TERMS AND CONDITIONS OF USE
FOR FACE TO FACE HEALTH WEB SITE
Last updated September 28,
2008
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions of Use
For Face to Face Health Web Site (“Terms
of Use”) constitute a legal agreement between you (an individual, not an
entity) and Face to Face Health, Inc., a Colorado corporation (together with
its officers, directors, employees and agents, “FacetoFace,” “we,” “our,” “us”), with respect to the FacetoFace Web site, including all
subpages under the Web site (collectively, the "Site"), and
all services provided to you directly or indirectly by FacetoFace and its advertisers,
suppliers and licensees (collectively, “Partners”),
on or through the Site (collectively, "Services"). These Terms of Use apply to all Services
that are provided without fees or charges (each a "Free Service").
By clicking on the "Accept"
button or otherwise using or accepting the Site and/or Services (the "FacetoFace
Offerings"), you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT USE THE
SOFTWARE, SITE OR SERVICES. YOU AGREE THAT YOUR USE OF THE SOFTWARE, SITE
AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS and CONDITIONS,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
We may modify these Terms of Use
from time to time and any modification will be effective when we post it on the
Site. Your continued use of the Services after we post revised Terms of
Use signifies your acceptance of the revised Terms of Use. It is
therefore important that you review the Terms of Use regularly to ensure you
are updated as to any changes. IF YOU DO
NOT ACCEPT THE MODIFIED TERMS THEN YOU SHOULD IMMEDIATELY CEASE USING THE SITE.
Areas of
the Site may have different terms posted. If there is a conflict between these
Terms and the terms posted for a specific area of the Site, the terms for the
specific area of the Site shall have precedence with respect to your use of
that area of the Site
This Site is
privately operated and is funded by revenue from advertisers,
revenue from the sale of de-identified data to Partners and funds from private investors.
INDEX
1. This Site Does Not Contain Medical
Advice
2.
Children’s Privacy
3.
Disclaimer of Warranties
4.
Limitation of Liability of FacetoFace and Partners
5.
Eligibility
6.
User Submissions
7.
Your Account and Passwords
8.
Groups
9.
Personal Data Entry and Storage
10.
Acceptable Use and
Content
11. Advertising,
and Links to Other Sites
12. Charges
and Billing
14.
Licenses and
Ownership
15.
Privacy Policy
Compliance
16.
Export Restrictions
Compliance
17.
Release
18.
Indemnity
19.
Jurisdiction
20.
General: Survival;
Severability; Entire Agreement
21.
Copyright Policy,
Notice Procedure and Agent
22.
Copyright
1. This Site Does Not Contain
Medical Advice
The contents of the
FacetoFace Site, such as text, graphics, images, information provided by
FacetoFace partners, by registered Users of the Site (“Members”) by other users of our Site that have not set up an
Account (“VISITORS”) and other material contained
on the FacetoFace Site (COLLECTIVELY,
"Content") are for
informational purposes only. THE
CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR
TREATMENT. Always seek the advice of your physician or other qualified health
provider with any questions you may have regarding a medical condition. Never
disregard professional medical advice or delay in seeking it because of
something you have read on the FacetoFace Site.
THE TRANSMISSION AND RECEIPT OF THE CONTENT, IN WHOLE
OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT
CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE
PROFESSIONAL RELATIONSHIP BETWEEN YOU AND FACETOFACE OR ANY OF ITS PARTNERS.
FacetoFace does not recommend or endorse any specific
tests, physicians, products, procedures, opinions, or other information that
may be mentioned on the Site. FacetoFace
does not provide rankings, ratings or reviews of any kind; all such information
on the Site is provided by Partners, Members or other Visitors to the Site. Reliance
on any information provided by FacetoFace, others appearing on the Site at the
invitation of FacetoFace, Members, or other Visitors to the Site, is solely at
your own risk.
The Site may contain health- or medical-related
materials that are sexually explicit. If you find these materials offensive,
you may not want to use our Site.
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2. Childrens’ Privacy
FacetoFace is committed to protecting the privacy of
children. You should be aware that this Site is not intended or designed to
attract children under the age of 13. We do not collect personally identifiable
information from any person we actually know is a child under the age of 13.
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3. Disclaimer of Warranties
The use of the FacetoFace
Site and the Content is at your own risk.
3.1 Site:
When using the FacetoFace
Site, information (including any personal information you choose to
enter) will be transmitted over a medium that may be beyond the control and
jurisdiction of FacetoFace. Accordingly,
FacetoFace assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted in
connection with use of the FacetoFace Site.
FacetoFace AND ITS PARTNERS MAKE NO REPRESENTATION, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY,
CURRENCY, AVAILABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED IN THIS
SITE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT LEGALLY PERMITTED
UNDER APPLICABLE LAW, FacetoFace
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. FacetoFace
AND ITS PARTNERS MAKE NO WARRANTY THAT: (A) THE
SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES,
OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3.2 Postings
and Uploads:
We do not and cannot review all Content posted or
uploaded to the Site, and we are not responsible for such Content. MESSAGES,
ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD
NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
3.3 Public
Areas:
The Site contains information that is available for
public viewing including individual profiles and other information that is
flagged as “public,” Forums, Groups, Reference Information, and Healthy News (collectively
"Public Areas"). We also
make all Public Information available to search engines like Google and
others. The Site also contains
information that is available for viewing by designated Members, including any
individual profiles, diaries and other information that is flagged as “friends
only” (collectively “Semi-Public Areas”).
If you upload information to Public or Semi-Public Areas of our Site, you are
solely responsible for your own communications, the consequences of posting
these communications, and your reliance on any communications in the Public and
Semi-Public Areas. FacetoFace is not responsible for the consequences of any communications in Public
and Semi-Public Areas.
In cases where you feel threatened or believe that
someone else is in danger, you should contact your local law enforcement agency
immediately. In cases where you feel someone is abusing the Site or your
information in violation of these Terms of Use, you should report it to us at
Report Abuse
or by email
at abuse@facetofacehealth.org so that we can review the situation and take any action that we deem
appropriate. If there is a dispute
between you and any third party (including, without limitation, any of our
partners or licensees, or any Visitor or Member), FacetoFace is under no obligation to become involved.
3.4 Geographic
Disclaimer:
FacetoFace is based and maintains principal offices in
Louisville, Colorado, in the United States of America. The Site is administered
by FacetoFace from
Louisville, Colorado, and is intended for users who are United States
residents. FacetoFace makes no claims
that the Site is appropriate or may be downloaded outside of the United States.
Access to the Site and Content may not be legal for some persons or in some
countries outside the United States. If you elect to access and use the Site
and Content from outside of the U.S., you do so at your own risk and are solely
responsible for complying with applicable laws and regulations.
3.5 International
Users:
Personal information that is submitted to this Site will
be collected, processed, stored, disclosed and disposed of in accordance with
applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you
acknowledge and agree that FacetoFace may collect and use your personal information
and disclose it to other entities outside your resident jurisdiction. In addition,
such Information may be stored on servers located outside your resident jurisdiction.
U.S. law may not provide the degree of protection for personal information that
is available in other countries. By providing us with your personal information,
you acknowledge that you consent to the transfer of such Information outside your
resident jurisdiction as described in our Privacy Policy. If you do not consent
to such transfer, you may not use this Site.
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4. Limitation of Liability of
FacetoFace and Partners
AS PARTIAL CONSIDERATION FOR
YOUR ACCESS TO OUR SITE AND USE OF ITS CONTENT, YOU AGREE THAT FACETOface, our
PARTNERS or any OTHER third parties mentioned on the FacetoFace Site are NOT
LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR
ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE
AGGREGATE LIABILITY OF FACETOface, our PARTNERS or any OTHER third parties
mentioned on the FacetoFace Site, ARISING FROM OR RELATED TO YOUR USE AND
ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT,
WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD,
INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO the greater of THE fees
you paid for the services that gave rise to the claim or fifty dollars ($50).
FACETOface, our PARTNERS or any OTHER third parties mentioned on the FacetoFace
Site, SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF FACETOface or any
partner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A
COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF
ANY KIND. IF YOU ARE DISSATISFIED WITH OUR SITE OR ITS CONTENT (INCLUDING these
TERMS OF USE and our privacy policy), YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING OUR SITE.
FacetoFace, our PARTNERS or any OTHER third parties
mentioned on the FacetoFace Site, are not liable for any personal injury,
including death, caused by your use or misuse of the Site or any Content. Any claims arising in connection with your
use of the Site or any Content must be brought within one (1) year of the date
of the event giving rise to such action occurred. Remedies under these Terms of
Use are exclusive and are limited to those expressly provided for in these
Terms of Use. Notification of potential claims can be sent to:
Face to Face Health, Inc.
357 S. McCaslin Blvd., Ste. 200
Louisville CO 80027
BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
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5. Eligibility
Use of the FacetoFace Offerings and registration to be
a Member is void where prohibited. By using the FacetoFace Offerings, you
represent and warrant that (a) all Account registration information you
submit is truthful and accurate; (b) you will maintain the accuracy of
such information; (c) you are 13 years of age or older; and (d) your
use of the Site and the Services does not violate these Terms of Use or any
applicable law or regulation. Your profile may be deleted and your Account
may be terminated without warning, if we believe that you are under 13 years of
age or if you violate these Terms of Use.
6. User Submissions
The personal information you submit to the FacetoFace
Site is governed by the Face
to Face Health, Inc.
PRIVACY POLICY
. To the extent there is an inconsistency between
these Terms of Use and the Privacy Policy these Terms of Use will govern.
6.1 General:
You agree that you will not upload or transmit any
communications or content of any type to the Public or Semi-Public Areas that
infringe or violate any rights of any party. By submitting communications or Content
to the Public Area, you agree that the submission is non-confidential for all
purposes. By submitting communications
or Content to the Semi-Public Area you agree that the submission is
non-confidential for any use by individuals you designate as “Friends.”
You agree that you will not
send or transmit to FacetoFace by email, (including through the "Contact
Us" link) any communication or content that infringes or violates any
rights of any party. If you submit any business information, idea, concept or
invention to FacetoFace by email, you agree such submission is non-confidential
for all purposes. If you wish to keep any business information, ideas, concepts
or inventions private or proprietary, do not submit them to the Public Areas,
the Semi-Public Areas or to FacetoFace by email.
6.2 Image, video, audio files:
You agree to only post or
upload “Media” (like photos, video or audio files) that you have taken
yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other
rights of any other person. Photos or videos of celebrities and cartoon or
comic images are usually copyrighted by the owner.
To protect your privacy, you
agree that you will not upload any media that contains Personally Identifiable
Information (like name, phone number, email
address or web site URL) of you or of anyone else. Uploading Media like images
or video of other people without their permission is strictly prohibited.
By uploading any Media on the Site, you warrant that
you have permission from all persons appearing in your media for you to make
this contribution and grant rights described herin. Never post a picture or video of or with someone else unless you have
their explicit permission.
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7. Your Account and Password
To become a Member, you must create an account ("Account") by registering. To begin the registration process you must
first accept these Terms of Use. When
you accept these Terms of Use, you acknowledge that you are also agreeing to opt-in
to our email notification services.
During the
registration process, you will be asked to choose a username and a password for
your Account. To protect your privacy, your user name should not be similar to
your actual name. Your password must be
at least six (6) characters and can include both letters and numbers. You are entirely responsible for maintaining
the confidentiality of your password. You
agree not to use the Account, username, or password of another Member at any
time and if you suspect any unauthorized use of your Account or access to your
password you agree to notify FacetoFace immediately at
Report Abuse
or by email at abuse@facetofacehealth.org so that we can review the situation and take any action that we deem
appropriate. You are solely responsible for any and all
Content that is posted by or through your Account on the Site, including any
e-mail, and for your interactions with any Partner, Member or Visitor.
You are responsible for taking all reasonable steps to ensure that no
unauthorized person has access to your FacetoFace passwords or accounts. It is
your sole responsibility to (1) control the distribution and use of
activation codes and passwords; (2) authorize, monitor, and control access
to and use of your FacetoFace account and password; and (3) promptly
inform FacetoFace of any need to deactivate a password.
You grant FacetoFace and all other persons or entities
involved in the operation of the Site the right to transmit, monitor, retrieve,
store, and use your information in connection with the operation of the Site in
accordance with our
PRIVACY POLICY
. FacetoFace cannot and does not assume any responsibility or liability
for any information you submit, for the designation of information as available
to the Public or Friends, or for your or third parties' use or misuse of
information transmitted or received using FacetoFace Services.
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8. Groups
FacetoFace Groups ("Groups ") enables Members to create and maintain their own
Social Groups within the Site. A Group consists of those Members who elect to
join a community created, moderated and maintained by another Member known as
the "Owner." If an Owner creates
a Group for, or on behalf of, a corporation or entity, you represent that you
have the legal authority to do so and are deemed to have accepted the Terms on
behalf of that entity, and the Terms will be binding upon the corporation or
entity and any person which it permits to access and use the Groups Service in
any way. Groups formed in violation of the Terms of Use are prohibited and may
be removed at FacetoFace 's sole discretion including, without limitation,
Groups that promote or link to commercial products or services, Groups that
promote racist, hateful or abusive content promoted by the Site.
GROUP USE AND CONTENT:
Responsibility for Group use and content is with the Owner. The Owner (i) must post new Content and
actively participate in the Group at least once every thirty (30) days;
(ii) is solely responsible for all activity in the Group and agrees to
hold FacetoFace harmless for the acts and omissions of the Owner and any
designated administrators, and shall notify FacetoFace upon changing the Owner;
(iii) has the authority to add or remove Members and Content from the
Group provided that the Owner must obtain a Member's consent in order to add a
Member to the Group; (iv) may add links to other websites to the Group
provided the links are functional and do not violate the Terms of Use;
(v) may contact members of the Group subject to these Terms of Use
and policies and procedures FacetoFace
may establish from time to time; (vi) may not use the Group for the
explicit purpose of archiving files; (vii) may not repurpose, transmit or
repost Content from the Group without the express written consent of FacetoFace;
(viii) may add its own advertising information to the Group provided such
advertising does not violate the Terms of Use and provided the Owner has
obtained the express written consent of FacetoFace; and (ix) may display
its trademarks, logos and services marks, subject to the license in Section 14
below, for as long as the Group remains on the Site.
ENFORCEMENT: FacetoFace,
in its sole discretion and without notice of any kind, has the right to
(i) disallow the creation of and/or terminate any Group for any reason
including inactivity or an Owner's failure to monitor the Group; (ii) remove
Content, Members and links from any Group; and (iii) modify or cancel the
Groups Service at any time and for any reason.
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9. Personal Data Entry and Storage
FacetoFace has several tools that allow you to record,
upload and store your personal information on the Site and
to designate items of information as “Public,” “Friends,” or
“Private.” Information flagged
as “Public” can be viewed by anyone who uses the site. Information flagged as “Friends” can
be viewed only by those Members whom you designate as a “Friend” in your
healthcare profile. Information
flagged as “Private” can only be viewed by you and the FacetoFace System
Administrator in accordance with our
PRIVACY POLICY
. FacetoFace has features that allow Members and
Visitors to search information in Public Areas and in your Friends areas to
compare and match your information with that of other Members. Information
that you flag as "Private" information will not be available for matching
services. Information that you flag as “Public”
and “Friends” and designate as “use for matching” will be available for
matching services and can be used and accessed by other Members for matching.
You are responsible for deciding what personal
information to post, whether to flag personal information as Public, Friends or
Private, and whether or not to designate it for matching. You are responsible
for taking all reasonable steps to ensure that no unauthorized person has
access to your personal information without your authorization. It is your sole
responsibility to (1) decide what personal information to upload to the
Site and how to flag it; (2) control and monitor all of your personal
information on the site, (3) control and monitor personal information that
you designate for matching, and (4) authorize, monitor and control users
that you designate as “Friends.” Notwithstanding the foregoing, FacetoFace, in
its sole discretion and without notice of any kind, has the right to remove
Content from any area, including without limitation from your Healthcare
profile, Biography, Announcements, Group Postings, Forum Postings, Healthy News
articles, or comments on other Members of the site.
FacetoFace
cannot and does not assume any responsibility or liability for any information
you submit, for the designation of information as available to the Public or
Friends for matching, or for your or third parties' use or misuse of
information transmitted or received using FacetoFace Services.
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10. Acceptable Use and Content
In consideration of being allowed to use the Public
and Semi-Public Areas, you agree that the following actions will constitute a
material breach of these Terms of Use and you agree that you will NOT:
·
Use a Public or Semi-Public
Area for any purpose in violation of local, state, national, or international
laws;
·
Post material that infringes
on the intellectual property rights of others or on the privacy or publicity
rights of others;
·
Post material that is
unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous,
hateful, or embarrassing to any other person or entity as determined by
FacetoFace in our sole discretion;
·
Post advertisements or
solicitations of business;
·
After receiving a warning,
continue to disrupt the normal flow of dialogue, or posting comments that are
not related to the topic being discussed;
·
Post chain letters or pyramid
schemes;
·
Impersonate another person;
·
Distribute viruses or other
harmful computer code;
·
Harvest or otherwise collect
information about others, including email addresses, without their
identification for posting or viewing comments;
·
Allow any other person or
entity to use your user name and password for posting or viewing comments
·
Post the same note more than
once or "spamming;"
·
without our express written
permission, introduce software or automated agents to the Site so as to produce
multiple accounts, generate automated messages, or to strip or mine data from
the Site;
·
Engage in any other conduct
that restricts or inhibits any other person from using or enjoying any Public
Area, Semi-Public Area or the Site, or which, in our judgment, exposes
FacetoFace or any of our Members, Visitors, partners, licensees or suppliers to
any liability or detriment of any type; or
·
Disassemble, reverse
engineer, analyze, decompile, modify, convert or translate the Site or any of
its components.
ENFORCEMENT BY FACETOFACE: We have the right (but not the obligation) to review any Content and without
notice delete (or modify) any Content that in our sole judgment violates these
Terms of Use or which is prohibited Content, or may otherwise violate the
rights, harm, or threaten the safety of any Visitor, Member, or any other
person, or create liability for us or any Visitor or Member. We also have the right to flag an account as ‘abuser,’ without notice to the account holder, so
that the account holder will see their posts and information, but their
information will not be displayed to anyone else in the site.
We reserve the right (but have no obligation) to
investigate and take appropriate legal action in our sole discretion against
you if you violate this provision or any other provision of this Agreement,
including without limitation, removing the prohibited Content from the Site (or
modifying it), terminating your membership, reporting you to law enforcement
authorities, and taking legal action against you. You understand and agree that
FacetoFace is under no obligation to display, reproduce, or distribute the
Content that you post.
FacetoFace or its licensors have no liability or
responsibility to users of the Site or any other person or entity for
performance or nonperformance of any of the activities listed above.
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11. Advertising, and
Links to Other Sites
Our Site is funded in part through advertising revenue.
We actively seek advertising partners. Their participation in our Site is governed
by our
Advertising Policy
. We may agree to allow advertisers to respond
to certain search terms you use on the Site with advertisements or sponsored content.
FacetoFace may de-identify information that you supply
in Public and Semi-Public Areas of the Site and sell that information, in accordance with our
PRIVACY POLICY
, to our Partners.
We may provide links to other web sites. We also may
select certain sites as priority responses to search terms you enter.
FacetoFace
does not recommend and does not endorse the content on any other website.
FacetoFace is not responsible for the content of linked third-party sites,
third-party sites framed within the FacetoFace Site, third-party sites provided
as search results, or third-party advertisements, and does not make any
representations regarding their content or accuracy. Your use of third-party
websites is at your own risk and subject to the terms and conditions of use for
such sites. FacetoFace does not endorse any product, service, or treatment
advertised on the FacetoFace Site.
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14. Licenses and Ownership
14.1 Licenses You Grant to Us:
LICENSE FOR SITE
OPERATION: You grant FacetoFace and all other persons or entities involved in the
operation of the Site a royalty-free, perpetual, irrevocable, world-wide
nonexclusive license to transmit, monitor, retrieve, store, reformat, translate
and use your Personal Information in connection with the operation of the
Site.
LICENSE TO CONTENT IN
PRIVATE AREAS: If you make any
submission, including without limitation Personal Information and Media, to a
Private Area of the Site (“Private Content”), you automatically grant FacetoFace
a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to
de-identify (in other words, strip out personal identifying information such as
your name, birth date, street address, email address) all Private Content and
to use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, publicly display, reformat and/or translate
such de-identified Private Content. FacetoFace may sublicense its rights
to Private Content through multiple tiers of sublicenses.
LICENSE TO CONTENT IN PUBLIC
AND SEMI-PUBLIC AREAS: If you make any
submission, including without limitation Personal Information and Media, to a
Public or Semi-Public Area of the Site or if you submit any business
information, idea, concept or invention to FacetoFace by email, (collectively, “Public Content”)
you automatically grant, or you warrant that the owner of such content or intellectual property has expressly
granted, to FacetoFace a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, publicly display, reformat and/or translate the Public
Content in any media or medium, or any form, format, or forum now known or
hereafter developed. FacetoFace
may sublicense its rights to Public Content through multiple tiers of
sublicenses.
LICENSE TO MARKS:
If you are the Owner of a Group and you post trademarks, logos, service
marks and trade dress (collectively, “Marks”)
of any kind, you automatically grant, or warrant that the owner of the Marks
has expressly granted, to FacetoFace a non-exclusive, royalty-free license to
reproduce and publicly display the Marks on the Site for as long as the Group
remains on the Site.
14.2 Licenses We Grant to You:
LICENSE TO CONTENT:
We hereby grant you, subject to these Terms of Use, a non-exclusive,
limited and revocable license to view and use this Site. You may download
Content only for your personal, informational, or non-commercial purposes but
no alteration, modification or further reproduction is permitted. No other use
or reproduction of the Content is authorized. In consideration of this
authorization, you agree that any copy of the Content that you make shall
retain all copyright and other proprietary notices in the same form and manner
as on the original. You may not otherwise use, download, upload, print, display,
perform, reproduce, publish, license, post, transmit, modify, adapt, or
distribute any Content in whole or in part without our express written
authorization.
LICENSE TO LINK:
We hereby grant you, subject to these Terms of Use, a non-exclusive,
limited, and revocable license to link to this Site. You may not present the
link to this Site in a way that associates this Site with advertising or
creates an impression or inference that this Site endorses any organization,
product, or service including, without limitation, the website displaying the
link. Further, you agree that you will not misrepresent your relationship with
FacetoFace, present false information about FacetoFace, our Partners, products
or Services, or place a link to this Site on a website that that could be
construed as, or that a reasonable person may consider, obscene, defamatory,
harassing, grossly offensive, or malicious. We reserve the right to revoke this
license generally, or the right to revoke this license as to specific links, at
any time without notice. If we revoke this license, you agree to remove and
disable any and all of your links to this Site immediately.
14.3 Ownership:
Content on this Site may be protected by copyright and
other laws. Except as specified above, nothing contained in these Terms of Use
shall be construed as conferring by implication, estoppel, or otherwise any
license or right under any patent, trademark or copyright of FacetoFace, any
Partner or any other third party. The trademarks, logos, trade dress and service
marks ("Marks") displayed
on the Site are the property of FacetoFace or other third parties. You are not
permitted to use these Marks without the prior written consent of the party
that owns the Mark.
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15. Privacy Policy Compliance
Please review our
PRIVACY POLICY
. By accessing the Site, you are
agreeing to be legally bound by the Privacy Policy, which is incorporated into
these Terms by reference.
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16. Export Restrictions Compliance
You may not access, download, use or export the Site,
content, products or services provided on the Site in violation of U.S. export
laws or regulations, or in violation of any other applicable laws or
regulations. By downloading or using the Site and its Contents, you represent
and warrant that such download or use is not in violation of any such law.
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17. Release
You hereby release us, our officers, employees, agents,
Partners, and our and their successors, from claims, demands any and all
losses, damages, rights, claims, and actions of any kind including, without
limitation, personal injuries, death, and property damage, that is either
directly or indirectly related to or arises from: (i) any interactions with
other Visitors and Members, (ii) any incorrect or inaccurate Content
(including, without limitation, any information in Accounts) posted on the
Site, whether caused by us, Partners, Visitors or Members or by any of the
equipment or programming associated with or utilized in the Site, or (iii)
conduct of any Visitor or Member.
If you are a California resident, you hereby waive
California Civil Code Section 1542, which states: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
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18. Indemnity
You agree to defend, indemnify, and hold FacetoFace and
its Partners harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your violation of
these Terms of Use.
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19. Jurisdiction
You expressly agree that:
·
Exclusive jurisdiction for
any dispute with FacetoFace, or in any way relating to your access to and use
of the FacetoFace Site and these Terms of Use shall be governed by U.S. federal
law or the laws of the State of Colorado.
·
Any legal action or
proceeding relating to your access to or use of the Site shall be instituted in
a state court located in Boulder County Colorado or in a federal court in the
District of Colorado and no other venue.
You and FacetoFace agree to submit to the exclusive
jurisdiction of, and agree that venue is proper in, these courts in any such
legal action or proceeding.
These Terms of Use are governed by the internal substantive
laws of the State of Colorado, without respect to its conflict of laws
principles. If any provision of these Terms of Use is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms of Use,
which shall remain in full force and effect. No waiver of any of these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
any other term or condition.
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20. General
20.1 Survival
The following provisions survive the expiration or
termination of this Agreement for any reason whatsoever: (4) Liability of FacetoFace,
(5) Eligibility (6) User Submissions, (15) Privacy Policy Compliance,
(16) Export Restrictions Compliance, (17) Release, (18) Indemnity,
(19) Jurisdiction, and (20) General.
20.2 Severability
In the event that any term or condition of these Terms
is not fully enforceable or valid for any reason, such term(s) or condition(s)
shall be severable from the remaining terms and conditions. The remaining terms
and conditions shall not be affected by such unenforceability or invalidity and
shall remain enforceable and applicable.
20.3 Entire Agreement
These Terms of Use (which include our Privacy Policy and
any other rules posted on the Site) constitute the entire agreement between you
and FacetoFace with respect to your use of the FacetoFace Offerings. Our failure to exercise or enforce
any right or provision of these Terms of Use will not operate as a waiver of
such right or provision.
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21. Copyright Policy, Notice
Procedure and Agent
21.2 Copyright Policy; Agent
We respect the intellectual property rights of others
and in these Terms of Use we prohibit users from uploading, posting or
otherwise transmitting on the Site or any Service any materials that violate
another party's intellectual property rights. When we receive notification of
alleged copyright infringement that contains all of the elements described below,
we will remove or disable access to the allegedly infringing material and in
appropriate circumstances terminate the accounts of repeat infringers in
compliance with the Digital Millennium Copyright Act. If you believe that any
material on the Site infringes upon any copyright which you own or control, you
may send a written notification of such infringement to our Copyright Agent.
Upon receiving a proper notification of alleged
copyright infringement as described in Section 21.2 below, we will remove or
disable access to the allegedly infringing material and promptly notify the
alleged infringer of your claim. We also will advise the alleged infringer of
the DMCA statutory Counter Notification procedure described below in Section
21.3 below by which the alleged infringer may respond to your claim and request
that we restore this material.
21.2 How to File a Notice of
Alleged Copyright Infringement
If you are a copyright owner or an agent thereof and
believe that any Content infringes upon your copyrights, you may submit a
notification of an alleged copyright infringement pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
·
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 at a single online site are covered by a single
·
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 you, such as an address,
telephone number, and, if available, an electronic mail;
·
A statement that you have 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; and
·
A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
COPYRIGHT AGENT: The FacetoFace
Copyright Agent for notification of claimed infringement can be reached as
follows:
By mail: Copyright Agent, FacetoFace Health, Inc., 2011
Cherry Street, Suite 112, Louisville CO 80027;
By facsimile: (303) 926-6737, Attn: Copyright
Agent.
By email: copyrightagent@facetofacehealth.org.
For clarity, only DMCA notices
should go to the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to FacetoFace
Customer Service through
Contact Us
. You acknowledge that if you fail to comply
with all of the requirements of this Section 21.2, your DMCA notice may not be
valid. In addition, you may be liable for damages, including court costs and
attorney fees if you materially misrepresent that content on our website and/or
service is copyright infringing. Filing a false claim constitutes perjury.
21.3 Counter Notification
If you believe that your Content was
removed (or to which access was disabled) is not infringing, or that you have
the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your Public, Semi-Public
and Private Areas of our Site, you may send a counter-notice containing the
following information to our Copyright Agent:
·
Your physical or electronic
signature;
·
Identification of the content
that has been removed or to which access has been disabled and the location at
which the content appeared before it was removed or disabled;
·
A statement that you have a
good faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
·
Your name, address, telephone
number, and e-mail address, a statement that you consent to the jurisdiction of
the federal court in the District of Colorado, and a statement that you will
accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by
our Copyright Agent, we may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed content
or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the
removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at our sole discretion.
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22. Copyright
Copyright ©2008 Face to Face Health, Inc., 357 S. McCaslin Blvd., Ste. 200,
Louisville CO 80027. All rights reserved. We or our Content
providers own all of the content on our web site, including text, customized
graphics, photographs, music, data, images, audio and video clips and software.
This property is protected by U.S. and international copyright laws. In
addition, the manner in which we have compiled, arranged and assembled our
content is protected by worldwide copyright laws and treaty provisions.
CONTACT US: If you have questions or
comments regarding these Terms of Use
or the Site, including any reports of non-functioning links, please
submit them electronically at
Contact Us
or you can contact us via U.S. mail to Customer
Services, Face to Face Health, Inc., 357 S. McCaslin Blvd., Ste. 200, Louisville
CO 80027.
I HAVE READ THIS AGREEMENT AND AGREE
TO ALL OF THE PROVISIONS CONTAINED ABOVE