By registering and using the Website, Application or Services you are contracting with MedMe AS.
MedMe provides an online platform that connects patients (“Patients”) seeking medical procedures with doctors and private clinics (“Healthcare Providers”) offering various treatments. MedMe provides an online marketplace, marketing activity, and an advanced booking system (collectively, the “Services”) that are accessible primarily at www.medme.no and at any other websites where MedMe makes the Services available (collectively, the “Site”) and as an application for mobile devices, tablets (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you register to be a user of the Services. These Terms govern your access and use of the Site, Application and Services, all Collective Content (defined below), your participation in the Referral Program (defined below) and constitute a binding legal agreement between you and MedMe.
Please read carefully our Policies at http://www.medme.no/Policies. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application and Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HEALTHCARE PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR DIFFERENT TREATMENTS (DEFINED BELOW) AND PATIENTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK TREATMENTS DIRECTLY WITH THE HEALTHCARE PROVIDERS. YOU UNDERSTAND AND AGREE THAT MEDME IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HEALTHCARE PROVIDERS AND PATIENTS, NOR IS MEDME A BROKER, AGENT OR INSURER. MEDME HAS NO CONTROL OVER THE CONDUCT OF THE USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY PREVAILING NORWEGIAN LAW.
“MedMe Content” means all content that MedMe makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Appointment Request Period” means the time period starting from the time when an appointment is requested by a Patient (as determined by MedMe in its sole discretion), within which a Healthcare Provider may decide whether to confirm or reject that appointment request, as stated on the Site, Application or Services. Different Appointment Request Periods may apply in different places.
“Collective Content” means Member Content and MedMe Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Patient” means a User who seeks medical procedures and requests from a Healthcare Provider a booking of a Health Care Procedure via the Site, Application or Services.
“Healthcare Provider” means a Member who creates Listings via the Site, Application and Services. MedMe offers two kinds of Healthcare Provider accounts, namely, Doctor and Clinic accounts.
“Listings” means Procedures that are listed by a Healthcare Provider as available for booking via the Site, Application, and Services.
“User” means a person who uses any of the Site, Application or Services regardless of completing MedMe’s registration process.
“Member” means a User who completes MedMe’s account registration process, including but not limited to Patients, Doctors and Clinics, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM BY YOUR OWN VOLITION, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your mandate” will refer and apply to that company or other legal entity.
MedMe reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Healthcare Providers and Patients may use the Site, the Application and Services in order to facilitate providing or finding medical health care, respectively. The Site, Application and Services can be used to facilitate the listing and booking of medical procedures, attendance or treatment (“Procedures”). The Procedures are found as Listings on the Site, Application and Services by the Healthcare Providers.. Listings can be seen by an unregistered visitor on the Site, Application and Services. However, booking of Procedures or creating of Listings requires registering a MedMe Account (defined below) as a Healthcare Provider.
MedMe creates a marketplace and provides an online platform for Patients and Healthcare Providers. Using the Site, Application and Services, Healthcare Providers and Patients may contact each other and arrange bookings of Procedures. This arrangement is taking place directly between the two parties, it is important to underline that MedMe is not a Provider of the Procedures nor is a broker, agent or insurer. MedMe's responsibilities are limited to making the Site, Application and Services available.
In order to use most of the features of Site, Application and Services, e.g. creating a Listing, booking an Appointment, Procedure or Treatment, sending internal messages, posting Reviews, the User must register and create an account (“MedMe Account”). As soon as he registration is complete, the User becomes a Member of the Site, Application and Services.
The registration process for a MedMe Account is kept simple both for Patients and Healthcare Providers. Patients need to enter their name, email address and set a personal password. Healthcare Providers consist of two groups: Doctors and Clinics. Doctors, in a similar manner to Patients, enter their name, email address and set a personal password. Clinics on the other hand must provide the name of the company, the name of the representative together with an email address and password. In addition, both kind of Healthcare Providers must provide their National Medical ID for each country they operate in (the National Medical ID is country-specific). Finally, all Members must validate their MedMe Account through the Confirmation link found in the email sent automatically by the Service.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. You may allow MedMe to create a link with your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. By using your Third-Party Account for registration, you declare that you are entitled to disclose our Third-Party Account login information and/or grant MedMe access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MedMe to pay any fees or making MedMe subject to any usage limitations imposed by such third-party service providers. You also accept the fact that MedMe will access, make available and store any Content (if applicable) that you have provided to and stored in your Third-Party Account (TPA Content) so that it is available on and through the Site, Application and Services via MedMe Account and MedMe Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Personally identifiable information that your share on your Third-Party Accounts will be available on and through your MedMed Account on the Site, Application and Services. Taking over such information depends on the Third-Party Accounts you choose to use for registration and the privacy settings that you have set in such Third-Party Accounts. Be advised that in that case the third-party service provider terminates MedMe's access to such Third-Party Account or Third-Account or associated service becomes unavailable, then TPA Content will no longer available on and through the Site, Application and Services. You can control the connection between the MedMe Account and your Third-Party Account which means that you can disconnect or disable the connection at any time via Settings section of the Site, Application and Services. Please note that your relationship with the Third-Party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party service providers. MedMe makes no effort to review any TPA Content for any purpose, including but not limited to for accuracy, legality or non-infringement and MedMe is not responsible for any TPA Content.
Doctors and Clinics have the option to create a Listing. They have to answer some questions about the Procedure(s), including, but not limited to, the location, name of the Procedure(s) and practice, pricing, related rules and financial terms. There are two core criteria in order to be featured your Listings via Site, Application and Services: (1) must have physical address, (2) have to provide a National Medical ID for your location of practice that may be subject to verification. Thereafter, the Listing will be publicly available via the Site, Application and Services. Via the Site, Application and Services, patients may book Procedure(s) based upon the information provided in your Listing. You understand and agree that once a Patient requests a booking of your Procedure(s) or/and appointment, you may not request the Patients to pay a higher price than in the booking request. If the Patient wishes or agree to change an readily booked Procedure(s) the Total price may change: (1) by adding additional treatments the Total Price increases with the price of those treatment(s); (2) by cancelling some of the treatments means that the Total Price will decrease by the price of the cancelled Procedure(s); (3) Using materials of different quality may also change the price.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Procedure in a Listing you (1) will (a) be in compliance with all applicable laws (such as patients laws, medical health care laws), tax requirements, and rules and regulations that may apply to any Procedures included in a Listing you post (including having required permits, licenses, registrations) and (b) not conflict with the rights of third parties. We would like to draw your attention to the fact that MedMe assumes no responsibility for a Doctor's or Clinic's compliance with any agreements or duties to third parties, applicable laws, rules and regulations; (2) all information shared about your Listing(s) or Profile is real and provided by you. Please also note that we reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or our then-current Policies and Guidelines (at http://www.medme.no/Policies), or otherwise harmful to the Site, Application or Services.
As a Doctor or Clinic, you understand and agree that MedMe does not act as an insurer or as your contracting agent. If a Patient requests a booking of your Procedure(s) and has resort to your service, any agreement you enter into with such Patient is between you and the Patient and MedMe is not a party thereto. You acknowledge and agree that, as a Doctor or Clinic, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who take part in the Procedure(s) at your request or invitation, excluding the Patient.
Note: MedMe does not endorse any Member. Members are required by these Terms to provide accurate information, and although MedMe may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references on the Site, Application or Services to a Member being “verified” or “connected” (or applicable synonyms) solely indicates that the Member has completed a relevant verification process, and does not represent anything in addition. Any such description is not an endorsement, certification or guarantee by MedMe about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to have resort to a Doctor's and/or Clinic's service or to accept a booking request from a Patient, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from MedMe with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Doctor and/or Clinic against MedMe regarding the remittance of payments received from a Patient by MedMe on behalf of a Doctor and/or Clinic, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
“Balance” displays your financial position and the obligations that you have to pay off within the grace period.
“Procedure Fees” are that amount which are due and payable by the Patient in exchange for that the Patient has resort to Doctors or Clinics services. Procedure fees are determined by the Doctor of Clinic that created the Listing on the Site, Application and Services. The Doctor or Clinic may in his or her or its sole discretion decide to include in these amounts (1) a consulting fee, fees for clinic bed or fees for necessary preliminary tests with respect to the procedure permitted on the MedMe platform, or (2) Taxes that the Doctor or Clinic determines that he or she or it has to collect (plus any Taxes, such as VAT in Europe).
If you are a Doctor or a Clinic and a booking is requested for your Procedure via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (1) the first and last name of the Patient who has requested the booking, (2) a link to the Patient’s MedMe Account profile page, and (3) the Patient's medical records archive may be made available to you by the Patient, in his or her sole discretion, so that you can view such information before confirming or rejecting the booking request. When you confirm a booking requested by a Patient, MedMe will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
You will collect the Procedure Fees and MedMe will impose payment obligation based on your membership plan.
Any Patient who wishes to cancel his or her requested booking before the requested booking is approved by a Doctor or Clinic, may cancel it via the Site, Application or Services without any consequences.
If any Patient wishing to cancel a confirmed booking made via Site, Application and Services, prior to beginning of the Procedure, the cancellation policy of the Doctor or Clinic will apply to such cancellation. By sending your booking request, you accept and agree the terms of cancellation of the particular doctor's office.
Any Patient who does not show up on the confirmed appointment made via Site, Application and Services may be subject to penalties or consequences applied to the Patient’s MedMe Account, including publishing an automated no-show review.
Please note that MedMe may apply penalties or consequences to the Profile, Listings of the Doctor or Clinic, including (1) publishing an automated review on that a reservation was cancelled (2) keeping the Healthcare Provider’s calendar unavailable or blocked for the dates of the cancelled booking.
You as a Doctor or Clinic understand and agree that you are solely responsible for determining (1) your applicable Tax reporting requirements, and (2) the Taxes that should be included. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. MedMe cannot and does not offer Tax-related advice to any of its Members.
Where applicable, or based upon request from a Patient, Doctor and Clinic, MedMe may issue a valid VAT invoice to the Member.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Procedure or Treatment is located may require Taxes to be collected by Doctors or Clinics from Patients on the amount paid for the right to use of the service, and to be remitted to the respective Tax Authority.
Our online platform facilities booking appointments of medical treatments or any other health care procedures between Doctors or Clinics and Patients. The Doctors or Clinics and Patients may prefer to pay or to receive payments in different currencies which may require foreign currency exchange to make room for these differing currency preferences. Through the platform we allow users to view the price of Listings in a number of currencies. However the availability of currencies for a Member to make and receive payments in may be limited, and may not include the default currency in any geographic area.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs 10.00 NOK to buy €1.00, the currency conversion rate of NOK to EUR would be 10.00, and the currency conversion rate from EUR to NOK would be 0.1. Currency conversion rates will vary from time to time.
“Display Currency” means the currency in which the Listing price is shown for the users on the MedMe platform. Users may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
“Booking Currency” means the currency in which a Patient has to pay for his or her booked Procedure. At the time the Patient submits a booking request, the MedMe platform will select the Booking Currency, based on the Healthcare Provider’s country of origin and the payment methods available for that country. MedMe supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Doctor or Clinic and the Patient is expected to settle the payment in this currency.
“Base Exchange Rate” means a system-wide rate used by MedMe for foreign currency exchange that is in effect at the time the foreign currency exchange is processed. MedMe establishes the Base Exchange Rate using data from one or more third parties such as Yahoo.
"Device" is an electronic device that can be used to access MedMe's Site, Application and Services.
“Non-personally identifiable information” is the information that is recorded about users so that it no longer reflects or references an individually identifiable user.
“Personal Information” means any information you provide us and identifies you, such as your name, email address or billing information, or other data which can be reasonably linked to such information, such as information we associate with your MedMe account.
"Sensitive Personal Data" means the information relating to a) racial or ethnic origin, or political opinions, philosophical or religious beliefs, b) the fact that a person has been suspected of, charged with, indicted for or convicted of a criminal act, c) health, d) sex life, e) trade-union membership.
“Server Log” means that servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
MedMe is extremely committed to very high ethical standards and respects your personal information. There are many ways you can use MedMe's Site, Application and Services, including search for or share information or communicate with other users and other parties via Site, Application and Services, or book a treatment or Procedure, etc...
MedMe collects information to provide better service to all of our Users. The information is mainly collected in two ways:
(1) Information you provide us. Booking of Procedures or creating of Listings. Establishing communication with other users may be only made by registered Members implying the need for creating a MedMe Account. Due to registering for a MedMe Account, you will be asked to provide personal information, including your name, birthday, email address, phone number, photo, address, location, occupation, languages and emergency contact information.
(2) Information we may get from your use of our Site, Application and Services including your Log information (like how you use our search engine, cookies, system activity, hardware settings, browser type, browser language), Device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information) and Location information.
Note: As a Doctor or Clinic, you must provide your name, name of your practice or Clinic or your company, description, your exact address, phone number. You have to provide information like National Medical ID e.g. Trade Registry Number or Operating Registration Number in order to validate your Listings by MedMe.
ANY INFORMATION WE COLLECT WHEN YOU CREATE OR UPDATE A MEDME ACCOUNT OR INFORMATION MEDME OBTAINS ABOUT YOU IS ASSOCIATED WITH YOUR MEDME ACCOUNT AND MEDME TREATS IT AS PERSONAL INFORMATION. WE, AT MEDME, USE THE COLLECTED INFORMATION FROM YOUR USE OF MEDME'S SITE, APPLICATION AND SERVICES TO PROVIDE, MAINTAIN, DEVELOP OUR SITE, APPLICATION AND SERVICES AND TO PROTECT THE PRIVACY OF OUR USERS. WE TREAT YOUR CONVERSATION WITH A DOCTOR OR CLINIC AS CONFIDENTIAL INFORMATION AND MEDME DOES NOT COLLECT INFORMATION FROM THAT INTERACTION.
If it is required, we shall provide the information to the authorities according to the law or when you book a Procedure, treatment or appointment, MedMe shall give your name, email address, phone number to the Doctor or Clinic or the competent staff on behalf of the Doctor or Clinic. Under no circumstances will your personal data be provided to any other incompetent third party without your consent. We, at MedMe, are firmly committed to protect any Sensitive Personal Data (relating to confidential medical facts, medical records you share with any Doctor and Clinic, racial or ethnic origins, political or religious beliefs or sexuality).
Note: You may modify the Privacy Settings of any Medical Records you, as a Patient, share with Doctor or Clinic via Site, Application and Services. You are the only one who decides whether you share or withdraw the right of reading the Medical Records by the Doctor or Clinic via Site, Application and Services. In any case, the Doctor or Clinic must follow the term of Medical Confidentiality Policy (read more at http://www.medme.no/Policies).
MedMe is also committed to protect your personal information when you post a Review. We do not share any information which may be used to identify the particular Patient.
Note: By subscribing to our newsletter, you agree to share your personal information, such as your name, age, sex, email address, location with our partners, including employees and employees of our partner companies.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY PROCEDURES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT (INCLUDING ANY UPLOADED OR ACCESSIBLE MEDICAL RECORDS TO ANY DOCTORS AND/OR CLINICS) YOU HAVE WITH OTHER USERS OF MEDME WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MEDME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY PROCEDURES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
MedMe reserves all rights, at its sole discretion, with respect to using or spreading the Collective Content, or any part of the Collective Content, or Site, Application and Services. It is firmly prohibited to download or collect or electronically store or process or sell any part of the Collective Content or the Collective Content as a whole without MedMe's written consent. Any part of the Collective Content or the Collective Content as a whole may only be taken over with MedMe's written consent and reference to MedMe. MedMe will make every effort (including legal actions) to prevent or end such practices and seek for remedy.
Any Member is exclusively borne the responsibility for any content of its advertisements or other materials placed on MedMe's Site, Application and Services. MedMe excludes all liability for any incidental, special, exemplary or consequential damages and disadvantages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress or for damage caused by a third party on account of placed materials and advertisements. This applies to any material or advertisement on MedMe’s Site, Application and Services. Furthermore, MedMe does not assume any liability for any user's or party's manifestation of disturbing behavior or any infringement, including property rights.