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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE BECAUSE THEY, AND THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEB SITES.

IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

These Terms of Use apply to web sites owned, operated or licensed by WEBMD LIMITED, including but not limited to WebMD.CN and WEBMD.HK (collectively referred to as the “WebMD”).  We may revise and update these Terms of Use at any time. Your continued use of WebMD means that you accept those changes.

WebMD Does Not Provide Medical Advice

The content of WebMD, such as text, graphics, images and other material contained on WebMD (the “Content”) are for informational purposes only, and should not be interpreted as a professional medical recommendation for a specific treatment plan, product, course of action or medical or healthcare provider.  Your use of WebMD does not create a doctor / patient relationship.  WEBMD DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT.

You should not use WebMD to diagnose a health or fitness problem or disease. Use of WebMD does not replace medical consultation with a qualified health or medical professional – always seek the advice of your physician or other qualified health provider with respect to any questions you may have regarding a medical condition, and never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on WebMD. The Content is provided AS IS and without any warranties. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on WebMD.

Privacy

We respect your personal privacy. By accessing WebMD, you are agreeing to be bound by our Privacy Policy. The Privacy Policy and any additional terms are incorporated by reference into these Terms of Use and form a part of our agreement with you.

Ownership of the Content

The Content is protected by international and domestic copyright laws. Ownership of the Content remains with WebMD or third parties with which WebMD has a license agreement. Content is subject to change or termination without notice in the editorial discretion of WebMD. All rights not expressly granted herein are reserved to WebMD and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

If you make any submission of content to WebMD, you automatically grant, or warrant that the owner of such content has expressly granted, to us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“License”); and you represent and warrant to us that you have the right to grant us such license. Additionally, you represent and warrant that such submission of content does not infringe or violate any intellectual property, publicity or other rights of any party, and that the content is non-confidential for all purposes. Moreover, you agree that you shall not submit content that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use. We reserve the right to review all content prior to submission to WebMD and to remove any content from WebMD for any reason, at any time, without prior notice, at our sole discretion and without prior notice to you.

Use of WebMD

You may only use WebMD and the Content for your own personal, non-commercial use, and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. We reserve the right to deny you access to any and all parts of WebMD for any reason, and at our sole discretion. We do not assume any responsibility to monitor the Content for accuracy or unacceptable use, nor will any of the Content be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us.

You may never use, allow or enable others to use WebMD or knowingly condone use of WebMD to or attempt to:

  • violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
  • engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
  • impersonate any other person, firm or enterprise or any of our or their employees and agents;
  • use WebMD for transmission or other use of malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including WebMD;
  • gain unauthorized access to WebMD, including but not limited to other users’ accounts, names, login or password, or personal information;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of WebMD or the rights or use and enjoyment of WebMD by any other person, firm or enterprise;
  • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
  • engage in any activity or fail to report any activity involving SPAM, junk e­mail, chain letters, duplicitous or unsolicited messages, or “spamming” and “phishing” or other similar schemes;
  • use WebMD or the Content for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages; or
  • use any robot, spider or other automated means to access WebMD or the services for any reason without our prior written consent.

By using WebMD, you agree to defend us against any demands, claims or actions arising out of or as a result of your breach or violation of our Terms of Use, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

Intellectual Property

Nothing on WebMD should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to trademarks appearing in the Content (the “Trademarks”) without our express written permission or the express written permission of the applicable third party. Except as expressly provided in these Terms of Use, any use of the Trademarks is expressly prohibited.

We respect the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes infringement in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on WebMD; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf. Our agent may be contacted at:

WEBMD LIMITED
Room 1403
West Tower Shun Tak Centre
168 Connaught Road
Central Hong Kong

Limitation of Liability

WEBMD AND THE CONTENT ARE MADE AVAILABLE “AS IS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON‐ INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITES WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITES ARE ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITES FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF OUR SITES, OUR TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Third Party Links

WebMD may contain links to or advertisements for websites operated by third parties. The links to and advertisements concerning Third Party websites are provided for your convenience only. We do not control such third party websites and we are not responsible for the content and performance of these third party websites or for your transactions with them. Our inclusion of links to or advertisements for such third party websites does not imply any endorsement of the material, products or services on such third party websites or any association with their operators.

Choice of Law

Our Terms of Use shall be construed and enforced under the laws of Hong Kong, and you specifically agree and submit to the jurisdiction of Hong Kong courts and will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.

Additional terms

Our Terms of Use, together with our Privacy Policy that is incorporated by reference, represent the entire agreement you have with us regarding WebMD, the Content and other subject matter set forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms of Use or any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

Our Terms of Use can only be modified by us as described above or by mutual written agreement,
signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term
or condition is severable and shall not affect the rest of the Terms of Use. Headings are purely for
reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to this Terms of Use 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 of action arose).

Assignment

We may assign our rights and duties under this agreement to any party at any time without notice to you. You may not assign this agreement to anyone else.

Notice

We may deliver notice to you under this agreement by means of electronic mail, a general notice on WebMD, or by written communication to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by overnight courier to the following address:

WEBMD LIMITED
Room 1403
West Tower Shun Tak Centre
168 Connaught Road
Central Hong Kong