Effective Date: 10.01.2011.
Thank you for using CroMedicor! CroMedicor helps you to find information about your perfect vacation and provides information about health and medical treatments posted by other CroMedicor Members. CroMedicor platform allows its CroMedicor members to post their content on the platform as medical institutions, treatments, doctor, accommodation, transport services and other life content!
By registering with, creating your user account on CroMedicor, CroMedicor you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the CroMedicor at any time.
The CroMedicor is not directed to children younger than 14 and is offered only to users 14 years of age or older. If you are under 14 years old, please do not use the CroMedicor. Any person who provides their personal information through the CroMedicor represents to us that they are 14 years of age or older.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating content on CroMedicor as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
"Users" are all end users of the CroMedicor, and include you, any unregistered users, all CroMedicor Members
“CroMedicor ID” is Your CroMedicor Id and consists of your username and password.
„CroMedicor Members" are Users who have completed a registration process on CroMedicor and have a valid CroMedicor ID.
"CroMedicor Member Data" is data collected from Users by CroMedicor, including the data collected for the CroMedicor Member registration process and any data provided in Your CroMedicor Profile (as defined below).
"CroMedicor Member Profile" further referred as “Your Profile” or “Profile” refers to contact data and other business, company data about you and your company that enables you to be liable for Premium services.
"Content" means (i) any work of authorship on CroMedicor, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags, documents and other content added to or submitted to CroMedicor by Users; or (ii) other materials posted on or transmitted through CroMedicor.
"Your Content" is any Content that you submit to and create on the CroMedicor.
“Your Content Pages” is a web page or web pages on CroMedicor that is created by you, a CroMedicor Member and on which you have placed your content. Content pages categories that you can create on CroMedicor are medical institution, treatment, doctor, accommodation, transport, life.
"Embeddable Widget" means any embeddable application provided and hosted by CroMedicor that allows for the viewing or playing of audio, photos, video, text and other material on third party websites.
"CroMedicor Member Services" are the services provided by CroMedicor to CroMedicor Members. CroMedicor Member Services include, but aren't limited to: CroMedicor Member registration, CroMedicor Member sign in and authentication, possibility to place comments and grade Content Pages, receiving news, info and also tutorials on using CroMedicor platform. These services are free of charge.
"Premium Services" are services provided by CroMedicor to CroMedicor Members who have created their Member Profile. These services include creating and publishing of Your Content Pages, using CroMedicor booking system for Your Content and/or Your Content Pages, using of other advanced marketing options (advertisements, banners) of CroMedicor. Some CroMedicor Premium services are free of charge and some CroMedicor Premium services are provided for a fee which is defined in “Premium services usage” and in CroMedicor pricelist.
"Third Party Software" means software that is licensed to you by third parties, including software that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.
YOUR CONTENT, YOUR CONTENT PAGES AND LICENSES TO YOUR CONTENT AND YOUR CONTENT PAGES
CroMedicor does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to CroMedicor needs to comply with the terms of this Agreement. At any point, you can take Your Content from CroMedicor and cancel your account and CroMedicor does not retain any license rights except as provided below.
You hereby grant CroMedicor, during the course of your usage of the CroMedicor, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicense able and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the CroMedicor and in all current and future media in which the CroMedicor may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, CroMedicor reserves the right to retain copies of Content for archival purposes after termination of the Agreement.
You hereby agree that if Your Content is removed from the CroMedicor due to a violation of these Terms, or because such Content contains illegal images, CroMedicor shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of CroMedicor, any individual, or the general public.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, CroMedicor does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on the CroMedicor may continue to appear on the CroMedicor, even after you have terminated your CroMedicor account, your Premium Services or terminated these Terms of Service, as portions of Your Content may have been incorporated into, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that CroMedicor, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names, texts, description and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the CroMedicor, and any products, goods, features, capabilities and/or services associated with the CroMedicor.
As a CroMedicor Member you acknowledge that CroMedicor and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through the CroMedicor in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
We encourage you to be sure you are comfortable with this possibility before contributing, creating and publishing Your Content to CroMedicor. You should be aware that CroMedicor is not required and may not keep back-up copies of Content (including Your Content) on the CroMedicor once the Content is deleted. Additionally, CroMedicor makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the CroMedicor and you should independently back-up Your Content.
CroMedicor can from no reason in any time and without informing you delete any of Your Content or Your Content Pages and terminate your Premium Services and CroMedicor Membership if they aren’t in concordance with this Agreement.
PREMIUM SERVICES USAGE
CroMedicor members are able to use Premium services. Every CroMedicor member can use Premium services if he has fulfilled CroMedicor Profile. Fulfilling Your Profile you knowingly provide to the knowledge, you understand and agree that in this way, you accept and become Premium Services user by your own will and acknowledge and confirm that usage of Premium Services for which there is a fee can be charged by CroMedicor pricelist.
CroMedicor Premium services may be with or without fee.
FREE CroMedicor Premium Services for which no fee is charged:
CroMedicor Premium services for which a fee is charged:
You agree to monitor changes in CroMedicor price list and you'll pay CroMedicor all generated costs and charges in accordance with your usage of CroMedicor Premium services.
CREATING YOUR CONTENT PAGES
Creating Your Content Pages on CroMedicor is a Premium service for which no fee is charged and it is enabled for CroMedicor Members which have filled out their Profile and thus become a Premium Service user. After you have completed your Profile, you can continue to create your Content pages and you are able to order and to use other Premium services.
Before your Content and your Content Pages are published and visible to other members and CroMedicor users, CroMedicor will review your content and your Content Pages, and CroMedicor reserves the right and may decide not to publish your content or your Content Pages without any reason and without the noticing you if they are not suitable for publication on CroMedicor platform. CroMedicor will not be in any way responsible or liable for any of your content and your site content.
CroMedicor allows you the usage of Premium Service by allowing you to create your content pages or use other advanced marketing options that CroMedicor offers in Premium services. CroMedicor price list defines the terms of payment for each type of premium service, promotions and other discounts and other marketing possibilities. CroMedicor will issue you a bill each month for your premium services that you used on CroMedicor in the previous month and for which there is a fee. Exceptions to this rule are the payment options for all or some of Premium services with a different modality, such as annual or semiannual fees. For CroMedicor Premium services which are provided free of charge (such as services to create and publish Your Content pages) CroMedicor will not issue an invoice.
Prices in the CroMedicor Price List refer to the monthly fees for premium services. Exceptions to this rule and other premium services for which there is a one-time fee or a different mode of payment.
By accepting this Agreement You acknowledge and agree to pay all bills issued by CroMedicor, based on your use of Premium Services by the due date of each invoice.
LICENSES FROM CROMEDICOR
License to CroMedicor
During and subject to the terms and conditions of this Agreement, CroMedicor hereby grants you a limited, non-exclusive, non-sub licensable, freely revocable license to access and use the CroMedicor solely to enable your use of the CroMedicor Member Services.
License to Embeddable Widgets
During and subject to the terms and conditions of this Agreement, CroMedicor hereby grants you a limited, non-exclusive, non-sub licensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or termination of your CroMedicor Membership or from the CroMedicor by CroMedicor or you and you agree to immediately stop using such Embeddable Widget.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
CROMEDICOR TRADEMARKS AND LEGAL NOTICES
CroMedicor trademarks, logos, images, service marks, trade names and other distinctive branding features used on the CroMedicor "CroMedicor Marks" are the trademarks of CroMedicor and may not be used without permission. CroMedicor is not granting you a license under any intellectual property right to the CroMedicor Marks. Other trademarks, logos, and trade names that may appear on the CroMedicor are the property of their respective owners.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to CroMedicor that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the CroMedicor including your promotional or other activities off the CroMedicor that relate to Your Content; (b) Your Content and Your Content Pages does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (c) none of Your Content and Your Content Pages contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancel bots, or other computer programming routines that may potentially damage or interfere with the CroMedicor, or intercept or expropriate any system data or personal information from the CroMedicor.
ACCEPTABLE USE AND CONDUCT
You are solely responsible for your conduct, Your Content, Your Content Pages on the CroMedicor. We want to keep CroMedicor safe and fun for everyone and the use of the CroMedicor for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:
You will not post, publish on you Content Pages or by using CroMedicor member services or Premium services email or make available any Content to Users or use the CroMedicor:
Additionally, you agree not to:
You agree not to authorize or encourage any third party to use the CroMedicor or any of Your Content and Your Content Pages to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify CroMedicor in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
CROMEDICORS RELATIONSHIP WITH USERS
It is CroMedicor policy to respond to notices of alleged copyright infringement that comply with the law of copyright protection. CroMedicor may remove any allegedly infringing Content or Content Pages without any liability to you.
CroMedicor will promptly terminate without notice any CroMedicor Member’s access to CroMedicor, including access to any Content or Content Pages, in appropriate circumstances where the CroMedicor Member is a "repeat infringer" of copyrights. Generally, CroMedicor will consider a CroMedicor Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content or Content Page posted by that CroMedicor Member anywhere on the CroMedicor. CroMedicor, however, reserves the right to identify and terminate CroMedicor Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behaviour by that CroMedicor Member.
You need to register and create a CroMedicor ID in order to become a CroMedicor Member. Your CroMedicor Id consists of username and password. You are responsible for keeping your CroMedicor ID password secure. CroMedicor IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your CroMedicor ID. CroMedicor reserves the right to log off or deactivate CroMedicor Member accounts that are inactive for an extended period of time.
You may not use anyone else's account, CroMedicor ID at any time, without the permission of the account holder. You should never give out your password to another individual or entity. CroMedicor will not be liable for any loss that you may incur as a result of someone else using your CroMedicor ID or password, either with or without your knowledge. However, you may be held liable for losses incurred by CroMedicor or another party due to someone else using your CroMedicor ID or password. In other words, please be careful with your identity and passwords.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE CROMEDICOR, AND ALL CROMEDICOR CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE CROMEDICOR AND ALL CROMEDICOR CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CROMEDICOR AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. CROMEDICOR AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE CROMEDICOR, OR ANY CROMEDICOR CODE, THIRD PARTY SOFTWARE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CROMEDICOR OR THE SERVER THAT MAKES THE CROMEDICOR AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CROMEDICOR MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE CROMEDICOR (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CROMEDICOR IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CROMEDICOR OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE CROMEDICOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless CroMedico.com, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
CroMedico.com reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of CroMedico.com. CroMedico.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LIMITATION OF LIABILITY
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CROMEDICOR OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CROMEDICOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE CROMEDICOR.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.CroMedicor.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the CroMedicor after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. The revised version will apply to you immediately if you are a User who registers or first uses the CroMedicor on or after the posting of the revised version.
TERM AND TERMINATION
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within CroMedicor at any time and for any or no reason by following the instructions on the user data page while logged in to CroMedicor.
CroMedicor has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the CroMedicor (ii) remove and discard any Content, Your Content and Your Content Pages or anywhere on the CroMedicor with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Effects of Terminating
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Content, Your Content Pages. Your Content Pages will not have any obligation to assist you in migrating your data, Your Content, Your Content Pages to any other page. CroMedicor is not responsible for deleting Your Content or Your Content Pages on your behalf. Note that, even if Your Content or Your Content Pages is deleted from Your Content Pages active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Content or Your Content Pages), and subject to the licenses set forth in this Agreement.