Welcome to www.healthination.com (the “Website”) operated by HealthiNation, a New York company (hereinafter, "HealthiNation", "us", “our” or "we"). The Website offers visitors (“you” or “your”) access to various health-related information. This agreement (the “Agreement”) sets forth the terms and conditions that govern your use of the Website.
Please read this Agreement carefully. By accessing the Website, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use the Website.
HealthiNation reserves the right to modify this Agreement at any time, and you agree that all such changes shall be effective and binding upon you upon being posted to the Website. You agree to review the Agreement periodically to be aware of any such modifications.
While using the Website is currently free of charge, you acknowledge that we may, in our sole discretion, decide at any time to charge for such access and services.
I. SERVICES PROVIDED BY HEALTHINATION - MEDICAL DISCLAIMER.
HEALTHINATION ONLY OFFERS INFORMATION, NOT MEDICAL ADVICE.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT (WHICH INCLUDES ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, ARTICLES, STORIES, MESSAGES, INFORMATION AND OTHER CONTENT CONTAINED ON THE WEBSITE) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY OR PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY HEALTHINATION. YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN, AND THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE WEBSITE AND IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING. SPEAK TO YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION. DO NOT PUT OFF GETTING MEDICAL ADVICE, OR IGNORE MEDICAL ADVICE THAT YOU HAVE BEEN GIVEN, BECAUSE OF ANY CONTENT. HEALTHINATION DOES NOT RECOMMEND ANY SPECIFIC TREATMENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY CONTENT. ANY ACTION YOU MAY TAKE AS A RESULT OF ANY CONTENT IS TAKEN AT YOUR OWN RISK, AND HEALTHINATION DISCLAIMS ANY LIABILITY ARISING OUT OF SUCH ACTION.
IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, AND ARE WITHIN THE UNITED STATES, DIAL 911 IMMEDIATELY.
II. TERMS AND CONDITIONS REGARDING THE PROVISION OF SERVICES.
1. Claims of Therapeutic Benefit
HealthiNation’s education videos sometime make claims of therapeutic benefit. A "claim of therapeutic benefit" is an assertion that an intervention such as a medication, surgical procedure or lifestyle change like exercise will help prevent, treat or modify a disease, or will promote or enhance well-being. Such claims of therapeutic benefit are only made the physicians and other health professionals who are part of the HealthiNation editorial team has researched and verified such claims to be scientifically sound and accurate. Our editorial process includes researching various credible and reliable sources to determine and document therapeutic claims. The research process entails gathering science-based evidence generated from reliable studies, preferable randomized controlled clinical trials, or cohort or case control studies. Such evidence may come from medical journals, or databases such as PubMed, the Cochrane Database or Up-to-Date. They may also derive from best practice guidelines published by clinical organizations, medical colleges and academies, or government agencies, such as AHRQ. We document sources used so that our viewers made confirm the therapeutic claim for themselves. We attempt to reference the source in the video, such as when an organization like the American Cancer Society makes a screening recommendation, however this is not always possible. Nevertheless, every video text summary includes source material, and often a link to the original source.
2. Ownership of Intellectual Property
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of HEALTHINATION, and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of HEALTHINATION or its owner if HEALTHINATION is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy immediately following.
III. COPYRIGHT COMPLIANCE POLICY.
This is the official copyright compliance policy ("Copyright Compliance Policy") for HEALTHINATION and its owned and/or managed websites ("Sites," "we," "us," or "our"). This Copyright Compliance Policy sets forth the procedures undertaken by HEALTHINATION to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of HEALTHINATION, or any other company, unless specifically stated.
This Copyright Compliance Policy is a part of the terms and conditions which are set forth in our Terms of Service Agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Service Agreement. Both the Terms of Service Agreement and this Copyright Compliance Policy are legally binding on all users.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over these Sites and to promptly end any infringement that might occur.
How to Send a Notice of Copyright Infringement
In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our websites infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
- Name of Agent Designated to Receive Notification of Claimed Infringement: Tony Estrella
- Full Address of Designated Agent to Which Notification Should be Sent to: 35 East 21st Street, Suite 5, New York, New York 10010 or
- Email Address of Designated Agent: firstname.lastname@example.org
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Sites is covered by a single notification, a representative list of such works on our Sites.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
How to Send a Counternotice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counternotice must be a written communication sent and must include substantially the following information:
- A physical or electronic signature of the subscriber (you the user).
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.
Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to these Sites, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.
This Copyright Compliance Policy was last modified on DECMEBER 2011 and is effective immediately.
IV. APPROPRIATE USES AND LIMITATIONS OF SERVICES.
1. Personal Use
You acknowledge and agree that the Website and its videos are for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavor. You acknowledge that HealthiNation is providing the CONTENT on the website and in its videos as educational and informational only, and does not constitute medical advice. SEE MEDICAL DISCLAIMER ABOVE IN SECTION I. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, AND ARE WITHIN THE UNITED STATES, DIAL 911 IMMEDIATELY.
2. Viral Features
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, HEALTHINATION, or the Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, HEALTHINATION to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, HEALTHINATION and the Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, HEALTHINATION reserves the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), email us at webmaster@HEALTHINATION.com (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy).
We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
4. Transactions with Others
HealthiNation may enable third parties to advertise their products or may otherwise describe certain third party services on the Website. You agree that any such content shall not be considered an endorsement by HealthiNation of such products or services, and that HealthiNation shall not be liable for: (i) your interactions with any entity and/or individual on or through the Website, including but not limited to interactions involving the payment and delivery of goods and services, or (ii) any other terms, conditions, warranties or representations associated with such dealings. Any such dealings are solely between you and such entity and/or individual. You agree that HealthiNation is not responsible for any damage or loss incurred as a result of any such dealings.
5. Links to Other Websites
The HealthiNation Website may provide links to other websites of possible interest to you. Because we have no control over such websites, HealthiNation shall not be responsible for the availability of such websites and shall not be liable, directly or indirectly, for any content including without limitation any advertising, goods or services, or other materials on or available from such websites, or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content. Any such links are provided solely for your convenience, and HealthiNation does not endorse or otherwise recommend such websites or the products or services they offer or make any representation as to the accuracy or nature of the material supplied by such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
6. DISCLAIMER OF WARRANTIES
6.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. HEALTHINATION DOES NOT ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE CONTENT PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING ANY SUCH CONTENT. NO CONTENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. HEALTHINATION SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE. SPECIFICALLY, HEALTHINATION DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE.
6.2 HEALTHINATION DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF, (II) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED THEREIN, (III) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT APPEARING ON THE WEBSITE, OR (IV) ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. NEITHER HEALTHINATION NOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. FURTHERMORE, HEALTHINATION NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE WEBSITE, AND THE FACT THAT A BUSINESS OR PARTICULAR SERVICE IS OR IS NOT DESCRIBED ON THE WEBSITE IS NOT AN ENDORSEMENT OR LACK OF ENDORSEMENT OF ITS QUALITY OF SERVICE. HEALTHINATION ASSUMES NO RESPONSIBILITY FOR ANY RESOURCES LISTED ON THE WEBSITE.
6.3 HEALTHINATION DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF HEALTHINATION. YOU AGREE TO HOLD HEALTHINATION HARMLESS FOR ANY COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE THAT YOU MAY RECEIVE FROM ELECTRONIC MAIL SENT FROM US, AND YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SCAN ANY DOCUMENTS ATTACHED TO SUCH EMAILS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, AS TO THE QUALITY AND PERFORMANCE OF CONTENT CONTAINED THEREON, AS TO THE ACCURACY OR COMPLETENESS OF SUCH CONTENT, AND AS TO ELECTRONIC COMMUNICATION BETWEEN YOU AND HEALTHINATION IS ASSUMED SOLELY BY YOU.
7. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HEALTHINATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF HEALTHINATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY HEALTHINATION TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1,000).
V. RIGHTS AND RESPONSIBILITIES OF USERS.
1. Privacy and Confidentiality
2. Questions, Comments or Complaints
We very much welcome feedback from our users and take any complaint seriously. If you wish to communicate with us—make a complaint, offer a suggestion, report a broken link or malfunctioning video or have a question or request—please email us at email@example.com.
3. Disputes; Venue
If there is any dispute about or involving the Website, you agree that the dispute will be governed by the internal laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
Except as otherwise stated, any notice to us shall be given by certified mail to 35 East 21st Street, 5th Floor New York, NY 10010, or by e-mail to firstname.lastname@example.org, and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
The failure by HealthiNation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. Any provision of this Agreement which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement. This Agreement contains the entire agreement between you and HealthiNation regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
Last Update: December 2011
User Content Submission Agreement
IMPORTANT NOTE: You must meet the Age and Other Eligibility Requirements in Section 2 of this Submission Agreement and each and every time you submit or attempt to submit User Content, among other things, you will be asked to confirm your compliance.
1. Submitting User Content.
Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. Instructions for uploading User Content can be found on the Site's web page for the upload of User Content. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Site's web page for the upload of User Content. In order to submit User Content, you will also need to meet our Age Requirements (see Section 2 below).
When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term "User Content" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.
2. Age and Other Eligibility Requirements.
3. User Content Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Content does not reflect the views of HEALTHINATION, and HEALTHINATION does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content, or endorses or supports any opinions expressed in any User Content. In no event shall HEALTHINATION have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or any User Content you submit violates this Submission Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Submission Agreement, at law or in equity, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Submission Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the User Content Submission Features or any User Content are appropriate for any particular purpose or audience, or that any video, software or our User Content Submission Features may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Content including videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
- infringing on a third party's copyright or other intellectual property rights;
- causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;
- unauthorized access to the User Content Submission Features or information of other users;
- the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the User Content Submission Features; or
- any requirements, rules, terms or conditions that may be applicable to the User Content Submission Features.
HEALTHINATION does not control any User Content submitted, although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on our Site. HEALTHINATION reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Submission Agreement or to be unacceptable to HEALTHINATION for any reason or for no reason whatsoever; provided, however, that HEALTHINATION shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If HEALTHINATION receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see Section 4 below), we may remove User Content associated with such claim. HEALTHINATION reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright Infringement.
5. Rights Granted to HEALTHINATION.
In connection with all User Content you submit using the User Content Submission Features, you grant to HEALTHINATION the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site (regardless of the Device through which the Site may be accessed) and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of HEALTHINATION, (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to HEALTHINATION in its sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to HEALTHINATION these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.
By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting HEALTHINATION, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with HEALTHINATION and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by HEALTHINATION, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Submission Agreement and granted to HEALTHINATION shall commence immediately upon submission of your User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by HEALTHINATION on notice to you. Notwithstanding the foregoing, you acknowledge and agree that HEALTHINATION shall not be required or have any obligation to host, index, display, accept or use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and HEALTHINATION may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to HEALTHINATION. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted for approval prior to use.
You hereby release HEALTHINATION from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. HEALTHINATION has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to HEALTHINATION hereunder.
HEALTHINATION has the right to license, authorize and/or otherwise enter into agreements and arrangements with the Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Submission Agreement, in whole or in part. To the extent HEALTHINATION does so, when you submit User Content each Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to HEALTHINATION hereunder and related thereto as if you had entered into this Submission Agreement with such Parent Company or Affiliate directly.
HEALTHINATION retains all right, title and interest in and to the User Content Submission Features, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the User Content Submission Features.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Submission Agreement, as comprehensive and broad as they may seem or actually be, HEALTHINATION acquires no title or ownership rights in or to any User Content you submit and nothing in this Submission Agreement conveys to us any ownership rights in your User Content. HEALTHINATION is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of the Parent Companies or the Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), neither we, nor any of the Parent Companies or the Affiliates have any obligation to do any of these things.
You acknowledge that other persons may have submitted User Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of User Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.
7. Financial Consideration.
HEALTHINATION reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site, the User Content Submission Features or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your User Content may be displayed on or otherwise used by or in connection with the Site, the User Content Submission Features or other Platforms.
9. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE USER CONTENT SUBMISSION FEATURES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FEATURES. HEALTHINATION AND THE PARENT COMPANIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USER CONTENT SUBMISSION FEATURES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE USER CONTENT SUBMISSION FEATURES THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. HEALTHINATION DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS SUBMISSION AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. HEALTHINATION AND THE PARENT COMPANIES EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
This User Content Submission Agreement was last modified December 21, 2011 and is effective immediately.