By using the Services, you agree to these Terms regardless of whether you fall within the scope of DWN’s intended target audience. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all these Terms, do not use the Services.
Scope of These Terms
DWN includes the website docwirenews.com (the “Website”). The Website is owned and operated by Mashup Media, LLC. These Terms govern the use of the Website and the Services provided thereby.
Use of the Services
DWN will feature a variety of health care-related content (“DWN Content”), including, without limitation, staff-written articles, expert content, curated headlines from other major outlets, and social media content from different social media outlets. We will also produce and host multimedia content, including video and audio.
The Services are intended for HCPs. 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 or any portion thereof.
The information and tools we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a health care professional, they are in no way intended to serve as a diagnostic service or platform, provide certainty with respect to a diagnosis, recommend a particular product or therapy, or otherwise substitute for the clinical judgment of a qualified HCP. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health care profession.
If you are a consumer who chooses to access the professional-level information made available through the Services, such as, by way of example and not limitation, a peer-reviewed article published by an expert in the field of medicine or health care, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified HCP. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.
Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, and non-sub-licensable license to use the Services and view the information and materials made available through the Services, including User Content, as defined below, solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, DWN Content, or the Website except as expressly permitted in these Terms. All rights not expressly granted herein are reserved to Mashup Media, LLC and their respective licensors, as applicable.
DWN may contain links to third-party websites or resources that are not part of DWN. You agree that we are not responsible or liable for these websites and resources, including, without limitation, their availability or the content and information that they provide. The inclusion on DWN of third-party resources, including links to third-party websites, does not imply our endorsement of these resources.
You agree that you will not engage in any of the following activities in connection with your use of the Services:
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- Use, display, mirror, or frame the Website or any component thereof, including DWN’s trademark, logo, or other proprietary information, without the written consent of Mashup Media, LLC, as applicable;
- Remove any copyright, trademark, or other proprietary rights notices contained within DWN, including those of Mashup Media, LLC and any of their respective licensors;
- Infringe or use the DWN brand, logos, and/or trademarks in any business name, email, URL, or other context unless expressly approved in writing by Mashup Media, LLC, as applicable;
- Attempt to circumvent any protective technological measure associated with the Services;
- Attempt to access or search DWN or any content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools, or the like) other than through software generally available through website browsers;
- Post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
- Impersonate or misrepresent your affiliation with another person or entity;
- Harvest or otherwise collect information about others, including email addresses;
- Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing DWN;
- Fail to respect another user’s privacy, which includes revealing another user’s password, phone number, address, instant messenger ID or address, or any other personally identifiable information; or
- Use DWN, the Services, or any DWN Content in any manner not permitted by these Terms.
We may, but are not obligated to, do any or all of the following without notice:
- Record or prescreen User Content submissions to public areas within DWN;
- Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request, or legal process;
- Edit DWN Content.
Information That You Make Available Through the Services
You are solely responsible for ensuring that the User Content you make available through the Services complies with applicable laws, including, without limitation, those relating to privacy and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or that could reasonably enable the identification of an individual (eg, name, email address, Social Security number, insurance number or other unique identification number, biometric identifiers, facial photographs, or photographs of identifying marks such as tattoos or scars). You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.
You agree that you will not use the Services to make available User Content that:
- You do not have the right to make available under any contractual or fiduciary agreement or law;
- 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;
- Results in the violation of any applicable law or regulation, including, without limitation, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws;
- Is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Promotes illegal activity;
- Is fraudulent, false, misleading, or deceptive;
- Constitutes an advertisement or solicitation of business; or
- Contains viruses or other harmful computer code designed to interrupt, destroy, or limit the use of any computer software or hardware.
You acknowledge and agree that DWN and any software used in connection with DWN (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the DWN Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose DWN, the DWN Content, or the Software, in whole or in part. Any use of DWN or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties’ intellectual property rights.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading, or print a copy of an article for yourself. You may not remove any copyright notices from materials obtained through DWN. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
Dealing With Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.
Laws That Govern This Agreement
We control those components of the Services made available through our respective websites from our offices within the state of New Jersey in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of New Jersey, without regard to the principles underlying choice of laws, will apply to all matters relating to use of the Services.
Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health care profession. We make no representation as to the legal compliance of the Services or the DWN Content, and you are solely responsible for compliance with the laws of your jurisdiction with respect to your use and misuse of the Services and the DWN Content.
Termination and Modification
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Services and your ability to access, visit, and/or use the Services or any portion thereof, and/or these Terms, including, without limitation, any of our purported obligations hereunder, with or without cause, with or without notice. You agree that all terminations shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your access to the Services.
Even if the Services, your ability to access, visit, and/or use the Services or any portion thereof, and/or these Terms are terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to remove any User Content, but we may in our discretion. Therefore, content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through DWN may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties, including other users. We have no obligation to retain, store, or provide you with any information pertaining to User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through DWN. These Terms shall survive the termination or expiration of these Terms.
DWN, THE SERVICES, AND DWN CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT DWN, THE SERVICES, AND DWN CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DWN. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF DWN, NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE, AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HCPs, OR OPINIONS.
In no event shall Mashup Media, LLC or any other person or entity involved in creating, developing, or delivering DWN, the Services, or DWN Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use DWN, the Services, or DWN Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties mentioned within the Services are advised of the possibility of such damages.
We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within 1 year of the date of the event giving rise to such action that occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements with or without limitation, and reasonable legal and accounting fees resulting from, or alleged to result from, your access to or use of DWN, the Services, and/or DWN Content or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials within DWN infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent and providing the following information:
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location (eg, URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address, if available.
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate. You must indicate “under penalty of perjury” that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Please forward any copyright concerns or issues related to DWN to the following address:
Mashup Media, LLC
670 Madison Avenue
Manalapan, NJ 07726
We reserve the right, at our sole discretion, to modify, discontinue, or terminate any of the Services, DWN Content, or these Terms at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within DWN. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using DWN and the Services.
Except as expressly provided in a particular “legal notice” generated on the Website, these Terms constitute the entire agreement between you and Mashup Media, LLC with respect to your use (and prior use) of DWN and the associated Services and DWN Content.
These Terms constitute the entire and exclusive understanding and agreement between Mashup Media, LLC and you regarding DWN and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mashup Media, LLC and you regarding DWN and the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Mashup Media, LLC. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Mashup Media, LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be posted within DWN.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The invalidity or unenforceability of any of the foregoing provisions set forth in these Terms shall not affect the validity or enforceability of any other provision set forth in these Terms, which shall remain in full force and effect.
If you have questions about the Services or these Terms or wish to provide feedback, please contact us at [email protected]. By submitting feedback and suggestions, you grant a nonexclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.
Effective date: April 24, 2023