PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR THE MATERIALS.
Welcome to Docplexus.com. The website is owned and operated by Docplexus Online Services Pt. Ltd, an India based business with operations around the world. These website and materials are designed to comply with rel-evant laws and regulations. This is a legally binding agreement ("Agreement") between Docplexus, and its affil-iates and you ("You" or Your"). This Agreement governs Your use of the website (www.docplexus.com) and our app (the "Site" or "Sites"), including, without limitation, all content such as text, information, images, Docplex-us, Forums, Docplexus Blog and Heard Around The Community online community, software and other infor-mation, services and materials (collectively, the "Materials") and all information made available to You or by You through this Site by Docplexus and/or third parties.
Please carefully read these Terms. By accessing or using the Site, you are agreeing to these Terms and conclud-ing a legally binding contract with Docplexus Online Services Private Limited. You may not use the Services if you do not accept the Terms or unable to be bound by the Terms. Your use of the Site is at your own risk, in-cluding the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services offered by Docplexus web and mobile application.
"Content" will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messag-es, profile information, and any other materials that you publicly display or displayed in your account profile. "Docplexus content" means content that Docplexus creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than Docplexus or its users and is available on the Services.
Docplexus is a restricted site for use of doctors only. By becoming a user of Docplexus and/or using the services of the website, you hereby declare and agree that you are a qualified doctor. In case you are found not to be a doctor and still using the website for any personal or professional purpose, Docplexus reserves the right to initiate legal action under various criminal and civil laws. These acts will be including but not limited to Indian IT Act for personation, false representation and anti-quackery laws.
Docplexus is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Docplexus provides may require ef-fecting certain changes in it, therefore Docplexus reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its con-tents, products and services contained on the site without any prior notice. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the appli-cable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Ser-vices, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any up-dates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Docplexus disables access to your account, you may be prevented from ac-cessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while Docplexus may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Docplexus may set such fixed upper limits at any time, at Docplexus' discretion.
By using Docplexus’ Services you agree to the following disclaimer: The Content on these Services is for infor-mational purposes only. Docplexus disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Docplexus reserves the right to make chang-es and corrections to any part of the Content on these Services at any time without prior notice.
Docplexus reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.
All Materials are provided by Docplexus unless indicated otherwise. All intellectual property rights in the Mate-rials (including copyrights, trademarks, trade secrets and patents) are the property of Docplexus unless indicat-ed otherwise. Docplexus retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by Indian and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, trans-mitted, performed, or distributed in any way, without Docplexus's prior written permission. Docplexus, the Docplexus logo are registered trademarks of Docplexus and docplexus-insights blog are trademarks and the property of Docplexus. All other names and trademarks are the property of their respective holders.
Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site or the Materials shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not:
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Docplexus, unless you have been specifically allowed to do so, by way of a separate agreement with Docplexus. You specifically agree not to access (or attempt to access) any of the Services through any automat-ed means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) with respect to its functionality, performance and efficien-cy.
You agree that you shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Ser-vices for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk as-sessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
You hereby agree and assure Docplexus that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Docplexus in any form or man-ner whatsoever.
Docplexus may terminate this use license at any time if you are in breach of the terms of this Agreement or if you are found to be in violation of Docplexus's Code of Conduct. Upon termination, you will immediately de-stroy any Materials in your possession, if any, and cease use of the Site.
To use any Materials, You must
(a) be a licensed physician in the INDIA or in another country, (b) be a registered participant of Docplexus.com. Prior to the use of this Site, You must provide Docplexus with valid confirmation of (a) & (b), above, including all of the following: (i) your name; (ii) Your mailing address (i.e., so we can mail you any accrued payments); (iii) jurisdictions of licensure; and (iv)other confirmatory demographics. By submitting that information to Docplexus, You hereby certify all assertions made under this Section and agree that you authorize Docplexus to confirm the veracity of such information.
In addition to the above Opportunities, Docplexus membership automatically makes you a part of the Docplexus Panel, a health care professional survey panel own and maintained by Docplexus ("Panel"). As a Panel member, you will have access to the below services as well as eligibility to receive invitations to participate in market research surveys in the event such opportunities arise. Participation in the Panel is free. As a Panel member, Docplexus (or its service providers or affiliates on Docplexus's behalf) may contact you multiple times via any and all contact information that you provide to Docplexus.
You may only join Docplexus once and therefore membership is personal to you and is not transferable to any other person. Docplexus has the right to refuse any Docplexus member inclusion in market research Panels. To complete your Panel profile, you will be asked to provide information on key profiling demographics that we need, at a minimum, to ensure you are eligible to become a member of the Panel and to ensure that once you have successfully registered with the Panel that you have every opportunity to be invited to the surveys as may be applicable. You are responsible for ensuring that your personal details and your profile data at any point are true, accurate and current.
Providing additional information as part of your profile, which is accessible on your personal member pages, is not required but may further increase your chances of being invited to surveys relevant to you.
It remains your responsibility to ensure your login credentials (e-mail and password) are kept confidential. Docplexus will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password.
If you no longer wish to be a member of the Panel, you may request to be removed from the Panel at any time. If you choose to opt-out of the Panel, you do not terminate your Docplexus membership. Termination of Docplexus membership will, however, remove you from the Panel. However, upon termination of your partici-pation with the Panel, you forfeit any right to any honoraria or incentives not yet reimbursed to you.
You can request your personal details to be removed from the Panel active database and to have your participa-tion in the Panel terminated by:
Docplexus reserves the right to suspend or cancel Panel participation, together with any outstanding honoraria or incentives, if applicable, if one of the following events occurs
Panel members also have the opportunity to participate in the following services. As a Panel member, you will receive communications regarding the below Docplexus services, unless you opt out of further emails by using the “Email Settings” link in the settings area of the website.
This Site is intended by Docplexus to require a valid, working e-mail address and password to access and use the Materials and other features on the Site. Certain other Materials or functionalities on the Site may require addi-tional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail ad-dress, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your fail-ure to maintain the strict confidentiality of Your ID, and (4) promptly informing Docplexus in writing of any need to deactivate an ID due to potential or actual security concerns. Docplexus is not liable for any harm relat-ed to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Docplexus in writing of any unauthorized use of Your ID.
The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Docplexus or You are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other ser-vice offered by or through this Site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Docplexus, Inc. is not re-sponsible or liable for any claim, loss, or damage arising from the use of the information. Docplexus does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by you is solely at your own risk.
As a user of this Site, You are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation as provided in Section 1. You hereby certify that you are not a paid consultant or have any other financial interests in the information you provide to this Site, in-cluding, but not limited to, the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information.
The Site is not intended for the transmission, storing, review or receipt of confidential patient information ("Patient Information"). However, if you upload such Patient Information to the Site, the following terms apply. Applicable laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmis-sion, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and main-taining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or re-ceive in connection with the Site, the Materials and any third party site. You agree that Docplexus, Docplexus's licensors and licensees, and all other persons or entities involved in the operation of the Materials and func-tionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Infor-mation, if applicable, in connection with the operation or use such Materials, and are acting on Your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO Docplexus) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
THE MATERIALS AND THE SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL Docplexus, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY DOCPLEXUS OR DOCPLEXUS'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER Docplexus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOCPLEXUS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. Docplexus and its parents, subsidiaries, affiliates and their respective members, directors, of-ficers, employees, stockholders and agents further do not warrant the accuracy or completeness of the infor-mation, text, graphics, links or other items contained within these Materials. Docplexus may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Docplexus makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in your location.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, Docplexus SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND Docplexus AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF INR 100. YOU AND Docplexus AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND Docplexus. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, DOCPLEXUS WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
You agree to defend, indemnify and hold Docplexus, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Docplexus's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
Unless otherwise agreed in writing prior to Your submission, any material, information or other communica-tion You transmit or post to the Site or third party site will be considered non-confidential and non-proprietary ("Communications"). Docplexus will have no obligations with respect to the Communications. You agree that from time to time Docplexus may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
Docplexus hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contri-butions made from your own account to the Docplexus Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contri-butions and does not grant you rights to republish the contributions or postings of other Docplexus members and Docplexus editorial team. Docplexus and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent per-mitted by applicable law. Docplexus shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmit-ting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally iden-tifying information of any other Docplexus member unless that individual has previously revealed his or her own name or personally identifying information in that specific Docplexus post. Any attempt to obtain unau-thorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Docplexus hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed nec-essary by Docplexus in its sole discretion and without further notice. You are reminded that Docplexus does not collect personal health information about individuals. To submit a post, you must provide and upload infor-mation to the Docplexus server. Within Your uploaded submission, Docplexus does not collect or maintain in-formation that would associate this submission with a specific patient or individual. To be clear, Docplexus does not possess nor does it wish to possess patient data.
Once a registered participant, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of Docplexus and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at reg-istration is entirely optional and can be altered or removed by you at any time.
Docplexus reserves the right to Access, Moderate or Delete any content posted by users of Docplexus site.
If necessary and in accordance with applicable law, Docplexus will comply with local, state, federal, interna-tional and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authori-ty or the like.
The linked sites are not necessarily under the control of Docplexus and Docplexus is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Docplexus re-serves the right to terminate any link or linking program at any time. Docplexus has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or prod-ucts. If you decide to access any of the third party sites linked to this Site, You do this entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Docplexus shall not be responsible for notification of any change in name or location of any information of the Site. Docplexus re-serves the right to request any web site administrator to disable or remove any link that violates any rights of Docplexus or causes interruption or deterioration of Materials provided by Docplexus. Failure to abide by this request shall be dealt with as provided in this section.
This Site is controlled by Docplexus from its global offices. Docplexus makes no representation that Materials in this Site are appropriate or available for use in all locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of applicable export laws or regulations. Any claim relating to the Materials shall be governed by local applicable law.
Any dispute between Docplexus and You arising out of this Agreement shall be resolved first by direct commu-nication with one or more of Docplexus's management team members. Should Docplexus and You be unable to resolve the dispute by communication and both You and Docplexus jointly agree to do so, Docplexus or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the Indian Arbitration Association or its equivalent nearest the place of Your pro-fessional. The arbitrator shall fully implement the intent and purposes of this Agreement.
Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement or if You are found to be in violation of Docplexus's Code of Conduct. Docplexus may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Sections 1, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 22 of this Agreement survive the expiration or ter-mination of this Agreement for any reason whatsoever. Docplexus reserves the right to discontinue or make changes to the Site and/or Materials at any time.
Docplexus may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without Docplexus's prior written permission. Any attempt by you to assign your rights under this Agreement without Docplexus's permission shall be void.
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any oth-er breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or pro-vision of this Agreement.
Docplexus shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Docplexus to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Docplexus's control.
Docplexus may deliver notice to you under this Agreement by means of electronic mail, a general notice on http://www.docplexus.com , or by written communication delivered by first class US mail to your address on record in Docplexus's account information. You may give notice to Docplexus at any time via electronic mail to email@example.com or by letter delivered by courier to the following address:
Attention: If you object to any material found on this Site, please bring your concerns to the attention of [firstname.lastname@example.org]. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
Docplexus shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed up-on by material found in the Services, you are required to follow the below procedure to file a notification related to copyright violation –
1. Identify and provide complete details of each individual incident of copyright violation separately in writing that you claim have been infringed upon.
2. Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
3. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
4. Provide your contact information including your address, telephone number, and e-mail address (if available);
5. Each individual case of copyright violation must be substantiated with sufficient details and admissible evidence so that it can be audited and verified for further action
a. Your original work with its URL where you have published it
b. The original author profile details with his address, phone number, email id and any other relevant information
c. The URL of Docplexus post which violates your copyright
d. The date of publication on Docplexus
e. The details of author who has violated copyright by publishing your original content on Docplexus
f. An explanation highlighting the copyright violation and why the content should not be considered original work or not be considered adapted and fair use of copyrighted content (depending on your case).
g. A digital proof from the database with a digital signature and timestamp to prove that your client is the original author of the work. A digital audit of your database that maintains timestamp and edit trail with publication history of the content and is an acceptable evidence. Screenshots with articles and it publication dates are not admissible as digital evidence as they can be fabricated in any image editor
h. The digital trail and timestamp must be of the category that cannot be altered or tempered by your for your undue advantage
6. Upon receiving the all the necessary details in required format, it will be forwarded to the moderation team and they will investigate each individual issue for its validity and genuineness.
7. During investigation, our audit team will look at all the information and evidence provided by you to make a fair assessment.
8. Our investigation and audit team may get in touch with you and your team for further information. You will have to cooperate with our team as required for speedy resolution of the issue.
9. In case we find that there is an infringement, we will remove or disable links or references to an online location that contains infringing material or infringing activity.
10. In case there is no infringement, you may be subject to liability for knowingly making any misrepresentations on a take-down notice. Kindly send all the written communication to: email@example.com.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unen-forceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be re-formed so that it would be valid, operative and enforceable to the maximum extent permitted in such circum-stances.
Docplexus reserves the right to make changes to this Agreement at any time without advance notice. Docplexus agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective im-mediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. You understand and agree that if you use the Docplexus services or access the Site after the date on which the amendment has been posted, you consent to such amendment.