THIS SITE AND ITS SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS.
1. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
Age Requirement. You must be at least 13 to use the Service.
2. MODIFICATIONS TO TERMS
At any time these Terms may change. Your continued use of the Service after such a change in the Terms means that you agree to the amended Terms.
Your Obligation to Stay Current. It is critical that you check back regularly to review these Terms at least once every 30 days.
3. MODIFICATIONS TO SERVICE.
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
4. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
A. Content Protected by Intellectual Property Rights; No Warranty. Any content available through the Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by intellectual property rights. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
- i. THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT; OR
- ii. THE SATISFACTION OF ANY LAWS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS AND SERVICES.
B. Your Warranties Regarding Your Content. By displaying or publishing (“posting”) any Content on the Service, you warrant and represent the following:
- i. you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant the rights described in these Terms;
- ii. you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
- iii. you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights described in these Terms; and
- iv. your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
C. Establishing an Account to Post Content. To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the “Account”). Since your user name will be publicly displayed on the Site, do not use your actual first and last name as your user name. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Your Account is non-transferable and non-assignable.
5. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
A. Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
B. Your License:
- i. Subject to your right to terminate your license to us as described in Section 5(C), you hereby grant an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sub-license), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
- ii. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
C. Your Right to Terminate the License. At any time you may modify or remove from the service any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the site). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, we have distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then we have a limited right to continue to distribute those materials. You may terminate this limited licence by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 30 days.
D. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”), you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, we may use and disclose your Submissions in any way; and (iii) we have no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
6. PROHIBITED CONTENT
You must not post to the Service any Content that is:
A. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
B. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
C. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
D. unsolicited, undisclosed or unauthorized advertising;
E. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
F. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
G. in violation of any applicable local, state, national or international law (including export laws).
7. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM
A. Prohibited Conduct. You must not do, or attempt to do, any of the following, subject to applicable law:
- i. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- ii. access, tamper with, or use services or areas of the Service that you are not authorized to access;
- iii. alter information on or obtained from the Service;
- iv. tamper with postings, registration information, profiles, submissions or Content;
- v. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- vi. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing;
- vii. impersonate or misrepresent your affiliation with any person or entity;
- viii. reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
- ix. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
- x. take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
B. Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $400 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
8. MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
A. No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. We reserve the right to modify or remove any Content at any time. Some of this monitoring may be done by users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s). We neither endorses nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
B. Right to Resolve Disputes. We have the right, but not the obligation to attempt to resolve disputes between users relating to the Service.
9. PROTECTION OF CONTENT.
A. License to You. You must respect the intellectual property laws protecting our Service. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
B. Reservation of Rights. On its own behalf and the behalf of its licensors, We reserve all rights in the Content, including any software, not expressly granted in this Section 9. We do not in any way grant any other rights to you. Except as expressly stated in this Section 9, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent.
11. TERMINATION OR CANCELLATION
A. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:
- i. we believe in our sole discretion that you may have violated these Terms;
- ii. requested by law enforcement or other government agencies; or
- iii. your Account has extended periods of inactivity.
B. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
12. DEALINGS WITH MERCHANTS; LINKS
A. Advertisements and Links. The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. We do not endorse or recommend any of the products or services advertised on the Service. We are not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk.
B. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
13. DISCLAIMER AND WARRANTIES
A. THE SERVICE DOES NOT PROVIDE ANY KIND OF ADVICE. THE SERVICE IS FOR ENTERTAINING AND NO OTHER USE IS INTENDED. NOTHING CONTAINED IN THIS SITE OR THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR ANY KIND OF ADVICE OF PROFESSIONALS EXPERTS IN THE RELEVANT FIELD. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING ADVICE BY PROFESSIONAL EXPERTS OR ANY OTHER QUALIFIED PEOPLE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE.
B. NO ENDORSEMENT WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION IS SOLELY AT YOUR OWN RISK.
C. YOU ACCEPT THE SERVIE “AS-IS” WE, AND OUR CONTENT PROVIDERS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE SERVICE ARE RESPONSIBLE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE”. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
14. ADDITIONAL TERMS
A. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
B. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
C. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
D. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without an express written permission. Any attempt by you to assign, transfer or delegate these Terms without an express written permission will be null and void.
E. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
F. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.