doc2doc User Terms and Conditions
doc2doc is a global clinical online community website (the “Website” or “our site”) owned by the BMJ Publishing Group Limited (“BMJ” “We” or “Us”) BMJ is a private limited company incorporated in England and Wales with company registration number 3102371. Our registered offices are situated at BMA House, Tavistock Square, London, WC1H 9JR, UK. Our VAT number is GB674738491.
BMJ, when operating as a publisher, is governed by the self-regulated Press Complaints Commission. Its code of practice can be viewed by accessing the Press Complaints Commission’s website.
For your information, within these User Terms and Conditions, the term “Healthcare Professional” includes doctors, nurses, healthcare practitioners and medical students.
1. Use of this website
- Please read the following User Terms and Conditions which relate to the rules that govern your use of the Website including, without limitation, all information content within it including text images made available by us, you, and third parties.
- Please read these User Terms and Conditions carefully before you start to use the Website, we recommend that you print a copy of this for future reference.
- Use of the Website includes accessing, browsing, posting to, or registering to use the Website.
- By using our site, you confirm that you accept these User Terms and Conditions and that you agree to comply with them.
- If you do not agree to these User Terms and Conditions, you must not use the Website.
- We reserve the right to refuse access to, or registration for, the Website to anyone without providing a reason.
- We reserve the right at any time to add to, change or delete from the Website any service or functionality as may exist from time to time.
2. Changes to these terms
- We recommend that you read these User Terms and Conditions prior to using our site and thereafter regularly review any changes, and you are responsible for doing so.
- From time to time we may change these User Terms and Conditions without further notice to you. We will post revisions on the Website.
Subject to these User Terms and Conditions, the Website is open to all Healthcare Professionals from anywhere in the world but is designed primarily for doctors. Open parts of the Website can be viewed by anyone but are designed for reading by Healthcare Professionals. Access to, and use of, some sections of the Website (including certain closed forums) is conditional upon registration as a member of the doc2doc community and on you meeting certain criteria (see clause 5 below). BMJ reserves the right, at its discretion, to change any criteria from time to time. Healthcare Professionals who have been removed from the GMC register (or any other applicable governing body register) may be denied access to the parts of the Website that require registration.
5. Posting Content
- Some functionality/sections of the Website (such as closed clinical areas of the Website) are restricted and are only accessible to “Registered Users”. For instance, to post any content to the Website or post a comment, you have to be a “Registered User” of the doc2doc community - see 5.2 below.
There are three types of Website users: (i) Registered Users, (ii) Verified Registered Users; and (iii) Unregistered Users:
Verified Registered Users are Registered Users of the Website who state they are Healthcare Professionals but have also supplied BMJ with one or more of the verification details described below to confirm they are a Healthcare Professional. Verified Registered Users have the same access privileges as Registered Users save that they also have access to the restricted clinical areas of the Website (whether for viewing content, posting content, or both).
To become a Verified Registered User, a Registered User is required to provide the following verification details:
- details of registration with recognised medical regulatory bodies (e.g., GMC in the UK)
- details of workplace including job title, postal address, telephone number and website address and/or
- any other relevant information we might request in order to complete the verification process. (E.g. copies of medical qualifications)
- UK-based doctors can provide their GMC number to complete the verification process automatically during registration.
- Doctors based outside the UK, as well as UK-based doctors who don’t provide their GMC number during registration, can request to become Verified Registered Users by emailing our community manager (email@example.com) with verification details outlined above.
Unregistered Users are users of the Website who are not Registered or Verified Registered Users. Unregistered Users will have access to some content on the site but certain sections and functionality of the Website (including closed forums) will be restricted.
Unregistered Users may be able to vote in polls which may appear on the Website from time to time but are not permitted to otherwise contribute content to the Website.
- Whether you are an Unregistered User or apply to become a Registered User or a Verified Registered User, we reserve the right to ask for proof of your qualification as a Health Professional. Additionally if you have applied to become a Verified Registered User and our verification process reveals that you are not fully registered with a recognised medical regulatory body, the request to become a Verified Registered User will be denied. In the event that your registration with a relevant medical regulatory body for doctors is subsequently revoked, your rights to continue to access and use the Website as a Verified Registered User will cease.
- While we take steps to authenticate Health Professionals’ qualifications we cannot guarantee that every Registered User or Verified Registered User on the Website is indeed qualified or a registered practicing doctor or Health Professional.
6. Accounts and passwords
- If you have registered on the Website any user identification code or password must be kept confidential and used only by you (unless otherwise agreed in writing with BMJ).
- We have the right to disable any user identification code or password without prior notice whether chosen by you or allocated by us at any time if in our opinion you have failed to comply with any of the provisions of these User Terms and Conditions or if we determine that it is necessary to do so for any reason.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
7. doc2doc member profile pages (My doc2doc)
doc2doc personal pages are profiles used solely for communicating with other users. You may not set up a doc2doc page on behalf of another individual or entity. We do not screen or approve any content on doc2doc personal pages nor do we guarantee that this is done on other parts of the Website. Any unprompted post publication moderation anywhere on the Website is entirely discretionary.
8. Access to the Website
- Our site is made available free of charge. We try to ensure that the Website availability is uninterrupted and that transmissions will be error-free. However, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Website without notice, including to allow for repairs, maintenance, or the introduction of new facilities or services. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We, of course, try to limit the frequency and duration of any suspension or restriction. We make no assurance that the Website will continue to be available in the future.
- You are responsible for making all arrangements necessary for you to have access to our Website including fulfilling any registration requirements required by clause 5.
9. Blogging on doc2doc
- The Website includes a facility for certain users of the Website the post blogs on certain medical topics.
- In order to post a blog, a user’s doc2doc account will need to be upgraded by a doc2doc moderator. You can apply for your account to be upgraded to permit blogging by emailing email@example.com with your suggested blog topic. Once we receive your topic we will determine if your account should be upgraded for the purpose of publishing your specific blog post or indefinitely. If, having reviewed your application, we determine that you should be granted blogging rights, your blog posts will be reviewed by us prior to publishing and you may be contacted if we deem your blog content to be inappropriate. Bloggers are also asked not to blog more than twice a month unless there are special circumstances.
10. Social media collectors
By clicking the Facebook connect, Twitter, and/or any other third party social networking connection indicated within “My doc2doc”, users agree to share details of their doc2doc posts and personas with Facebook friends, Twitter followers, and/or other third party social networking followers. Any details appearing on third party social networking sites will be governed by the terms and conditions and privacy policies of the sites on which they appear.
11. User conduct
Whenever you upload or add content to the Website, or make contact with other users of our site, you must comply with the User Conduct section of these User Terms and Conditions.
- You understand that the Website is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted by you, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
- You are responsible for the accuracy and completeness of material which is posted to the Website. You may use the Website to post comments, messages, and material that are original or for which you have permission to use on the Website.
- You may use the Website of lawful purposes only.
- You may only use the Website in a professional and ethical manner.
- You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or the Website; or
- to do anything which may impair or overburden the Website.
- You also agree not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
- Without limiting the generality of the foregoing, you shall not do any of the following:
- upload or share any photographs or other material in any media other than original works that are created by you or for which you have permission to use on the Website;
- post chain letters of any type, or post files to forums not specifically maintained for that purpose;
- include any content of any kind (including text) or upload files that contain software or other material protected by any intellectual property laws or by rights of data protection, confidentiality, privacy, or publicity (where applicable) unless you own or control the rights thereto, or have received all necessary consents, or otherwise violate the legal rights of any third party (such as rights of publicity privacy, and the data protection and confidentiality rights of patients) please see our guidance on patient confidentiality in the FAQ section);
- knowingly receive, upload, download, use or re-use any material which could be deemed to defame, abuse, harass, stalk, threaten, or which contains swearing or is sexually explicit , pornographic or obscene
- upload, post, transmit, distribute, disseminate (including linking to) or store content or material that is offensive, or racially, ethnically, or sexually offensive or abusive, or act fraudulently, or create any groups to communicate any of the foregoing;
- delete any author attributions, legal notices or proprietary designations, or labels in any file that is uploaded;
- publish any content which depicts graphical gratuitous violence, make threats of any kind that intimidates, harasses or bullies another user or group of users;
- advertise, promote or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters or create groups to discuss commercial purposes without prior written agreement. Please note we may, at our discretion, ask for any declaration of competing interests to be completed should we have any concerns around possible commercial promotions or, should we suspect this, we may remove any such content at our discretion;
- attempt to circumvent any content filtering techniques that we may employ now or in the future;
- include links or deep links to any website you are not authorised to link into absolute;
- falsify the origin or source of any content or other material (including software contained in a file that is uploaded);
- impersonate any personal entity or falsely represent yourself, your age, or affiliation with any other person or entity to BMJ or others;
- register anyone other than yourself including registering on behalf of any group or entity;
- collect email addresses or other content information from users of the Website for any purpose including for the purposes of sending unsolicited emails or communications;
- disclose on the Website any information of a personal nature of any third party including the name, address, telephone numbers, or email addresses, and/or other personal information without the prior written consent of that person;
- upload, post, transmit, share, store, or otherwise make available any content that would constitute, encourage, or provide instructions for a criminal offence or violate any law;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- use the Website to obtain personal medical advice for yourself, your family, or your friends;
- upload, post, transmit, share, store or otherwise make available any content which, in the sole judgement of BMJ, is objectionable or restricts or inhibits any person from using or enjoying the Website, or which may expose the Website or its user to harm the liability of any kind howsoever.
- We do not guarantee that the Website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
13. Content posted by you
- You warrant that any contribution you make to the Website (including comment, forum post of blog post) complies with these User Terms and Conditions, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage BMJ suffers as a result of your breach of warranty.
- Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
- You are granted by BMJ a non exclusive, non transferable, perpetual, royalty free, worldwide licence for any use of the material which you have assigned to BMJ for any lawful purpose. Please note, however, this excludes any responses by other users or by us to the content you have posted and permission must be sought from us for use of that by you.
- We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
- We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the User Conduct section of these terms and conditions or we otherwise deem to be inappropriate for the Website.
- The views expressed by other users on the Website do not represent BMJ’s views or values.
- We reserve the right to remove material you post without notice from the Website and from any forum, and BMJ does not warrant that it will keep or continue to make available any material that you have posted to this site or to any forum for any length of time, and you are advised to make a copy of any message or material you wish to retain.
- You may provide a hyper-link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not provide or establish a link or connection between our site and any other website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Website in any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- The Website in which you are linking must comply in all respects with the content standards set out in these User Terms and Conditions.
- You must not deep link to any of our websites without our agreement in writing unless this is stated on our relevant site as being acceptable by us to do so.
- We reserve the right to withdraw any linking permission without notice to you including by amending these User Terms and Conditions.
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
- An inclusion of any link by you or any other user or by us does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and we accept no responsibility for any loss or damages that may arise from your use of them.
- We are not responsible for any website which is not owned and controlled by BMJ, and in all cases (including other BMJ websites) such websites use will be subject to the relevant terms and conditions and privacy policies.
15. Intellectual property rights of the rest of the Website
- Unless otherwise stated, BMJ or its licensors (which may include users of the Website) is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
- Unless expressly permitted in writing herein or in a subsequent licence agreement and other than printing a very small proportion of content (such as a single discussion thread on one topic) or displaying this on your screen or both, (strictly for your personal, non-commercial use), no part of the Website may be reproduced, stored in any medium, including, but not limited to, a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent.
- You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
- Any permitted use of our material is subject to ensuring that our copyright notices and trade marks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL to this Website are included.
- BMJ doc2doc trade marks, and logos which are displayed on the Website are the trademarks of BMJ and its licensors.
16. Permission for use of our intellectual property
Any request for permission of any of our content or images, should be made via the Contact Us details.
17. Limitation of liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
- To the extent permitted by law, we will not be liable to any user for any loss (including direct, indirect and consequential) or damage, whether in contract, tort (including negligence, special or punitive damages), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- You will indemnify BMJ and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these User Terms and Conditions or arising as a result of a third party accessing or using our site or its content by means of accessing through your password or user ID or other authentication details.
- The maximum liability of BMJ to you in connection with use of our site £10.00 or the aggregate of sums you have paid to BMJ in the 12 months immediately preceding cause of action to which your claim relates, arose (whichever is the greater).
- We will do our best to assess any possible risks for users from third parties when they use the Website, and we will decide whether it is appropriate to use moderation of content posted to the Website (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate the content provided to the Website and we expressly exclude our liability for any loss or damage arising from the use of content posted to our Website by users in contravention of these User Terms and Conditions, whether the service is moderated or not.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. If you have a concern about a users’ conduct or post, then you should click on the ‘Report Abuse’ button at the end of every post for the doc2doc moderators to review. In addition, you can also raise concerns by emailing the doc2doc moderators: firstname.lastname@example.org
- If moderation is applied, generally Website content (including user comments and blogs) will be subject to post-publication moderation.
19. Moderator guidelines
It is a moderator’s role to keep the discussions relevant to the topic and within the rules set out in these User Terms and Conditions. Moderation is necessary so all users can participate in online communities without fear of intimidation by other users or being subjected to offensive content. Also, people may intentionally or unintentionally post content that is unlawful, putting themselves as well as the BMJ at risk of legal action. In certain circumstances we may elect to appoint trusted users of the Website to be moderators of user content posted to the Website. If you are asked by BMJ to become a moderator of the Website and you agree to become a moderator you must adhere to the following terms: 1. As a moderator of doc2doc you: 1. will be expected to perform certain tasks and to follow the terms of these User Terms and Conditions. Through doc2doc BMJ seeks to promote a friendly environment where members can freely exchange opinions, thoughts and ideas in a non-offensive manner. Moderators should promote and demonstrate the principles of the doc2doc forum and are not exempt from the general rules for use of the Website as set out in these User Terms and Conditions; 2. will be expected to be active on the doc2doc forum. This not only includes logging in frequently, but posting and initiating new topics of interest as well; 3. must report to BMJ administrators any user postings or comments which you consider are in breach of these User Terms and Conditions; 4. must notify a BMJ site administrator of any violations that cannot be handled as a moderator. 2. In an instance where a member’s behaviour is offensive you may, subject to the level of privileges granted to you by BMJ, suspend the relevant member’s account and refer the matter to a BMJ administrator. Upon such referral, the BMJ administrator shall consider if the member and the content should be permanently banned or deleted (as applicable). 3. If a thread is started in the wrong board you are authorised to move a conversation thread. 4. If a thread begins to get off-topic, as moderator you may split the thread and all applicable posts into a new thread with an appropriate thread title. 5. Other than in the case of obvious spam advertising posts which Moderators shall be permitted to remove or edit, Moderators should only edit user posts in extreme cases where the post is in breach of these User Terms and Conditions and/or could cause harm to BMJ or its reputation. 6. As a Moderator, you will be granted certain access privileges within the Website, you hereby agree that you will not abuse these privileges and for the avoidance of doubt, you acknowledge that you are not authorised to contact users by email, only via the private message built into the Website. 7. Acting as a moderator is done on a completely voluntary basis. Should you choose to stop moderating or plan to be absent from the Website for an extended period, please send a message to a forum administrator as a courtesy. 8. BMJ reserves the right to modify these rules as needed without prior notification and to remove moderator privileges at will.
- If you discover any content on the Website which you consider breaches any of these terms, or is otherwise unacceptable, you should notify BMJ immediately by clicking on the “Report Abuse” icon or, alternatively by selecting the the “Contact Us” icon. The system will provide your name and contact details and details of the relevant content (including a description of its location).
- Should we receive a complaint regarding our Site, we will consider the complaint and will take appropriate action which may include removing the offending content and/or taking legal action.
- We reserve the right, whether as a result of a complaint or whether through our own investigations, in our absolute discretion, to edit any responses before and after publication or to remove whole or part of the contribution and state that we have done so.
- We try to avoid entering into lengthy correspondence about why we have removed any postings and are not obliged to advise anyone alleged to have or whom we think has infringed the terms that we are or have altered, removed, or edited any material they have posted. It’s not a good use of our resources and any response we give it is at our absolute discretion.
21. User Disputes
You are solely responsible for your interactions with other doc2doc users. As per sections 18 and 19 of these User Terms and Conditions, we reserve the right, but are under no obligation, to moderate the Website. If you believe that another user has violated our terms or infringed your rights, please use Contact Us.
BMJ may terminate your user rights, delete your profile and any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Website or any portion, aspect or feature of the Website for any reason, or no reason, at any time in its sole discretion, with or without notice.
- To the fullest extent permitted by law, BMJ will not be liable for any material posted by you or any third party including us. It is provided on an “as is” basis and BMJ disclaims all and any representations and warranties whether expressed or implied including warranties of accuracy, fitness for a particular purpose, non infringement or availability functionality of the Website.. BMJ shall not be liable for any errors in transmissions and we do not warrant that the Website will be available at any time. Should you chose to rely on any professional opinions on the Website you do so at your own risk. Users are responsible for the checking and verification of any advice given on the Website.
- You should independently verify any information and content on this site or made available to you through the Website before relying on it. That information and content are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by us should not be relied upon. The information contained on the site is not a substitute for the exercise of professional judgement.
- We assume no responsibility for the content of our site or websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- With regard to user conduct, we rely on users to adhere to these terms and our User Conduct, and, other than for miscellaneous reviews of the Website post publication (which may or may not occur), we do not promise that we will monitor the Website for breaches. We therefore do not control and are not responsible for what material users submit on the Website or any breaches of our User Terms and Conditions or User Conduct. Users should complain using the above mentioned process for any legitimate complaint.
- BMJ Group may at any time amend, alter or delete the functionality, software or any other elements related to the Website of any nature at any time without further notice to you. BMJ Group may take down the Website on a temporary or permanent basis at any time without further notice to you.
- Any reference to any services, processes, products, trade marks or suppliers on this Website whether by users or the BMJ Group does not constitute or imply endorsements, recommendation by the BMJ Group or any affiliation such as third parties.
To contact BMJ about your account or generally (and excluding relating to a “complaint” set out above) you may get in touch with us via the Contact Us page or via emailing us at email@example.com
26. Governing Law & Severance
- To the fullest extent permitted by law, these User Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction, subject to our right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country where necessary or advisable for enforcement purposes.
- If any court or competent authority finds that any provision of these User Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these User Terms and Conditions shall not be affected.
- If any invalid, unenforceable or illegal provision of these User Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, [the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable
Thank you for reviewing this information.
If you have any questions, please send us an e-mail through our Contact Us section.
Last updated April 2013