
10. Content on the Website
10.1 All Content on the Service are, alternately owned by or licensed to GoodmorningDoctor and are subject to copyright, trademark rights and other intellectual property rights of GoodMorningDoctor or licensors of GoodmorningDoctor. Any trademark or service of third parties in the Content, are trade or service of their respective owners. Such content cannot be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of GoodmorningDoctor or, where applicable, its licensors. GoodmorningDoctor and its licensors reserve all rights not expressly granted on, and compared with, their contents.
11.1 The Service may include hyperlinks to other websites that are not owned or controlled by GoodmorningDoctor. GoodMorningDoctor do not have control over, and assumes no responsibility for, the content, privacy policies, or conditions of any third-party website.
11.2 You recognize and agree that GoodmorningDoctor is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials available on or available from such sites or resources.
11.3 You recognize and agree that GoodmorningDoctor is not responsible for any loss or damage that the same may suffer as a result of the availability of these external sites or resources, or in connection with the reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such sites or resources.
12. End of the contract
12.1 The Terms will continue to be in force until their end by either you or GoodmorningDoctor as set out below
12.2 If the user wishes to break his contract with GoodmorningDoctor, he/she can do so in the following ways: (a) notifying GoodmorningDoctor at any time his/her decision and closing his/her account. Such notice shall be sent, in writing, to the address indicated at the beginning of these Terms.
12.3 GoodmorningDoctor may at any time terminate this agreement with the user if:
A. you have break any instruction of the Terms (or you have acted in a manner which clearly shows that he does not intend to, or is unable to, comply with the rules of the Terms); or
B. GoodmorningDoctor is forced to do so because it is required by law (for example, where the provision of the Service to the user is, or becomes, unlawful).
12.4 GoodmorningDoctor may at any time terminate this agreement with the user, if:
A. GoodmorningDoctor does not want to provide anymore the service to users in Italy and in the country where you reside or from which you use the service; or
B. the provision of the service towards the user by GoodmorningDoctor is, according to GoodmorningDoctor, no more advantageous from the commercial point of view
and in both cases A and B of this article 11.4 GoodmorningDoctor will, where possible, send notice of such dissolution upon reasonable notice
12.5 When these Terms come to an end, all the legal rights, obligations and liabilities that you and GoodmorningDoctor have benefited, or which have been subject (or which have accrued during the period of validity of Terms ) or for which it is expressly provided for the continuation of indefinite duration, they will not be affected by this cessation, and the provisions of Article 14.6 will continue to apply to such rights, obligations and liabilities indefinitely.
13. Disclaimer of Warranties
13.1 Nothing in the Terms shall affect any rights provided by law, to which the user has rights as a consumer and cannot be modified or waived by agreement.
13.2 The Service is provided “as it is” and GoodMorningDoctor makes no warranties or representations with respect to it.
13.3 In particular GoodmorningDoctor does not represent or warrant that:
A. the use of the service meets your needs,
B. the use of the Service will be uninterrupted, timely, secure or error free,
C. any information obtained by you as a result of your use of the Service will be accurate or reliable,
D. defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
13.4 No conditions, warranties or other terms (including any implied terms of satisfactory quality, suitability for an aim or conformance with description) apply to the Service unless this is expressly stated in the Terms.
14 Limitation of Liability
14.1 Subject to the overall provision of the above paragraph, GoodmorningDoctor will not be liable to you for:
A. losses you may suffer. This includes any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B. losses or damages that the user may suffer:
i. for having relied on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any doctor or sponsors or advertisers whose information or advertising appears on the Service;
ii. following the changes that can be made to the Service of GoodMorningDoctor, or for any permanent or temporary cessation in the provision of the Service (or any features within the Services);
iii. for the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through the use of the Service;
iv. for the failure to provide by the user to GoodmorningDoctor accurate information on the account;
v. for the user's failure to keep his/her password or account details of GoodmorningDoctor secret and confidential.
vi. For all the content published on GoodmorningDoctor by its doctors and by its members.
14.2 The limitations on liability of GoodmorningDoctor towards the user referring to clause 13.1 will be applied when GoodmorningDoctor was aware or should have been aware of the possibility of such a loss or in the opposite case.
15.1 The Terms constitute the entire legal agreement between you and GoodmorningDoctor and discipline your use of the Service and completely replace any prior agreements between you and GoodMorningDoctor in connection with the Service. All other terms of the service that GoodMorningDoctor and any of its subsidiaries may from time to time apply are specifically excluded from the Terms.
15.2 You agree that GoodmorningDoctor may provide you notices, including those regarding changes to the Terms, by email, regular post, or postings on the Service.
15.3 You agree that if GoodmorningDoctor do not exercised and actualize any of the rights or legal remedies contained in the Terms (or which GoodmorningDoctor benefits under Italian law) this cannot be considered as a formal waiver of rights of GoodmorningDoctor and such rights or remedies will still be available for GoodmorningDoctor.
15.4 If an Italian court, which has jurisdiction to decide on this matter, decides that any of the previsions contained in these Terms is invalid, that provision will be removed from the Terms without affecting the remaining provisions of the Terms, which will continue to be valid and enforceable.
15.5 You recognize and agree that each company in the group to which GoodMorningDoctor belongs will be considered third party beneficiaries to the Terms and that company will have the right to make direct application, and rely upon, any provision of the Terms which confers a benefit (or rights in their favor). Outside of this provision, no other person or company will be a third party beneficiary of the Terms.
15.6 These Terms and the relationship between the user and GoodmorningDoctor are subject to Italian law. The parties agree that any legal matter arising from the Terms shall be under the exclusive jurisdiction of the Italian courts. Notwithstanding the above, GoodmorningDoctor will still be allowed to apply measures to monitor or precautionary (or equivalent emergency measures) in any jurisdiction.
16.1 Any claim, dispute or substantive law (“complaint”) between you and GoodmorningDoctor , arising from this Statement or by using GoodMorningDoctor, will be resolved exclusively in the District Court of Taranto. You agree to submit to the personal jurisdiction of the court mentioned above in order to carry on such disputes. This Declaration, as well as any dispute that may arise between the two parties, are governed by the laws of the Italian state, without regard to conflict of law provisions.
16.2 If complaints may arise against us related to the actions, content or information of the user on GoodmorningDoctor, the user will be required to compensate us and to assure us from and against any damages, losses or expenses (including expenses and reasonable legal fees) arising out of such claim. Although we provide rules for the conduct of the users, we do not control or we guide the actions of the users on GoodmorningDoctor and we are not responsible for the content or information that users transmit or share on GoodmorningDoctor. We are not responsible for any information or content offensive, inappropriate, obscene, illegal or otherwise objectionable on GoodmorningDoctor. We are not responsible for the conduct, whether online or offline, of any user of GoodmorningDoctor.
According to Articles 1341 and 1342 of the Civil Code, the user accepts the following provisions of the Terms: 3 (Changes to the Terms); 4 (Account); 5 (General restrictions on the use); 6 (Policy on copyright); 7 (Content); 8 (Sharing content and information); 9 (Right licensed from the user); 10 (Content on the website); 11 (Hyperlinks); 12 (End of the contract); 13 (Disclaimer of Warranties); 14 (Limitation of Liability) and 15 (Miscellaneous); 16 (Dispute).