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Terms & Conditions | Behind The Knife

Terms & Conditions | Behind The Knife

Terms & Conditions by Behind The Knife

Effective Date: July, 2021

Disclaimer

Content produced by Behind the Knife is purely for educational purposes. We do not diagnose, treat, or offer patient-specific advice. Under no circumstances shall Behind the Knife, including its contributors, employees, or associates, be held responsible for damages arising from the use of Behind the Knife content. By engaging with content from Behind the Knife, you are agreeing to these terms.

Behind The Knife’s role

Scope of terms

By visiting or accessing this website, you agree to be bound by our: Terms and Conditions and Privacy Policy, pertaining to your use of any content provided, accessed or distributed (“Content”).

Behind The Knife as service provider

This website may contain links to third party providers and to Content that is uploaded by organizations, including videos, images, descriptions, links and other Content. Behind The Knife is not responsible or liable to these third party sites, and you should review any terms of use when entering those sites or viewing their Content.

Interacting with Behind The Knife sites and platforms

Behind The Knife accounts

In some areas of Behind The Knife Sites, you may be asked to create an account, access information and or upload data to help use the Behind The Knife Site or application. If you create an account, you are required to provide complete and accurate information. If you have created an account and do not wish to access Behind The Knife Content, you may follow the user instructions applicable for that Behind The Knife Site or platform and/or ask us to manually deactivate your account. In case you have created a password, you should keep this confidential at all times. All Behind The Knife Sites must be used based on our guidelines and policies, and if Behind The Knife determines in its sole discretion that you are not using Behind The Knife Sites in the way it was intended, we have the right to deactivate your account at any time.

Posting content

You represent and warrant that any material you post to Behind The Knife Sites, does not infringe another party’s intellectual property rights or any applicable national or local law that may apply regarding the posting of material. You also agree that any Content you post will not infringe on any third party right — including copyright, trademark, patent, right of publicity or other intellectual property right, and will not slander, defame, libel or invade the right of privacy or publicity of any other person. If you submit any Content to Behind The Knife Sites (translations, questions, comments or otherwise) you understand and agree that it may be used by Behind The Knife for any reason throughout the world without requirement or consent, and that Behind The Knife may edit your Content as long as the meaning is preserved. You agree that you provide a license for Behind The Knife to use your Content worldwide, non-exclusive, royalty free and perpetual, non-revocable license for Behind The Knife to use in whatever way Behind The Knife deems appropriate throughout the world in whole or in part, in any media platforms available now or developed in the future.

Copyright issues and licenses

DMCA notice

While Behind The Knife strives to ensure all ideas posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when Content is provided by other parties, and/or may include material that infringes on the copyright of another third party. If this happens, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on any Behind The Knife Site infringes their rights under U.S. copyright law. If you believe in good faith that Content on Behind The Knife Sites infringes your copyright, you (or your agent) may send Behind The Knife a notice requesting the material be removed or access to it blocked.

The notice must include the following information:

  • your name, mailing address, telephone number and email address
  • sufficient detail identifying the copyrighted work alleged to have been infringed
  • identification of the material that you claim to be infringing and information reasonably sufficient to allow Behind The Knife to locate the material on the site
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; such as, “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”
  • a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; such as, “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • an electronic or physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.

All claims of copyright infringement should be emailed to btkpodcast@gmail.com.

License to Behind The Knife content

Behind The Knife recordings are owned by Behind The Knife, provided on its website and any other site that we manage or license to. Unless otherwise indicated on the website, audio and video files, transcripts and/or information about a speaker are licensed via Creative Commons license (CC BY — NC — ND 4.0 International), which means that certain Behind The Knife Content may be used for personal and/or educational purposes as long as the license terms and Behind The Knife Talks’ Usage Policy are followed. Except as provided in the Usage Policy, you agree not to distribute any Behind The Knife Content without Behind The Knife’s prior written authorization, unless Behind The Knife makes available the means for such distribution through functionality offered.

License to third party content

Behind The Knife displays certain Content via the YouTube embedded player on Behind The Knife’s platforms. Any Content that is provided by YouTube is subject to their terms of use and license requirements. Please review their terms of use that apply for license and usage terms. If third party Content contains Behind The Knife-owned intellectual property, you are not permitted to publish, display, distribute or use these marks for any purposes without prior written authorization.

Podcasts

Any MP3, MP4 audio files and XML files that are developed by Behind The Knife or co-produced by Behind The Knife as a podcast. All rights to podcast(s) are as defined by the hosting provider, Behind The Knife and/or the applicable terms through a subscription, or via a third party hosting provider. However in all instances Behind The Knife podcasts are available for personal, noncommercial use only.

Unless otherwise indicated, you may only use the podcast for personal, noncommercial purposes, provided that:

  • you do not modify or delete any of the podcast Content nor individual audio files
  • you do not redistribute the audio files made available as part of the podcast
  • the use or display does not suggest that Behind The Knife promotes or endorses any third party causes, ideas, products or services
  • audio files made available for download are not to be reproduced, edited, re-transmitted, or in any way repurposed without prior consent from Behind The Knife.

Behind The Knife reserves the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.

Legal risk and responsibilities

No warranties

Content produced by Behind the Knife is purely for educational purposes. We do not diagnose, treat, or offer patient-specific advice. All Content is made available AS IS and Behind The Knife does not offer any warranty of any kind, or represent that the Content will be accurate, complete, or error-free. Behind The Knife is not liable for the usage of, implementation of, impact from, or communication of the ideas presented in any Content.

Release and indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BEHIND THE KNIFE ARISING FROM CONNECTION WITH YOUR USE OF BEHIND THE KNIFE SITES AND SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BEHIND THE KNIFE, ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO BEHIND THE KNIFE SITES; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; AND (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.

Limitation of liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BEHIND THE KNIFE OR ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE BEHIND THE KNIFE CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

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Disclaimer: Content produced by Behind the Knife is purely for educational purposes. We do not diagnose, treat, or offer patient-specific advice.

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