Terms and Conditions

Introduction

Welcome to ModernCare. ModernCare provides its services and offerings (the "ModernCare Service," as further described below) to you subject to the following Terms of Use ("TOU"). In addition, when using the ModernCare Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time. All such guidelines and rules are incorporated by reference into these TOU.PLEASE READ THESE TOU CAREFULLY. By accessing or using the ModernCare Service, you, either an individual or a single entity ("you" or "your" as applicable), are bound by the notices, terms and conditions in this TOU and, as applicable, elsewhere on www.moderncare.us (including but not limited to our Privacy Policy, which is incorporated by reference). If you register on behalf of a business, you represent to ModernCare that you have the authority to bind that business and your acceptance of these TOU will be treated as acceptance by that business. In that event, "you"and "your" will refer to that business in these TOU. If you do not agree to any of these terms and conditions, you may not use the ModernCare Service. If you are a publisher and wish to upload video content to the ModernCare Service, then, in addition to this TOU, the Publisher Terms and Conditions or the ModernCare Pro Publisher Terms & Conditions (individually and collectively, the "Publisher Terms"), as applicable, will apply to you and are incorporated by reference.

The ModernCare Service

The ModernCare Service is comprised of (i) the ModernCare website, currently located at www.moderncare.us (and/or any successor or additional website(s) owned or operated by or for ModernCare); (ii) the ModernCare syndication network (which includes third party websites); (iii) the ModernCare client, a downloadable application to upload, download and view content (the "ModernCare Player "); (iv) the servers operated by or on behalf of ModernCare; and/or (v) any other technology and/or services that ModernCare provides its users. The ModernCare Service enables you to make content available to other users of the ModernCare Service and to access content made available by other users of the ModernCare Service. All comments and other communications posted or published by you or other users on the ModernCare Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, is referred to as "User Material." "Video Material" for purposes of this Agreement is the video you upload to the ModernCare Services. "Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation including music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for any User Material that you upload and publish to the ModernCare Service, including complying with these TOU. The terms and conditions regarding the uploading of Video Material and Publisher Material is covered in the Publisher Terms.You retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the ModernCare Service. In connection with User Material that you make available on the ModernCare Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize ModernCare to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the ModernCare Service and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to ModernCare, you hereby grant (or warrant that the owner of such rights has expressly granted) ModernCare a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the ModernCare Service and ModernCares (and its successors) business, including without limitation for promoting and redistributing part or all of the ModernCare Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the ModernCare Service a non-exclusive license to access your User Material through the ModernCare Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the ModernCare Service and under these TOU.ModernCare does not guarantee that any User Material or Video Material and Publisher Material will be made available on the ModernCare Service, whether continuously or at all. ModernCare shall have no obligation to monitor any User Material and Video Material and Publisher Material. However, ModernCare and its agents reserve the right to monitor any User Material and Video Material and Publisher Material from time to time for any lawful purpose. ModernCare may, without notice to you, remove or block any User Material and/or Video Material and Publisher Material from the ModernCare Service, including disabling access to such User Material and/or Video Material and/or Publisher Material that you have downloaded through the ModernCare Service.

Registration

Registration is not required to view most User Material and Medical Video Material and Publisher Material provided as part of the ModernCare Service. However, you are required to register if you wish to post a comment or upload a video, download the ModernCare Player or view certain User Material and Video Material and Publisher Material. If you wish to upload a video you will be subject to our Publisher Terms. If you wish to download the ModernCare Client you will be subject to additional terms and condition relating to the license and use of the ModernCare Client.To register, you will have to create an account. As a condition to using such components of the ModernCare Service, you will be asked to register with ModernCare and select a password and screen name ("ModernCare User ID"). You shall provide ModernCare with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your ModernCare account. You may not (i) select or use as a ModernCare User ID a name of another person with the intent to impersonate that person; (ii) use as a ModernCare User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a ModernCare User ID a name that is otherwise offensive, vulgar or obscene. ModernCare reserves the right to refuse registration of, or cancel a ModernCare User ID in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ModernCare immediately of any breach of security or unauthorized use of your account. Although ModernCare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ModernCare or others due to such unauthorized use. All registration information provided by you shall be subject to ModernCare's Privacy Policy or any successor thereto.

Content on the ModernCare Network(Videos, Images, Sounds, Audios, Text)

Content on ModernCare is meant for all medical audiences. You understand that you will be exposed to User Material from a variety of publishers and that ModernCare is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ModernCare with respect thereto, and agree to defend, indemnify and hold harmless ModernCare, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the ModernCare Service.

User Conduct

ModernCare grants you permission to use the ModernCare Service subject to all of the terms and conditions set forth in these TOU.As a condition of use, you agree not to use the ModernCare Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the ModernCare Service is expressly prohibited.By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the ModernCare Service, that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or ii. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or iii. misrepresents the source or identity of any content; or iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation; or v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of ModernCare or any third party; or vi. impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of ModernCare; or vii. constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause ModernCare to violate any applicable law or regulation.In addition to these TOU, your use of the Video Material may be subject to separate license terms as set forth by the Publisher.Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in ModernCare's sole discretion, an unreasonable or disproportionately large load on ModernCare's infrastructure; (ii) interfere or attempt to interfere with the proper working of the ModernCare Service or any activities conducted on the ModernCare Service; (iii) bypass any measures ModernCare may use to prevent or restrict access to the ModernCare Service, other accounts, or computer systems or networks connected to the ModernCare Service; or (iv) interfere with any other users enjoyment of the ModernCare Service, including, without limitation, accessing an account of a ModernCare user that is not yours.You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the ModernCare Service or any content available through the ModernCare website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the ModernCare Service in a manner which sends more request messages to the ModernCare server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.You shall not harvest or collect information from the ModernCare Service, including, without limitation, information about other users of the ModernCare Service. The use of any information learned through the ModernCare Service or while in the ModernCare website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.Unless expressly authorized, you shall not frame or otherwise display any portion of the MedicalVideos.us website or any of its contents. No hyperlinks to any password protected web pages on the MedicalVideos.us website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by ModernCare in our sole discretion.

Ownership

The content accessible through the ModernCare Service, except User Material and Video Material and Publisher Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "ModernCare Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to ModernCare, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the ModernCare Content, Marks, User Material and Video Material and Publisher Material is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these TOU or without the prior written consent of the respective owners. ModernCare reserves all rights not expressly granted in and to the ModernCare Service and the ModernCare Content. If you download or print a copy of the ModernCare Content, User Material or Video Material and Publisher Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the ModernCare Service or features that prevent or restrict use or copying of any ModernCare Content, User Material or Video Material and Publisher Material.

Copyright Policy

ModernCare respects the rights of copyright holders. We have established a copyright policy which is incorporated herein by reference.

Termination

ModernCare may terminate your access to all or any part of the ModernCare Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the ModernCare Service at any time, provided that all provisions of this TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

THE ModernCare SERVICE, ModernCares CONTENT AND MARKS ARE PROVIDED BY ModernCare "AS IS" AND "AS AVAILABLE". ModernCare MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ModernCare SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ModernCare DISCLAIMS ALL WARRANTIES REGARDING THE ModernCare SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE ModernCare SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE ModernCare SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, ModernCare DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE ModernCare SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND ModernCare WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

Limitation of Liability

IN NO EVENT SHALL ModernCare OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE ModernCare SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE ModernCare SERVICE (INCLUDING BUT NOT LIMITED TO, ModernCare CONTENT AND ModernCare MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ModernCare OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ModernCare ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE ModernCare SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE ModernCare SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ModernCare WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ModernCare WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE ModernCare SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE ModernCare SERVICE.SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, ModernCare'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless ModernCare and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "ModernCare Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the ModernCare Service; (ii) your violation of any term of these TOU; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the ModernCare Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the ModernCare Indemnitees. ModernCare shall have the right, in its sole discretion, to select its own legal counsel to defend the ModernCare Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the ModernCare Indemnitees in connection therewith. You shall not, without the prior express written approval of ModernCare, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any ModernCare Indemnitee. This defense and indemnification obligation will survive these TOU and your use of the ModernCare Service.

Miscellaneous

Acceptance. If you do not accept all of the terms and conditions set forth in these TOU, you may not access or use the ModernCare Service.

Ability to Accept. The ModernCare Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU. If you are under 13 years of age, you may not register for or use the ModernCare Service.

Modification. ModernCare shall have the right to modify these TOU at any time, which modification shall be effective immediately following ModernCare's posting of such change on its website. We recommend that you check the ModernCare website regularly for any such changes. Your use of the ModernCare Service following such posting shall be deemed to constitute your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of ModernCare.

Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by ModernCare to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.

Privacy Policy. Your use of the ModernCare Service is subject to your acceptance of our Privacy Policy, which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.

Links to Third Party Websites. As a convenience for its users, ModernCare may provide links on this website to other websites owned by third parties. Unless otherwise stated, ModernCare does not endorse or control these third parties and takes no responsibility for them or their websites.

Export and International Use. The ModernCare Service is controlled and offered by ModernCare from its facilities in the United States of America and all the videos are provided to doctors,medical students allover the world.

Patients. ModernCare services are directed to physicians/doctors and health professionals only and are not directed to patients or normal people and we are not responsible for any harms that may result from the un-professional use of these ModernCare