Welcome to the website here at http://drkat.wpengine.com. We hope to provide with you an engaging experience where you can join an amazing community, view and share content, and submit your own great content.
The purpose of this Website is for entertainment only. Please consult a local medical or psychology professional regarding any issues that may affect your health and well-being. drkat.com is not an emergency or instant response service. If you are in an urgent situation, please call 911.
This Agreement includes the policy for acceptable use of User Content (as defined in Section 6.1 below) and your rights, obligations and restrictions regarding your use of the content posted on or through the website.
The Owner of this website may modify this Agreement from time to time and such modification shall be effective upon posting by on the Website. Your continued use of the Website after the owner posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you upload or link to on this Website and that you provide to other Users. Your posts may not include any form of Prohibited User Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and the owner assumes no responsibility or liability for this material. If you become aware of misuse of the Website by any person, please send an e-mail with “Report Abuse” as the subject line and a description in of the abuse in the e-mail.
The website Owner reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Owner expressly reserves the right to remove your posts, restrict, suspend, or terminate your access to all or any part of the Website if the owner determines, in its sole discretion, that you have violated this Agreement or pose a threat to the website Owner and/or its Users.
1. The following terms specifically apply to your use of the Website. The past, present and future content on Website, including, without limitation, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Website (collectively, “Website Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of the Owner its parent, subsidiaries, affiliates, or its licensors.
2.1 You understand that when using the Website you will be exposed to Submissions from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Owner of the Website, and each of their respective affiliates or related entities with respect thereto, and agree to indemnify and hold its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
2.2 Portions of the Website may provide you and other Users an opportunity to submit, post, display, transmit and/or exchange Submissions. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, trade secret, copyright, image, right of publicity or other proprietary rights in and to any and all Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. Submissions do not reflect the views of the Website or it’s Owners. In no event shall any Submission be deemed to have been received or read by the Owner, unless such Submission is also a Casting Submissions and no fiduciary relationship or implied in fact contract shall be deemed to have been formed. The Owner does not monitor, endorse, edit or screen any Submissions, although the Owner reserves the right to do so, nor shall we be liable for any User Submissions that are in violation of this Agreement. In no event shall the Website be construed to have any responsibility or liability for, or in connection with any Submission whatsoever.
2.3 Our comments, suggestions and information are important to us. If a Comment originates from you or your account, you hereby agree that: (a) you are placing the Comment in the Public Domain without reservation of any rights or further control over the Comment or its use and you specifically authorize the Website and Us, and our affiliates, licensees, and assigns to use such User Comments in whole or in part, throughout the universe, in perpetuity in or on any and all media now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Comment is original to you or fully cleared for use as contemplated herein, (ii) the Comment does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Comment does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Comment is not obscene or in any other manner unlawful, (v) the Comment shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Comment; and (c) we have the right to delete, re-format and/or change your Comment in any manner that we may determine (although you will not be responsible for any such changes made).
2.4 By submitting or uploading a video to the Website the User who submitted or uploaded the video (“Video Creator”) hereby grants other Users the right to post User Comments containing the intellectual property contained in Video Creator’s User Video. The Video Creator’s intellectual property contained in the User Comments DOES NOT enter the Public Domain. Only those parts of the User Comment that originate from you enter the Public Domain.
2.5 By uploading or submitting a User Video to the Website, Video Creator (a) represents and warrants that (i) the video is original to you or fully cleared for use as contemplated herein, (ii) the video does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the video does not contain libelous, tortiuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the video is not obscene or in any other manner unlawful, (v) the video shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the video; and (c) we have the right to remove your video from the Website for any reason.
2.6 When a Video Creator submits or uploads a video to the Website, the Video Creator hereby grants the Website and Us, our heirs and assigns a worldwide, royalty-free, non-exclusive, gratis, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Video in connection with the Website and Our (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, worldwide, in perpetuity.
4. User Content.
4.1. We do not claim any ownership rights to the comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content or material (collectively, “User Content”) that you upload or link to your User account using the Website. After uploading or linking your User Content to your User account using the Website, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By uploading or linking any User Content to your User account using the Website, you hereby grant to Us an unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the Website as well as separate and apart from the Website, in any and all media, now known or hereafter devised, in perpetuity.
4.2. The license you grant to Us is non-exclusive. After uploading or linking User Content to your User account using the Website you continue to retain ownership of your User Content, and you continue to have the right to use and license your User Content in any way you choose. The User Content that you upload or link to your User account using the Website needs to comply with the terms of this Agreement. At any point, you can remove your User Content and cancel your User account and the owner does not retain any license rights except as provided below.
4.3. You are solely responsible for the User Content that you upload or link to your User account through the Website, and any material or information that you transmit to other Users and for your interactions with other Users. Furthermore, you represent and warrant that: (i) you own the User Content uploaded or linked to your User account through the Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the uploading or linking of your User Content to your User account through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content uploaded or linked to the Website.
4.4. You hereby grant Us, during the course of your usage of the Website, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display your User Content (a) for the sole purpose of operating and making your User Content available through the Website and in all current and future media in which the Owner may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding your User Content on an aggregated and anonymous basis for advertising, marketing and business development purposes. If you wish to grant other Users or the general public additional licenses to your User Content, please include the license terms with your User Content. Without limiting the foregoing, We reserve the right to retain copies of User Content for archival or legal purposes after termination of the Agreement.
4.5. The Owner may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of any of Us violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the inappropriate User Content or conduct. If at any time We choose, in our discretion, to monitor the Website, We nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
4.6. You hereby agree that if your User Content is removed from the Website due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such User Content contains illegal images, We shall have the right to use, reproduce and exploit your User 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 Us, any individual, or the general public.
4.7. User Content Prohibited. The following are examples of the kind of User Content that is illegal or prohibited to upload or link to your User account. We reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this provision, including without limitation, removing the offending User Content from the Website and terminating the use of such violators. Prohibited User Content includes, but is not limited to, User Content that, in our discretion:
4.8. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.9. inserts material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Website or applications, services, or websites connected to the Website, or disobeys any requirements, procedures, policies or regulations of applications, services, or websites connected to the Website;
4.10. exploits people in a sexual or violent manner;
4.11. contains nudity, excessive violence, or offensive subject matter or contains a link to an unapproved adult website;
4.12. solicits personal information from anyone under 18;
4.13. publicly posts information that poses or creates a privacy or security risk to any person;
4.14. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.15. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
4.16. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
4.17. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
4.18. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
4.19. solicits or collects personal data including telephone numbers, addresses, last names, email addresses, passwords or personal identifying information from other Users;
4.20. involves commercial activities and/or sales without prior written consent from Us such as contests, sweepstakes, barter, advertising, or pyramid schemes;
4.21. includes a photograph or video of another person that you have posted without that person’s consent;
4.22. impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.23. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
4.24. intentionally or unintentionally stalks, abuses, sexually exploits, violently exploits, acts violently toward or harasses the Owner or another User; or
4.25. knowingly communicates with any User under the age of 18 or communicates in an inappropriate manner with a User under 18 years of age.
5. Prohibited Activity. The following are examples of the kind of activity that is illegal or prohibited through your use of the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in Our discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
5.1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
5.2. advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Website. You may not transmit any chain letters or junk email to other Users. In order to protect our Users from such advertising or solicitation, We reserve the right to restrict the number of communications which a User may send to other Users in any 24-hour period to a number which We deem appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Website, you acknowledge that you will have caused substantial harm to Us, but that the amount of such harm would be extremely difficult to ascertain.
5.3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
5.4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
5.5. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
5.6. interfering with, disrupting, or creating an undue burden on the Website/Owner or the applications, services.
5.7. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
5.8. selling or otherwise transferring your profile;
5.9. using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
5.10. using the Website in a manner inconsistent with any and all applicable laws and regulations.
6. Limitation on Liability. IN NO EVENT SHALL THE OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE OWNER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE OWNER FOR THE WEBSITE DURING THE TERM OF USE.
7. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its choice of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located within the State of California, County of Los Angeles to resolve any dispute arising out of the Agreement or the WEBSITE. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
8. Injunctive Relief. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Our intellectual property rights in the User Content or otherwise, or may cause continuing or irreparable harm to us (including, but not limited to, any breach that may impact Our intellectual property rights), we may seek injunctive relief, or any appropriate relief, without posting a bond.
9. Indemnity. You agree to indemnify and hold Us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Website.
10. Other. This Agreement is accepted upon your use of Website and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and the Owner regarding the use of Website. The failure of Us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. drkat.com is a trademark of Dr. Kathleen Van Kirk and DRKAT, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
11. Protecting Copyrights and Other Intellectual Property. We respect the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate the use by infringers. If you believe your work has been copied and posted on or through Website in a way that constitutes copyright infringement, please send the Owner a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on Website (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. The Owner’s Copyright Agent for notification of claimed infringement can be reached electronically by emailing firstname.lastname@example.org, subject “Copyright.”