MyMonaLisadoc.com Privacy Notice
www.MyMonaLisadoc.com or other web sites owned or operated by HCNF Holdings, LLC (the “MyMonaLisadoc Sites”) values your privacy. This Privacy Notice details important information regarding the use and disclosure of your information collected on the MyMonaLisadoc Sites. MyMonaLisadoc provides this Privacy Notice to help you make an informed decision about whether to use or continue using the MyMonaLisadoc Sites. This Privacy Notice is incorporated into and is subject to the MyMonaLisadoc Terms of Service. Your use of the MyMonaLisadoc Sites and any personal information you provide on the MyMonaLisadoc Sites remains subject to the terms of this Privacy Notice and our Terms of Service.
Please note that any content posted by you onto the MyMonaLisadoc Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
Our Commitment To Children’s Privacy. Protecting the privacy of young children is especially important. For that reason, MyMonaLisadoc does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the MyMonaLisadoc Sites from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the MyMonaLisadoc Sites at any time or in any manner.
If MyMonaLisadoc learns that personally identifiable information of persons under 13 years of age has been collected on the MyMonaLisadoc Sites without verified parental consent, then MyMonaLisadoc will take the appropriate steps to delete this information.
Special Note to International Users. The MyMonaLisadoc Sites are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the MyMonaLisadoc Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the MyMonaLisadoc Sites, which are governed by U.S. law, this Privacy Notice, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.
2. Information MyMonaLisadoc Receives from You.
3. Information MyMonaLisadoc Collects.
Cookies Information. When you visit the MyMonaLisadoc Sites, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. MyMonaLisadoc uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the MyMonaLisadoc Sites may not function properly if the ability to accept cookies is disabled.
Log File Information. When you use the MyMonaLisadoc Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Clear Gifs Information. When you use the MyMonaLisadoc Sites, we may employ “clear gifs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened by recipients
4. The Way MyMonaLisadoc Uses Information.
Use of Voluntary Disclosure of Information. Any personal information or content that you voluntarily disclose on the MyMonaLisadoc Sites (e.g., on the MyMonaLisadoc Sites’ discussion boards, in messages and comment areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others.
Your account name (not your email address) is displayed to other MyMonaLisadoc users when you submit comments, articles or send messages through the MyMonaLisadoc Sites and other MyMonaLisadoc users can contact you through messages and comments.
Any content that you submit to the MyMonaLisadoc Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
Contact its Users. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major MyMonaLisadoc Site changes or for customer service purposes).
5. When MyMonaLisadoc Discloses Information.
However, we do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the MyMonaLisadoc Sites.
Connect MyMonaLisadoc Users with Doctors. MyMonaLisadoc offers the “Find a Doctor” feature on its MyMonaLisadoc Sites, which connects MyMonaLisadoc users with various doctors featured on the MyMonaLisadoc Sites. By using MyMonaLisadoc’s “Find a Doctor” form, you voluntarily provide the doctor’s office with your name, email address, telephone number and your comments/desired treatment, which is transmitted by MyMonaLisadoc to the doctor’s office. The information provided to the doctor’s office through the “Find A Doctor” feature is not used by MyMonaLisadoc in any other manner other than transmitting that information to the doctor’s office through the MyMonaLisadoc Sites.
Legal Requests and Comply with State and Federal Laws. We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
MyMonaLisadoc also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that MyMonaLisadoc believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the MyMonaLisadoc Sites, and to protect the rights, property, or personal safety of MyMonaLisadoc, MyMonaLisadoc’s users or others.
In the Event of Merger, Sale, or Bankruptcy. In the event that MyMonaLisadoc or the MyMonaLisadoc Sites are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Third-party Advertisers, Links to Other Sites. MyMonaLisadoc allows other companies, called third-party ad servers or ad networks, to serve advertisements within the MyMonaLisadoc Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the MyMonaLisadoc Sites. They automatically receive your IP address when this happens.
These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. MyMonaLisadoc does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
However, please note that if an advertiser asks MyMonaLisadoc to show an advertisement to a certain audience (for example, women ages 35-49) or audience segment (for example, women ages 35-49 who have viewed certain content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
Currently, MyMonaLisadoc has relationships with the following third-party ad servers or ad networks: Google, Inc. http://www.google.com/privacypolicy.html
6. Your Choices.
You may, of course, decline to submit personally identifiable information through the MyMonaLisadoc Sites, in which case MyMonaLisadoc may not be able to provide certain services to you.
You may update or correct your personal profile information and email preferences at any time by visiting your account profile page.
Please note that content submitted by MyMonaLisadoc users to the MyMonaLisadoc Sites cannot be removed and remain subject to our Terms of Service.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact MyMonaLisadoc with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using the feedback form.
7. Our Commitment To Data Security.
MyMonaLisadoc uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to MyMonaLisadoc and the MyMonaLisadoc Sites and you do so at your own risk. Once we receive your transmission of information, MyMonaLisadoc makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If MyMonaLisadoc learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. MyMonaLisadoc may post a notice on the MyMonaLisadoc Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using our feedback form.
8. Changes and updates to this Privacy Notice.
This Privacy Notice may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the MyMonaLisadoc Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Date Last Modified: This Privacy Notice was last modified on November 20, 2015.
Contact Information: Please contact MyMonaLisadoc with any questions or comments about this Privacy Notice using OUR FEEDBACK FORM.
Copyright © 2015 MyMonaLisadoc.com
Term of Service:
MyMonaLisadoc Terms of Service
MyMonaLisadoc reserves the right to make changes to the Site, Service, Terms and other policies. If MyMonaLisadoc makes material changes to these Terms or other policies, then MyMonaLisadoc will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. MyMonaLisadoc will also indicate at the top of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of November 28th, 2015 and supersede all previous versions of MyMonaLisadoc’s Terms. If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Service and the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service or the Site.
2. No Medical Advice.
The content, (which includes any text, graphics images or other material contained, accessed or entered on the Site (“Content”)), on this Site is for educational/informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between you and health care professionals on the Site or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Site, whether or not it is provided by a health care professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.
3. How and When You May Use the Site or Service.
You may use the Service only to post reviews based on your personal experiences and to communicate with other community members about questions on personal care, beauty, and wellness. Except to the extent you are otherwise directly authorized by MyMonaLisadoc, you may use the Service only for personal, non-commercial uses, and may not use the Service to advertise or promote a product, service, procedure, business, health care professional, or other person.
For example, and without limiting the foregoing, you may not use the Service to post any reviews, questions, answers or other content:
- That praise, recommend, describe positive experiences with, or otherwise promote a product, service or procedure that you or your employer sells, markets, distributes or performs;
- That praise, recommend, describe positive experiences with, or otherwise promote a health care professional or other person that is yourself or someone to whom you are related or with whom you work;
- That praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed;
- That are false or misleading, including reviews that are fabricated or exaggerate positive results; or
- That are repetitive or duplicative with respect to the product, service, procedure, business, health care professional, or other person about which they concern (e.g., it is not acceptable to post multiple similar reviews about your experience with a procedure in one or more areas of the website); or
- That are for, on behalf of, or at the request of another person, if such other person would violate any of the above by posting such content.
If you breach this Agreement and use the Service for advertising, promotion, or other commercial or non-personal uses (including any of the prohibited examples above), you acknowledge that you will have caused substantial harm to MyMonaLisadoc, but that the amount of such harm would be very difficult to determine. As a reasonable estimation of such harm, you agree to pay MyMonaLisadoc $100 for each such prohibited review, question, answer or other content you post or submit on or through the Service.
This will not be construed to prohibit you from posting content as an individual in a response to content posted by another user about your business; provided, that (a) you have provided true and accurate registration information to MyMonaLisadoc about yourself, (b) you have clearly explained in your response that you are making a statement on behalf of the business (including your affiliation with the business), (c) your response is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about your business, and (d) your response does not otherwise attempt to promote your business or serve any commercial purposes, as determined in MyMonaLisadoc’s sole discretion.
Additionally, you may not:
Use the Service or register as a member of MyMonaLisadoc if you are under 18.
- Use the Service in any way or for any purpose that is against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction.
- Use the Service in any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “MyMonaLisadoc Parties”), or any customer of a MyMonaLisadoc Party;
- Use the Service to exploit, solicit or harm minors;
- Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
- Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
- Post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information for you or any other person;
- Provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
- Register for multiple accounts or use the account of another person;
- Impersonate or pretend to be any person other than yourself;
- Use the service to attempt to solicit business or direct website visitors to a non-MyMonaLisadoc site for commercial purposes;
- You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Service;
- Post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
- Attempt to interfere with or disrupt the Service or any person’s ability to use the Service; or
- Use the Service for any purposes for which the Service is not intended.
We may tell you about certain specific harmful or additional prohibited uses in community guidelines, a code of conduct or other notice available through the Service. We have, however, no duty to do so. You agree to abide by any community guidelines, codes of conduct or other notices we provide. Without limiting the foregoing, you agree to abide by the MyMonaLisadoc.com Community Guidelines. Any use of the Service other than as specifically authorized herein, without the prior written permission of MyMonaLisadoc, is strictly prohibited.
In addition, MyMonaLisadoc is not obligated to enforce these Terms against another user, health care professional or other third-party on your behalf. If you believe another user, health care professional or other third-party has violated these Terms, then please contact MyMonaLisadoc by using our dispute resolution form. MyMonaLisadoc reserves the right to investigate the matter and take whatever action MyMonaLisadoc deems appropriate in its sole discretion.
4. Your Service Account; Email Consent.
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Service or your Service Account. You agree to provide MyMonaLisadoc accurate, current and complete information about yourself as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. MyMonaLisadoc reserves the right to refuse the Service to anyone, including terminating your Service Account and/or preventing you from accessing the Service or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Site or Service, you consent to receive emails from MyMonaLisadoc, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site. You may change such preferences by changing your account settings on the email and notifications page of the My Account section of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from MyMonaLisadoc.
5. Materials You Post or Provide; Communications Monitoring.
We do not claim ownership of such Submissions you post or submit.With the exception of any information you directly submit through a health care professional’s profile or inquiry form, by posting or otherwise providing your Submission, you are expressly granting MyMonaLisadoc a nonexclusive, irrevocable, world-wide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Service and MyMonaLisadoc’s business, including without limitation promoting and redistributing part or all of the Service or MyMonaLisadoc’s business, in any media formats and through any media channels now known or hereafter developed. You also grant MyMonaLisadoc permission to publish your name in connection with your Submission and to use your name, likeness and voice in connection with your Submission. In addition, by uploading Submissions to the MyMonaLisadoc website, you hereby waive any rights of privacy or publicity. You also grant MyMonaLisadoc the permission to grant any of the above rights to other persons or entities, including for the purpose of promoting the Service or MyMonaLisadoc’s business.
MyMonaLisadoc will not pay you for your Submission. MyMonaLisadoc may, in its sole discretion, refuse, or remove part or all of your Submissions from the Service at any time if MyMonaLisadoc considers the Submissions to be illegal, offensive, harassing, infringing, in appropriate or otherwise violates these Terms or MyMonaLisadoc’s Community Guidelines. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section. We do not monitor user Submissions or disclose information about your Submissions to third parties. However, we may monitor your Submissions on or through the Service and may disclose information about you, including the contents of such Submissions, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other MyMonaLisadoc guidelines or policies; or (3) protect the rights, property, or interests of MyMonaLisadoc, its employees, its customers, or the public.
6. Reviews or Content Posted by Others.
MyMonaLisadoc does not have any responsibility, including editorial control, of any content posted by other MyMonaLisadoc users, health care professionals or other third party content providers on the Site. The statements or content posted by MyMonaLisadoc users, health care professional or other third party content providers on the Site are those of the users, health care professional or other third party content providers and are not the opinion of MyMonaLisadoc. MyMonaLisadoc does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the MyMonaLisadoc users, health care professional or other third party content providers on the Site. The MyMonaLisadoc users, health care professionals and other third party content providers are solely responsible for the content posted by them respectively.
MyMonaLisadoc does not endorse or recommend any specific Content, procedures, products, opinions, health care professionals (including, but not limited to, doctors and dentists) or any other material or information available on the Site or through the Service. In addition, the health care professionals and specialists featured on the Site are not employees or independent contractors of MyMonaLisadoc.
There may be medical related or health related materials posted by MyMonaLisadoc users, health care professionals or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.
7. Copyright Policy.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MyMonaLisadoc, Inc. at copyrightagent@MyMonaLisadoc.com or Copyright Agent, MyMonaLisadoc, P.O. Box 177 Alpharetta, GA 30009. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit MyMonaLisadoc to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, MyMonaLisadoc will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
8. Photograph/Video Policy.
9. Performance and Usage Information.
We may automatically upload performance and usage data for evaluating the Service, the Site and the software associated with the Service and the Site. This data will not personally identify you.
10. Links to Other Websites.
11. WE DISCLAIM ALL WARRANTIES.
We provide the Service “as-is,” “with all faults” and “as available.” The MyMonaLisadoc Parties disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. IN ADDITION, IN NO EVENT SHALL MyMonaLisadoc BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES posted ON the site or available through the service.
12. MyMonaLisadoc’S INTELLECTUAL PROPERTY RIGHTS.
MyMonaLisadoc grants you a limited, personal, recovable, nonassignable and nonexclusive license to use the Site and Service. MyMonaLisadoc owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site and Service (“MyMonaLisadoc Content”), excluding your content. MyMonaLisadoc owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the MyMonaLisadoc Content and the Service which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of MyMonaLisadoc’s Content in whole or in part, or MyMonaLisadoc’s website except as expressly authorized in writing by MyMonaLisadoc. In addition, MyMonaLisadoc does not grant any express or implied rights, and all rights in and to MyMonaLisadoc’s website, the Service and MyMonaLisadoc’s Content, are retained by MyMonaLisadoc.
13. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MyMonaLisadoc PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF ANY OF THE MyMonaLisadoc PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS CONTRACT, THE AGGREGATE LIABILITY OF THE MyMonaLisadoc PARTIES TO YOU IN CONNECTION WITH THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT ON THE SERVICE) AND THIS CONTRACT WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO MyMonaLisadoc FOR THE SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
14. Changes to the Service; Updates; Cancellation of Service.
We may change the Service, the Site or delete features at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Service or Site, but we may provide these in our discretion. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Service at any time, with or without cause, upon notice to us as specified in the customer support or ” contact us” area for the Service. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. In addition, if you stop the Service or terminate your Service account, MyMonaLisadoc may continue to show some or all of your Submissions.
MyMonaLisadoc controls and operates the Site and the Service from the United States of America and MyMonaLisadoc makes no representation that the Content, Site or Service is appropriate, available or may be downloaded for use outside the United States of America. You are responsible for complying with all of your local laws. These Terms, the Site and the Service are governed by United States federal law and the laws of the State of Georgia, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Service or the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia and you waive all defenses of lack of personal jurisdiction and forum non conveniences with respect to venue and jurisdiction in the state and federal courts of Fulton County, Georgia.
You agree to indemnify and hold harmless the MyMonaLisadoc Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.
17. Claim Must Be Filed Within One Year; Arbitration.
Any dispute, claim or controversy arising out of or relating to these Terms, MyMonaLisadoc, the Site or the Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in Fulton County, Georgia before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the party’s shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
18. Your Notices to Us.
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the contactus@MyMonaLisadoc.com or ” feedback” area for the Service.
19. Our Notices to You; Consent Regarding Electronic Information.
This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to a MyMonaLisadoc web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a MyMonaLisadoc web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
These Terms constitute the entire agreement between you and MyMonaLisadoc regarding the use of the Service or the Site, and supersedes any prior agreements between you and MyMonaLisadoc relating to your use of the Service or Site. The failure of MyMonaLisadoc to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
21. MyMonaLisadoc App Terms.
MyMonaLisadoc grants you the right to use the MyMonaLisadoc App for your personal use only. You must comply with all applicable laws and third party terms when using the App (e.g., your wireless data service agreement or Apple terms). The MyMonaLisadoc App may not contain the same functionality as is available on MyMonaLisadoc.com.
MyMonaLisadoc retains and owns all right, title and interest in and to the MyMonaLisadoc App, including, but not limited, to all rights under copyright, trademark, trade secret, patent and any other proprietary rights. You agree not to modify, adapt, translate, reverse engineer, create derivative works from, decompile, disassemble or otherwise remove any intellectual property notices from the MyMonaLisadoc App.
These App Terms are between you and MyMonaLisadoc and not Apple. Apple is not responsible for the App or any content associated with the App. Apple is not responsible for addressing any claims made by you regarding the MyMonaLisadoc App or providing any maintenance or support services for the MyMonaLisadoc App.