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Subu Medicine LLC Terms and Conditions

This Terms of Service (“TOS”) is a legally binding agreement made by and between Subu Medicine LLC and its affiliates, parent, divisions (“Subash Acharya Education Service”, “we,” “us,” and “our”), and you, personally and, if applicable, on behalf of the anyone for whom you are using this web site (hereafter also addressed as, “you”, “your”, “yours”). This TOS governs your access to and use of  https://www.subumedicine.com (the “Web Site”), and the services offered by Subu Medicine (collectively, the “Services”), so please read the following carefully.

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BY ACCESSING OR USING ANY PART OF THE WEBSITE YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TOS. IN CASE YOU DO NOT AGREE TO BE BOUND BY THE TOS AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

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Using the Web Site

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  1. Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law.                                                                                                                                                                                                                         

  2. Access to the Subu Medicine videos is for your viewing only. You are allowed to store a copy for your own usage. You agree to not distribute Subu Medicine videos or any content accessed via the Services or Web Site to anyone who does not have a legally binding contract with Subu Medicine to use such content.                                                                                                                                      

  3. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the Web Site, and all applicable laws, regulations, and rules when you use the Website.                                                                                                                         

  4. License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the WebSite in the normal course of your use of the Web Site. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. Subu Medicine will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, then as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.                                                                                                                             

  5. Unauthorized reproduction of the Subu Medicine content is forbidden, even if it is without monetary gains.

 Services Offered by Subu Medicine, Utilization of Content. 

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  1. Subu Medicine provides an internet platform on which educational content covering various topic categories in the form of videos, screencasts, and documents or in other forms (“educational content”) is offered and can be accessed.                                        

  2. The services and educational content offered by Subu Medicine are provided partly free of charge and partly require payment. Offers requiring payment are always clearly indicated.                                                                                                                           

  3. The content offered on Subu Medicine, regardless of whether it is user content or educational content, is only to be used by registered users for their own purpose according to the contractual agreements, meaning online on Subu Medicine by other Subu Medicine provided mediums. A download by the user outside of the ways provided by Subu Medicine is illegal, no matter for what purpose. If the content is available for download, the download is only allowed consistent with the communicated terms and conditions (e.g. payment) and is not allowed to be copied, used beyond the scope of the terms, or assigned to third parties. The right to download does not imply a transfer or concession of intellectual property rights; all rights not expressly granted to the user remain reserved by Subu Medicine. Content available for download is always marked as such.                                                                                                                                                                          

  4. To use the services offered by Subu Medicine you have to fulfill certain technical requirements that are not part of the services offered by Subu Medicine (in particular you need to have a computer with internet access and software that is required for the use of our services (e.g. internet browser, Flash plugins, etc.                                                                                                                                            

Charges and Payment

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  1. Billing. You shall provide Subu Medicine LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Subu Medicine may change the price for the Paid Subscriptions, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Subu Medicine Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.                                                                                                                                                                                                      

  2. Renewal; Cancellation. Unless your Paid Subscription has been purchased, your payment to Subu Medicine or the third party through which you received the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Subu Medicine, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party.
                                                                                                                                                 

  3. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial monthly Paid Subscription periods. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by Subu Medicine LLC on a case-by-case basis and granted at the sole discretion of the Company.                                                                                                                                                                                                                     

  4. Subu Medicine reserves the right to cancel or postpone any course due to unforeseen circumstances. Subu Medicine is not responsible for any related costs, charges or expenses to participants, including fees assessed by the airline, travel, or lodging agencies.                                                                                                                                                                                                     

Your Content

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By posting, storing, or transmitting any content on or to the Web Site, including by submitting user-created content to or within the Website or Services, you accept that you will, and you hereby, automatically grant Subu Medicine, or represent and warrant that the owner or authorized licensor of such content has expressly granted Subu Medicine, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant, the licensor of user-created content submitted to Subu Medicine retains any and all rights which may exist in such user-created content. You understand that submitting your user-created content is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.                                                                                                                                                                     

Our Content

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  1. All materials provided by Subu Medicine on the Web Site and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement, and organization thereof (“Subu Medicine Content”) are owned by Subu Medicine, its licensors or other entities. The unauthorized use of such materials is strictly prohibited. © 2021 Subu Medicine LLC. All Rights Reserved. Subu Medicine Content is available for download to members on our monthly or annual membership plans, subject to limitations specified by Subu Medicine in our sole discretion. Subu Medicine Content is not available for download for Lifetime Access (defined below) users.                                                                                                                                                           

  2. We may make available content submitted by other teachers, educators, or professionals (“Third-Party Content”). Third-Party Content may be accessible to our members who are on a monthly or yearly recurring payment plan for an additional fee, to be specified by Subu Medicine at our sole discretion.                                                                                                                                    

  3. If there are other websites and resources linked to on the Services or in any Third Party Content, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services or Third Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.                                                                                                                                                       

  4. You may not use Content for any purpose other than your personal, non-commercial educational purposes. “Content” includes Subu Medicine Content and Third Party Content.                                                                                                                                          

  5. You may not, under any circumstances, (a) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit any Content or the Services, except as expressly authorized by Subu Medicine; or (b) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of any Content the Services or on any videos, materials, or other Content downloaded or copied from the Services.                                                                                                                                                                                

User Obligations

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  1. You are obliged to keep your access details (username, password) secret and not to enable access to your account through third parties. Your user account cannot be transferred to third parties. Specifically, it is expressly forbidden to give third parties access to your user account and the services of Subu Medicine to avoid potential fee payments. You are obliged to inform Subu Medicine immediately if there is any indication of the abuse of your user account or when you receive the information that a third party has gained access to your account details without authority.

  2. You are obliged, when using Subu Medicine, to abide by the law and statutory provisions. Especially you are not allowed to publish or make accessible any content, material, or information on Subu Medicine that breaches legal regulations and/or these terms and conditions. Especially the duplication, publishing, and distribution (including via radio, TV, or the internet) of Subu Medicine content (videos, downloads, other provided material), no matter in what form, is expressly forbidden. No copyright of any kind is transferred to you.

  3. You are not allowed, no matter in what way, to misuse the services. Misuse is present for example in the following cases:

  1. Use that goes beyond the personal purposes specified in the contract, especially use that requires the granting, transfer, or exercise of copyrights;

  2. Publication or distribution of pornographic, obscene, sexist, defamatory, slanderous, insulting, threatening, seditious, or racist content, information, software, or other material;

  3. Any kind of advertising for products or services, including the use of data for dissemination of advertising, as long as Subu Medicine has not explicitly given its written consent in advance;

  4. Commercial use of the services offered by Subu Medicine, without Subu Medicine having given consent for commercial use in advance (e.g. indication of value-adding service numbers or hyperlinks for internet offers requiring payment);

  5. Engaging in any activity that affects or could affect the functionality of services offered by Subu Medicine (for example through the use of “robot”, “spider” or “offline reader” software to create automatic user requests via the internet; e-mail bombing; denial of service attacks; incorporation of harmful components like viruses, worms, Trojan horses, etc.);

  6. Modification or distribution of elements of the offering, including elements by other users, that have not explicitly been made available to the user;

  7. Each use of the user feedback system goes against the purpose of the feedback system. This especially implies the release of untrue or unjustified ratings, which e.g. are in no relation to the use and quality of the offered content or the service as such;

  8. Publication of contributions and information with deceptive and/or untruthful content.

International Use.

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The Website and Services are controlled and operated from facilities in the United States. Subu Medicine Corp makes no representations that the Website and Services are appropriate or available for use in other locations. You are responsible for compliance with local law, including but not limited to export and import regulations.

Termination

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  1. We reserve the right to terminate your access to Subu Medicine content in case you breach this contract. For example, we may suspend or restrict access to the Services for any user whom we suspect is exporting and/or commercializing Subu Medicine content, at our sole discretion. We may also cancel your account and membership if we suspect you are using Subu Medicine content for educational purposes that are not personal to you, such as showing Subu Medicine content in a classroom or sharing it with others.

  2. Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Subu Medicine will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.                                                                                                                                                                                                          

No Warranties

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  1. Subu Medicine PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Subu Medicine does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Subu Medicine.

  2. Other than as required under consumer protection law, under no circumstance will Subu Medicine be liable for any loss or damage caused by a user’s reliance on information obtained through the site. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content.

  3. Subu Medicine will use reasonable efforts to keep its site online at all times. The user understands, however, that scheduled maintenance and problems out of the control of Subu Medicine can cause the site to be temporarily unavailable. We offer some video lectures absolutely FREE for promotional purposes on YouTube. We cannot be held responsible for any purchase of sample videos made by you or anyone anywhere in the world as it is available absolutely free of cost for community benefit at www.youtube.com/c/SubuMedicine                                                                                                                           

Limitation of Liability

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Subu Medicine specifically disclaims any liability (whether based on contract, tort, strict liability, or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, this agreement, and our services, even if Subu Medicine has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user’s computer equipment. Subu Medicine's maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed your subscription fee.                                      

Confidentiality of User Communications

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Except as required by law, Subu Medicine will maintain the confidentiality of all user communications, which contain personal user information and which are transmitted directly to Subu Medicine. Postings by a user on any public arena, such as a message board or in any chat room, will not be protected as confidential, and Subu Medicine may use and disclose the information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by Subu Medicine.                                                                                                                   

Changes to the Terms and Conditions

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  1. Subu Medicine reserves the right to make subsequent changes to these terms and conditions, as long as this seems necessary and as long as this does not cause you significant and insufferable disadvantages that are contrary to the principle of good faith and trust.

  2. You will be notified in written form or electronically with a minimum of 2 weeks’ notice about any changes or additions to the terms and conditions. The changes or additions will become an effective part of the contract if you do not object within one week of the announcement and/or if you continue using any of our services that require registration after such time. If the user should object to the modifications, either party shall have the right to terminate the contract in accordance with the provisions for termination valid before the modifications. When announcing the modifications, Subu Medicine shall explicitly notify the user about his right to object and the consequences thereof.                                                                                                   

Jurisdiction

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  1. You expressly agree that exclusive jurisdiction for any dispute with Subu Medicine, or in any way relating to your use of the Services and/or the Content, resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any such dispute including any claim involving Subu Medicine or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

  2. These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices For Reporting and Making Claims of Copyright Infringement

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  1. This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

  2. Subu Medicine will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Subu Medicine’s copyright agent with the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed upon.

  • A description of where the material that you claim is infringing is located on the Services.

  • Your address, telephone number, and email address.

  • 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.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for these Websites: support@subumedicine.com

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Your Privacy Rights

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All information We collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy.                                                                                   

Complete Agreement and Amendments

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  1. Except as expressly provided in a particular “legal notice” on the Services, these Terms of Use constitute the entire agreement between you and Subu Medicine with respect to the use of the Services and Content.

  2. Subu Medicine, in its sole discretion, reserves the right to update, revise, supplement, and otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

Contact Us

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Thank you for your cooperation. We hope you find our Services helpful and convenient to use. Questions or comments regarding these Services should be directed to the email: support@subumedicine.com

 

Last modified May 2022

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