Penguinmd – TERMS OF SERVICE
Last Updated: December 12, 2017
By accessing, engaging or otherwise using the Site and any of the Services you agree to these Terms. If you do not agree with any of these terms, please do not use the Site or any of the Services.
In this document:
- Acceptance of Terms
- Changes to the Services and the Terms
- The Site and Services
- Eligibility to use the Site and Service
- Third party Content and services
- Restrictions on use
- Intellectual property and ownership
- Disclaimer; limitation of liability
- General provisions
- Contact us
1. ACCEPTANCE OF TERMS
2. CHANGES TO THE SERVICES AND THE TERMS
We reserve the right (but we are under no obligation) to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently the Site, the Services or any portion of them, including by introducing additional Services, features or functionalities or terminating others and to modify or revise these Terms or to add or remove terms (the “Changes“), with or without notice, with no liability, at any time and for any reason, including, without limitation, any Changes which may be done automatically for the purpose of improving, enhancing or de-bugging versions of the Services or aspects of the Site. We will notify you for any material change via the Site or by any other form prior to any material change becoming effective. Your continued access to the Site and/or use of the Site and/or the Services, following any such modifications or revisions, constitutes your complete and irrevocable acceptance of such Changes. Therefore, we recommend you to visit these Terms regularly to review the then applicable Terms. You can reject any of the Changes by discontinuing use of the Site and Services.
3. THE SITE AND SERVICES
The Site brings you entertainment articles, news and content, including, but not limited to, music, television, movies and celebrity news.
The Services may include, without limitation, various forms of content, editorial or sponsored content such as offers and ads. Such content may include articles, opinions, feedback, comments, recommendations, invitations, offers, deals, referrals, messages or reviews and can be provided in various forms, including without limitation, text, images, links, URLs, photos, audio, video, location data, and all other forms of data or communication (“Content”).
4. ELIGIBILITY TO USE THE SITE AND SERVICE
In order to access to or use the Site and/or Services, you must be at a legal age or otherwise have the requisite power and authority to enter into these Terms. You may not access or use the Services if you are a minor or if we have banned you or terminated or suspended your access to the Services.
5. THIRD PARTY CONTENT AND SERVICES
The Site and Services may include third party content including, but not limited to licensed Content, sponsored content, widgets, offers or deals (“Third Party Content”). In addition, the Site and Services may utilize third party services, some that are visible to users and some that are not, including, but not limited to, analytics, research, and other services that assist us with operating and maintaining the Site, providing the Service and constantly developing and improving them (“Third Party Services”). We make no warranties and have no liability whatsoever for any Third Party Content or Third Party Services, including liability for loss or damage caused by your use or reliance on such Third Party Content or Third Party Services. The inclusion of any Content in the Site or Services does not express or imply endorsement or recommendation by us and your use of or reliance on any Third Party Content or Third Party Services is at your own risk. Furthermore, when you access any third-party sites (via a link provided in the Site), please note that your rights and obligations while accessing and using those sites will be governed by the agreements and policies relating to the use of those sites.
If you find any of the Third Party Content on the Site and/or Third Party Services as offensive, abusive or violative in any manner, please reach out to us at: [email protected]penguinmd.com with as many details as possible, and we will investigate accordingly.
6. RESTRICTIONS ON USE
Your use of the Site and/or Services shall be solely for lawful purposes and in accordance with any applicable law. Your use of the Site and/or Services shall be limited solely to your personal and non-commercial use, and is limited to accessing, viewing, downloading (in case Content available to you via a widget, embedded player or other technology) or sharing Content via a social media (through social media plug-ins integrated on the Site and are clearly marked, such as Facebook, Twitter and Google Plus). If you choose to share any Content by using such plugins, you do it at your own risk, discretion, liability and responsibility, and we make no representation or warranty, and shall not be labile for any such sharing, including in cases where a social platform on which you shared such Content prohibits such Content.
Except as explicitly provided and granted in these Terms, you are prohibited from making any of the following (directly or indirectly):
- copy, download (except for downloading Content available via a widget, embedded player or other technology), display, distribute, transmit, upload, broadcast, rewrite for broadcast, publish, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Site or Services;
- Crawling, scrapping or otherwise scanning data or accessing the Site or Services in any non-human, automated manner;
- Access to data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Interfere with the Site’s operation or with any of the Services or with other users that are using the Site and Services, in any manner, including, without limitation, by means of submitting a virus or malicious code of any type;
- Share or permit others to use the Site or Services, rent, lease or transfer the Services or any rights to use them;
- Delete or modify any data, attributions, legal notices or other proprietary designations or labels on the Site, or on any third party material contained or otherwise available therein;
- Use the Site by itself or in conjunction with any other products to infringe upon any third party rights, including without limitation third party’s intellectual property rights;
- To abuse, harass or invade any third party or other users’ privacy in any way, or to track, store, transmit or record personal information about any other user of the Site;
- Use the Site or the Services to violate any law, rule, regulatory act, agreements or policies;
- damage, interfere, disrupt or harm the Company, the Site or any of the Services in any way;
- Use the Site or Services for any purposes which is not your own personal non-commercial purpose;
7. INTELLECTUAL PROPERTY AND OWNERSHIP
You hereby acknowledge that the Content is created and provided by us or by Third Party Service providers that major in such Content writing and editing. We require all our writing and editing partners to provide us with original content and require them to meet applicable intellectual property laws. However, we cannot guarantee at all time that all our writing and editing partners 100% meet out requirements and do not make any representation on their behalf.
Between you and us, the Site, the Services, the Content therein and respective revisions, updates, upgrades, components, features and programs and any copy of which are owned by us or our licensors. Any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or not (collectively, “Intellectual Property“), are owned by and/or licensed to us. Nothing in these Terms shall be deemed to convey to you any ownership of any Intellectual Property right, title or interest in or to the Site or Services, but only a limited, revocable right of use in accordance with the terms of these Terms. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law.
Notice and Takedown. We care about protecting Intellectual Property rights of others, and we use best efforts to not violate such rights. If you have a good reason to believe, and can demonstrate by an evidence, that a Content on the Site and/or Services is infringing other party’s copyright, please reach out to us at: [email protected]penguinmd.com with all the details, links, URLs, and we will investigate accordingly. For further information about our notice and takedown mechanism with accordance to common Intellectual Property laws, please refer to our DMCA policy at: https:/penguinmd.com/dmca.
8. DISCLAIMER; LIMITATION OF LIABILITY
WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP TO DATE INFORMATION ON THE SITE AND THE SERVICES, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ITS ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVIALABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTIRY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR ACCESS TO THE SITE AND THE SERVICES REMAINS WITH YOU AND WE MAKE NO GAURENTIES AS FOR THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR SERVICES, THEIR SAFETY OR SECURITY, OR THEIR CONTENT. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, COMPLETE AND ERROR-FREE, NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT AND FOR NO REASON SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (collectively “Company Parties”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT OR REVENUES, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF OR ACCESS TO THE SITE AND/OR SERVICES, RESPECTIVE CONTENT, OFFERS, SOFTWARE, APPLICATIONS; (B) YOUR INABILITY TO USE OR ACCESS TO THE SITE OR THE SERVICES; (C) THIRD PARTY CONTENT, INCLUDING SOFTWARE COMPONENTS, SPONSORING MECHANISMS OR ANY OTHER PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR SERVICES; (D) THESE TERMS; OR (F) ANY IMPROPER USE OF INFORMATION YOU PROVIDE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.
IN NO EVENT WILL THE COMPANY’S LIABILITY IN CONNECTION WITH THE SITE OR SERVICES EXCEED THE AMOUNTS (IF ANY) PAID BY YOU FOR THE APPLICABLE SERVICES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, demands, actions, suits or proceedings as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) your use of or access to the Site or Services; (b) engagement you make with the Services, Third Party Content or any portion of them; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable law or rights of a third-party (including, but not limited to, intellectual property rights or privacy rights) or any breach of these Terms.
We reserve the right to modify, terminate or suspend all or any part of the Site or the Services, or your access to the Site and Services, for any reason or for no reason at all, and/or to establish general guidelines or limitations on further use of the Site and Services. We may or may not notify you about such termination, as the case may be, with no liability.
You may terminate your agreement with us at any time, upon your choice, by discontinuing use of the Site and Services.
In case of termination, any section in these Terms, that by its nature or intent should survive termination, shall remain in full force and effect, including sections 3 – 9 and 11.
11. GENERAL PROVISIONS
- These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
- Any claim arising or action taken relating to these Terms, the Company, the Site, the Services and/or respective Content or features shall be governed by and interpreted in accordance with the laws of the State of Cyprus, without reference to its conflict-of-laws principles. Any dispute arising out of or related to these Terms, your use of the Site and/or Services and/or respective content shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Limassol, Cyprus.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
- You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without our prior express written consent.
- No waiver by the Company of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.