These Terms and
located at www.videoneurosurgery.com (the "Site"). The Site is the property of
Videoneurosurgery, LLC ("Videoneurosurgery," "we," "us," or "our") and its
agreement between you and Videoneurosurgery. The Site may also contain links or
references to additional rules, policies, and terms which may apply to specific
features or functions of the Site and when you use those features or functions,
those rules, policies and terms will also apply to you and form a part of these
terms and conditions, and consequently, your agreement with us.
Videoneurosurgery reserves the right, at its sole discretion, to change, modify,
post them on the Site, these changes become effective immediately, and your
continued use of the Site following the posting of changes will mean that you
Videoneurosurgery grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site.
The words "use" or "using" in this agreement, mean any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or device,
does or attempts to access, interact with, use, display, view, print or copy
from the Site, transmit, receive or exchange data or communicate with the Site,
or in any way utilizes, benefits, takes advantage of or interacts with any
function, service or feature of the Site, for any purpose whatsoever. This
agreement does not cover your rights or responsibilities with respect to third
party content or sites or any links that may direct your browser or your
connection to third party sites or pages. This is the entire and exclusive
agreement between you and us regarding use of the Site and it cannot be
modified, except as specifically described above.
2. Age Limitation on Users.
This Site is offered and made available only
to users 13 years of age or older. If you are not yet 13 years old please
discontinue using the Site immediately.
3. User Conduct.
Users caught attempting to disrupt the site via hacking or any
programming means will be prosecuted with any and all legal measures available
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code
(collectively, "Content"), including but not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement of such
Content, contained on the Site is owned or controlled by Videoneurosurgery, its
subsidiaries, affiliates, licensors or suppliers, and is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws. Unless the context clearly requires
otherwise or we explicitly say so in writing, the term "Site" includes "Content"
The Site is to be used solely for your noncommercial and personal use and for no
other purposes. You must not alter, delete or conceal any copyright or other
notices contained on the Site, including notices on any Content you download,
transmit, print or reproduce from the Site. Except as expressly provided in
derivative work, copied, reproduced, republished, uploaded, modified, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Web site or other medium
for publication or distribution or for any commercial enterprise, without
Videoneurosurgery' express prior written consent.
Any unauthorized or prohibited use of any Content, may subject you to civil
liability or criminal prosecution, or both, under applicable federal and state
laws. We require users to respect our copyrights and other intellectual property
rights. We likewise respect the intellectual property of others. On notice, we
will act expeditiously to remove content on the Site that infringes the
copyright rights of others and will disable the access to the Site and its
services of anyone who uses them to repeatedly infringe the intellectual
property rights of others.
5. Your Privacy.
Videoneurosurgery respects your privacy and the use and
protection of your non-personal information (browser cookies). By using the
Site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to
the Site may be read or intercepted by others, even if there is a special notice
that a particular transmission (for example, credit card information) is
6. Relevant information.
Information you post is expected to be
acceptable to general audiences. It is also expected to stay within genres of
the discussion. Videoneurosurgery reserves the right to use any information
users post on the site as it sees fit including editing said material or
7. Your Use of the Site.
Your use of the Site is subject to all
applicable local, state, national laws and regulations and, in some cases,
international treaties. You shall not use or knowingly condone use of this Site
by others, in any manner that is, attempts to, or is likely to:
- be, libelous, defamatory, indecent, vulgar or obscene, pornographic,
sexually explicit or sexually, racially, culturally, ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable,
discriminatory or abusive or which may or may appear to, impersonate anyone
else; affect us adversely or reflect negatively on us, the Site, our
goodwill, name or reputation or cause duress, distress or discomfort to us
or anyone else, or discourage any person, firm or enterprise from using all
or any portion, features or functions of the Site, or from advertising,
linking or becoming a supplier to us in connection with the Site; send or
result in the transmission of junk e-mail, chain letters, duplicative or
unsolicited messages, or so-called "spamming"; be used for commercial or
business purposes, including, without limitation, advertising, marketing or
offering goods or services, whether or not for a charge or through linking
with any other web site or web pages;
- transmit, distribute or upload programs or material that contain
malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses
or other potentially harmful programs or other material or information;
- modify, disrupt, impair, alter or interfere with the use, features,
functions, operation or maintenance of the Site or the rights or use and
enjoyment of the Site by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, view or display
any information, whether personally identifiable or not, concerning any
other person, firm or enterprise, in connection with their or your use of
the Site, unless you have obtained the express, prior permission of such
other person, firm or enterprise to do so;
- use any "deep-link," "page-scrape," "robot," "spider" or other automatic
device, program, algorithm or methodology, or any similar or equivalent
manual process, to access, acquire, copy or monitor any portion of the Site
or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt
to obtain any materials, documents or information through any means not
purposely made available through the Site;
- attempt to gain unauthorized access to any portion or feature of the
Site, other users' accounts, names, passwords, User Information or any other
systems or networks connected to the Site or to any Videoneurosurgery
server, or to any of the services offered on or through the Site, by
hacking, password "mining" or any other illegitimate means or to use the
Site in any manner which violates or is inconsistent with the terms and
conditions of this agreement;
- use, or knowingly condone others to use, the Site or any Content for any
- violate or solicit others to violate any laws, regulations (including,
without limitation, laws regarding the transmission of technical data or
software exported from the United States), judicial or governmental order,
any treaties or violate or infringe upon any intellectual property rights,
rights of publicity or privacy, or any other rights of ours or of any other
person, firm or enterprise.
8. Content control.
Videoneurosurgery is a medical-surgery related
website. Videos and images can be very "graphically intense".
Portions of this Site (will) provide you and other users an
opportunity to submit, post, display, transmit and/or exchange information,
ideas, opinions, photographs, images, video, creative works or other
information, messages, transmissions or material to us, the Site or others
("Post" or "Postings"). Postings do not reflect the views of Videoneurosurgery
or its affiliates. Videoneurosurgery and its affiliates shall not be liable for
any Posting that is in violation of this agreement. In no event shall
Videoneurosurgery have or be construed to have any responsibility or liability
for or in connection with any Posting whatsoever; however, if we determine, in
our sole discretion and judgment, that any Posting does or may violate any of
the terms of this agreement, we reserve the right, at any time and without
limiting any and all other rights we may have under this agreement, at law or in
equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c)
revoke your right to use the Site; and/or (d) use any technological, legal,
operational or other means available to Videoneurosurgery to enforce the
provisions of this agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on Videoneurosurgery.com.
11. Posting policy.
If a Posting originates from you or your account, you hereby agree that: (a) you
are placing the Posting in the public domain without reservation of any rights
or further control over the Posting or its use and you specifically authorize
Videoneurosurgery to use such Posting in whole or in part, throughout the
universe, in perpetuity in or on any and all media, now known or hereafter
devised, and alone or together or as part of other information, content and/or
material of any kind or nature; (b) you represent and warrant that (i) the
Posting is original to you or fully cleared for use as contemplated herein, (ii)
the Posting does and will not, in any way, violate or breach any of the terms of
this agreement, (iii) the Posting does not contain libelous, tortious, or
otherwise unlawful information, infringe or violate any copyright or other
right, or contain any matter the publication or sale of which will violate any
federal or state statute or regulation, (iv) the Posting is not obscene or in
any other manner unlawful, (v) the Posting shall not be injurious to the health
of the user, and (vi) we shall not be required to pay or incur any sums to any
person or entity as a result of our use or exploitation of the Posting; (c) if
your Posting incorporates the name, logo, brand, service or trademark, voice,
likeness or image of any person, firm or enterprise, you specifically represent
and warrant that you have the right to place such Posting in the public domain
and grant Videoneurosurgery the right to use such Posting as described above;
and (d) Videoneurosurgery has the right to delete, re-format and/or change your
Posting in any manner that Videoneurosurgery may determine (although you will
not be responsible for any changes made by Videoneurosurgery). Posting is for
noncommercial purposes only and you may not Post in any manner which does or is
intended to promote or generate revenue for any business enterprise or
11. Account Access.
Certain features or services offered on or through
the Site may require you to open an account (including setting up a
Videoneurosurgery ID and password). We may, from time to time, also provide
users with additional codes or passwords necessary to perform certain functions
on the Site. You are entirely responsible for maintaining the confidentiality of
your account information, including your password, and for any and all activity
that occurs under your account. Your user name and password are personal to you
and you may not allow any others to use your user name or password under any
circumstances. You agree to notify Videoneurosurgery immediately of any
unauthorized use of your account or password, or any other breach of security.
However, you may be held liable for losses incurred by Videoneurosurgery or any
other user of or visitor to the Site due to someone else using your
Videoneurosurgery ID, password or account. You may not use anyone else's
Videoneurosurgery ID, password or account at any time without the express
permission and consent of the holder of that Videoneurosurgery ID, password or
account. Videoneurosurgery cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations or related to the
theft, misappropriation, or permitted use by another of your user name or
In order to ensure that Videoneurosurgery is able to provide high-quality
services that are responsive to our members' needs, you agree that
Videoneurosurgery has access to your account and records as reasonably needed to
investigate complaints. Further, Videoneurosurgery may disclose any information
we have about you (including your identity) if we determine that such disclosure
is necessary in connection with any investigation or complaint regarding your
use of the Site, or to identify, contact or bring legal action against someone
who may be causing injury to or interference with (either intentionally or
unintentionally) Videoneurosurgery' rights or property, or the rights or
property of visitors to or users of the Site, including Videoneurosurgery'
customers. Videoneurosurgery reserves the right at all times to disclose any
information that Videoneurosurgery deems necessary to comply with any applicable
law, regulation, legal process or governmental request. Videoneurosurgery also
may disclose your information when Videoneurosurgery determines that applicable
law requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You acknowledge and agree that Videoneurosurgery may preserve any transmittal or
communication by you with Videoneurosurgery through the Site or any service
offered on or through the Site, and may also disclose such data to third parties
if required to do so by law or Videoneurosurgery determines that such
preservation or disclosure is reasonably necessary to (1) comply with legal
data violates the rights of others, or (4) protect the rights, property or
personal safety of Videoneurosurgery, its employees, users of or visitors to the
Site, and the public. You agree that Videoneurosurgery may, in its sole
discretion and without prior notice, terminate your access to the Site and/or
block your future access to the Site, with or without cause, including if we
guidelines which may be associated with your use of the Site, without any
liability or further obligation of any kind whatsoever to you or any other
constitute an unlawful and unfair business practice, and will cause irreparable
harm to Videoneurosurgery, for which monetary damages would be inadequate, and
you consent to Videoneurosurgery obtaining any injunctive or equitable relief
that Videoneurosurgery deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies Videoneurosurgery may have
at law or in equity.
12. Other Terms and Conditions.
Additional terms and conditions may apply
to purchases of goods or services and to specific portions or features of the
Site, including contests, promotions or other similar features, all of which
abide by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate in such
terms posted for or applicable to a specific portion of the Site or for any
service offered on or through the Site, the latter terms shall control with
respect to your use of that portion of the Site or the specific service.
Videoneurosurgery' obligations, if any, with regard to its products and services
are governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such agreements.
Videoneurosurgery may make changes to any products or services offered on the
Site, at any time, without notice. The materials on the Site with respect to
products and services may be out of date, and Videoneurosurgery makes no
commitment to update the materials on the Site with respect to such products and
13. Disclaimer of Warranties.
You expressly understand and agree that:
- Your use of the service is at your
sole risk. The Site and all Content,
products, and Postings are provided on
an "AS IS" and "AS AVAILABLE" basis.
Videoneurosurgery and its third party
service providers expressly disclaim all
warranties of any kind, whether express
or implied, including, but not limited
to, the implied warranties of
merchantability, fitness for a
particular purpose and non-infringement.
- Videoneurosurgery makes no warranty
that (i) the Services will meet your
requirements, (ii) the Services will be
uninterrupted, timely, secure,
error-free, or free of malicious code
(iii) the results that may be obtained
from the use of the service will be
accurate or reliable, (iv) the quality
of any products, services, information,
or other material purchased or obtained
by you through the service will meet
your expectations, (v) that your email
or voicemail messages will not be lost,
and (vi) any errors in the software will
- Any material downloaded or otherwise
obtained through the use of
Videoneurosurgery is done at your own
discretion and risk, and you will be
solely responsible for any potential
damage to your computer system or loss
of data that results from the download
of any such material. No advice or
information, whether oral or written,
obtained by you from Videoneurosurgery,
our third party service providers, or
through or from the site will create any
warranty not expressly stated in the
14. Links to Other Sites and to the Videoneurosurgery Site. This Site
may contain links or other forms of re-direction mechanisms leading to
independent third-party Web sites ("Linked Sites"). These Linked Sites are
provided solely as a convenience to our visitors. Such Linked Sites are not
under Videoneurosurgery' control, and Videoneurosurgery and its affiliates are
not responsible or liable to you for and do not endorse the content or goods or
services associated with such Linked Sites, including any information or
materials contained on such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked Sites. If any
Linked Site obtains or collects personally identifiable information from you, in
no event shall Videoneurosurgery assume or have any responsibility or liability.
and uses your personal information.
15. Ads and Malware. We take great care and pride in creating this Site.
We are always on the lookout for technical glitches that effect how the Site
works. When we find them on our end, we will fix them. Unfortunately, your home
computer may cause some glitches that effect how you see our Site -- and that is
beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be
the result of Malware on your computer. Malware -- short for MALicious softWARE
-- is a term used to broadly classify a form of software which is installed in a
computer system with malicious intentions, usually without the owner's knowledge
or permission. Malware includes computer viruses, key loggers, malicious active
content, rogue programs and dialers, among others. While we continuously work
closely with our partners to ensure that everything on the Site is working
properly, sometimes Malware programs on your personal computer may interfere
with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean
your computer and which could prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party
software including Malware on your computer system. Please make sure to
carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a
qualified computer technician.
If, after taking the above actions, you are still experiencing any problems,
please feel free to contact us at
16. Limitation of Liability. Except where prohibited by law, in no event
will Videoneurosurgery or its affiliates or their respective officers,
directors, employees, agents, licensors or suppliers be liable to you for any
loss or damage, of any kind, direct or indirect, including, but not limited to,
consequential, exemplary, incidental or punitive damages, or lost profits, even
if Videoneurosurgery has been advised of the possibility of such damages.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or damage
shall be to have Videoneurosurgery, upon written notice from you to us, attempt
to repair, correct or replace any deficient goods or services under this
agreement and, if repair, correction or replacement is not reasonably
commercially practicable for Videoneurosurgery, to refund any monies actually
paid by you for the product involved and to terminate and discontinue your use
of the Site. You further understand and acknowledge the capacity of the Site, in
the aggregate and for each user, is limited. Consequently some messages and
transmissions may not be processed in a timely fashion or at all, and some
features or functions may be restricted or delayed or become completely
inoperable. As a result, you acknowledge and agree that Videoneurosurgery
assumes no liability, responsibility or obligation to transmit, process, store,
receive or deliver Postings or for any failure or delay associated with any
Postings and you are hereby expressly advised not to rely upon the timeliness or
performance of the Site for any Postings. Some jurisdictions do not allow for
the exclusion of certain warranties or certain limitations on damages and
remedies, accordingly some of the exclusions and limitations described in this
agreement may not apply to you.
17. Indemnity. You agree to indemnify, defend and hold Videoneurosurgery,
its affiliates, and their officers, directors, shareholders, predecessors,
successors in interest, employees, agents, subsidiaries and affiliates, harmless
from and against any demands, loss, liability, claims, actions, damages, costs
or expenses (including attorneys' fees), made against Videoneurosurgery by any
third party due to or arising out of or in connection with your use of the Site.
Videoneurosurgery reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and all negotiations
for settlement or compromise, and you agree to fully cooperate with
Videoneurosurgery in the defense of any such claim, action, settlement or
compromise negotiations, as requested by Videoneurosurgery.
18. Miscellaneous Terms; Governing Law; Dispute Resolution. The Site is
operated by or on behalf of Videoneurosurgery and is intended solely and
exclusively for users who are at least 13 years of age or older. This agreement,
and policies which we refer to and which are hereby incorporated by reference,
contains the entire understanding and agreement between you and
Videoneurosurgery and supersedes any and all prior or inconsistent
understandings relating to the Site and your use of the Site. This agreement
cannot be changed or terminated orally. If any provision of this agreement is
held to be illegal, invalid or unenforceable, this will not affect any other
provisions and the agreement will be deemed amended to the extent necessary to
make it legal, valid and enforceable. Any provision which must survive in order
to allow us to enforce its meaning shall survive the termination of this
No action arising out of this Agreement or your use of the Site, regardless of
form or the basis of the claim, may be brought by you more than one (1) year
after the cause of action has arisen (or if multiple causes, from the date the
first such cause arose) to the extent allowable by law. This agreement and your
use of the Site is governed by, construed and enforced in accordance with the
internal substantive laws of the State of Italy applicable to contracts
made, executed and wholly performed in Italy.
In the event of any controversy or dispute between Videoneurosurgery and you
arising out of or in connection with your use of the Site, the parties shall
attempt, promptly and in good faith, to resolve any such dispute. If we are
unable to resolve any such dispute within a reasonable time (not to exceed
thirty (30) days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the parties
shall be free to pursue any right or remedy available to them under applicable
law. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF
THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE
SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER
POSSESS TO A TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
19. Notice and Procedure for Making Claims of Copyright Infringement.
This Copyright Compliance Policy sets forth the procedures undertaken by
Videoneurosurgery to respond to notices of alleged copyright infringement
from copyright owners and terminating the accounts of repeat infringers and does
not cover any other procedures, for any other purpose, or the procedures of any
subsidiaries and affiliates (collectively, "Affiliates"), or any other company,
unless specifically stated.
This Copyright Compliance Policy is a part of the terms and conditions which are
set forth in our Terms of Service Agreement. Any terms that are
not defined in this Copyright Compliance Policy shall have the meaning given in
the Terms of Service Agreement. Both the Terms of Service Agreement and this
Copyright Compliance Policy are legally binding on all users.
We take protection of copyrights, both our own and others, very seriously. We
therefore employ multiple measures to prevent copyright infringement over this
Site and to promptly end any infringement that might occur.
Sole Statement: This document is the sole statement of the Copyright Compliance
Policy with respect to this Site, and no summary, restatement or other version
thereof, or other statement or policy, in any form, including, without
limitation, machine-generated, is valid.
This Copyright Compliance Policy was last modified on May 21, 2008 effective immediately