Disclaimer

NMCSD and NHCP Disclaimers, Copyright and Medical Privacy Notice, and Terms and Conditions of Use of Materials

DISCLAIMERS

Disclaimer of Liability: With respect to materials (e.g., information, documents, presentations, speeches, photographs, audio recordings, video recordings, tools, training/education, data, products, or services, etc.)  available from Naval Medical Center San Diego (NMCSD) and Naval Hospital Camp Pendleton (NHCP), neither the U.S. Government, NMCSD, NHCP, nor any of its military members, civilian employees or contractors, make any representations or warranties, express, implied, or statutory, as to the validity, accuracy, completeness, or fitness for a particular purpose; nor represent that use would not infringe privately owned rights; nor assume any liability resulting from the use of such materials and shall in no way be liable for any costs, expenses, claims, or demands arising out of the use of such materials.

Disclaimer of Endorsement: Neither the U.S. Government nor NMCSD nor NHCP endorse or recommend any commercial products, processes, or services. Reference to or appearance of any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, in NMCSD and NHCP materials does not constitute or imply its endorsement, recommendation, or favoring by the U.S. Government or NMCSD or NHCP. The views and opinions of authors expressed in materials available from NMCSD and NHCP do not necessarily state or reflect those of the U.S. Government or NMCSD or NHCP, and they may not be used for advertising or product endorsement purposes.

 

COPYRIGHT & MEDICAL PRIVACY NOTICE

General

Generally, United States government works (works prepared by officers and employees of the U.S. Government as part of their official duties) are not protected by copyright in the U.S. (17 U.S.C. §105) and may be used without obtaining permission from NMCSD and NHCP. However, U.S. government works may contain privately created, copyrighted works (e.g., quote, photograph, chart, drawing, etc.) used under license or with permission of the copyright owner. Incorporation in a U.S. government work does not place the private work in the public domain.

Moreover, not all materials available from NMCSD and NHCP are U.S. government works. Some materials available from NCMSD and NHCP may be protected by copyrights owned by private individuals or organizations and may be subject to restrictions on use. For example, contractors and grantees are not considered Government officers or employees; generally, they hold copyright to works they produce for the Government. Other materials may be the result of joint authorship due to collaboration between a Government officer or employee and a private individual wherein the private individual will hold a copyright to the work jointly with U.S. Government. The Government is granted a worldwide license to use, modify, reproduce, release, perform, display, or disclose these works by or on behalf of the Government.

While NMCSD and NHCP may publicly release copyrighted works in which it has government purpose licenses or specific permission to release, such licenses or permission do not necessarily transfer to others. Thus, such works are still protected by copyright, and recipients of the works must comply with the copyright law (Title 17 United States Code). Such copyrighted works may not be modified, reproduced, or redistributed without permission of the copyright owner.

If a recognizable person appears in a photograph or video recording, or the talent (such as a performance or narration) of a known individual is included in an audio or video recording, use for commercial purposes may infringe on a right of privacy or publicity. Permission should be obtained from the recognizable person or known individual. However, if the intended use of NMCSD and NHCP material is primarily for educational or informational purposes (e.g., books, newspapers, and magazines reporting facts of historical significance), then such uses will generally not be considered an infringement of such personal rights.

Any materials available from NMCSD and NHCP which may include the protected health information of an individual have been obtained and are released in full compliance with applicable U.S. laws, regulations, and policies governing medical privacy.

Documents

Documents available from NMCSD and NHCP are not protected by copyright unless noted. If not copyrighted, documents may be reproduced and distributed, without further permission from NMCSD and NHCP. However, some documents or portions of documents available from this site may have been contributed by private individuals or organizations and may be copyrighted. If copyrighted, permission should be obtained from the copyright owner prior to use (e.g., modification, reproduction, or redistribution).

Photography

Photographs available from NMCSD and NHCP are not protected by copyright unless noted. If not copyrighted, photographs may be reproduced and distributed without further permission from NMCSD and NHCP.  If copyrighted, permission should be obtained from the copyright owner prior to use. If a recognizable person appears in a photograph, use for commercial purposes may infringe a right of privacy or publicity and permission should be obtained from the recognizable person. 

Audio Recordings

Audiotape recordings available from NMCSD and NHCP are not protected by copyright unless noted. If not copyrighted, audio recordings may be excerpted or reproduced and distributed, without further permission from NMCSD and NHCP. If copyrighted, permission should be obtained from the copyright owner prior to use. Use for a commercial purpose of a portion or segment of an audio recording that incorporates the talent (such as narration or music) of a known individual, may infringe a right of publicity and permission should be obtained from the known individual.

Video Recordings

Video recordings (videotape and motion picture recordings) available from NMCSD and NHCP, including audio recordings therein, are not protected by copyright unless noted. If not copyrighted, video recordings may be reproduced and distributed, without further permission from NMCSD and NHCP. If a video recording is copyrighted in its entirety or a portion of a recording contains copyrighted material, such as music or video footage, permission should be obtained from the copyright owner prior to use. Use for a commercial purpose of any portion or segment of a video recording that displays a recognizable person, or the talent (such as a performance or narration) of a known individual, may infringe on a right of privacy or publicity, and permission should be obtained from the recognizable person or known individual.

 

TERMS AND CONDITIONS OF USE

Unless additional terms and conditions are provided with specific materials, the following information specifies the terms and conditions under which the materials available from NMCSD and NHCP may be used.

  • NMCSD and NHCP do not grant exclusive use rights with respect to NMCSD and NHCP material.
  • NMCSD and NHCP should be acknowledged as the source of its material.
  • It is unlawful to falsely claim copyright or other rights in NMCSD and NHCP material.
  • Material available from NMCSD and NHCP may include visible NMCSD, NHCP BUMED/Navy Medicine, or Navy identifiers (name and initials, insignia, logotype, seal, and program identifiers). Use of such material is generally non-objectionable, provided the NMCSD and NHCP identifiers appear in their factual context. Other uses of the Department of the Navy or the Department of Defense Insignia, Seal, Logotype, or Program Identifiers require approval and are protected from use by applicable federal statutes and regulations.
  • NMCSD and NHCP material may not be used to state or imply the endorsement by NMCSD or by any NMCD member, NHCP, employee, or contractor of commercial products, processes, or services, or used in any other manner that might mislead.
  • Use of NMCSD and NHCP identifiers which would express or imply such an endorsement is strictly prohibited.
  • Use of the NMCSD and NHCP name or initials as an identifying symbol by organizations other than NMCSD and NHCP is strictly prohibited.
  • NMCSD and NHCP do not indemnify nor hold harmless users of NMCSD and NHCP material, nor release such users from copyright infringement.
  • NMCSD and NHCP personnel are not authorized to sign indemnity or hold harmless statements, releases from copyright infringement, or documents granting exclusive use rights.

 

The point of contact for matters addressed herein is the NMCSD Public Affairs Office, (619) 532-9380.