1. ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of The Social Clinic’s website [http://www.thesocialclinic.com], including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in The Social Clinic’s website [http://www.thesocialclinic.com], sets forth the terms and conditions that apply to use of The Social Clinic’s website [http://www.thesocialclinic.com] by User. By using The Social Clinic (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use The Social Clinic’s website [http://www.thesocialclinic.com] is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. The Social Clinic shall have the right at any time to change or discontinue any aspect or feature of The Social Clinic’s website [http://www.thesocialclinic.com], including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The Social Clinic shall have the right at any time to change or modify the terms and conditions applicable to User’s use of The Social Clinic’s website [http://www.thesocialclinic.com], or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The Social Clinic’s website [http://www.thesocialclinic.com], or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of The Social Clinic’s website [http://www.thesocialclinic.com] by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, The Social Clinic provides User with access to a variety of resources, including download areas, communication forums and service information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
4. USER CONDUCT
A. User shall use The Social Clinic’s website [http://www.thesocialclinic.com] for lawful purposes only. User shall not post or transmit through The Social Clinic’s website [http://www.thesocialclinic.com] any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The Social Clinic ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in The Social Clinic ‘s discretion restricts or inhibits any other User from using or enjoying The Social Clinic’s website [http://www.thesocialclinic.com] will not be permitted. User shall not use The Social Clinic’s website [http://www.thesocialclinic.com] to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with The Social Clinic .
B. The Social Clinic’s website [http://www.thesocialclinic.com] contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of The Social Clinic’s website [http://www.thesocialclinic.com] are copyrighted as a collective work under copyright laws. The Social Clinic owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Social Clinic and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on The Social Clinic’s website [http://www.thesocialclinic.com] any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The Social Clinic’s website [http://www.thesocialclinic.com], User automatically grants, or warrants that the owner of such material has expressly granted The Social Clinic the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants The Social Clinic the right to edit, copy, publish and distribute any material made available on The Social Clinic’s website [http://www.thesocialclinic.com] by User.
D. The foregoing provisions of Section 4 are for the benefit of The Social Clinic, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The Social Clinic has no obligation to monitor the Communication Services. However, The Social Clinic reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Social Clinic reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Social Clinic reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Social Clinic’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. The Social Clinic does not control or endorse the content, messages or information found in any Communication Services and, therefore, The Social Clinic specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized The Social Clinic spokespersons, and their views do not necessarily reflect those of The Social Clinic.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing The Social Clinic with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify The Social Clinic immediately of any unauthorized use of User’s account or any other breach of security. The Social Clinic will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by The Social Clinic or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
7. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets, blog posts, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE SOCIAL CLINIC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. The Social Clinic AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL The Social Clinic AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SOCIAL CLINIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE(S) AND/OR PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
8. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL THE SOCIAL CLINIC AND/OR ITS RESPECTIVE AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
9. MATERIALS PROVIDED TO THE SOCIAL CLINIC OR POSTED AT ANY OF ITS WEBSITES
The Social Clinic does not claim ownership of the materials Users provide to The Social Clinic (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting The Social Clinic, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all The Social Clinic Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com] IS AT USER’S SOLE RISK. NEITHER THE SOCIAL CLINIC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com] WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com], OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com].
B. THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com] IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE SOCIAL CLINIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL THE SOCIAL CLINIC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com] OR THE THE SOCIAL CLINIC’S SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE SOCIAL CLINIC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SOCIAL CLINIC’S WEBSITE [http://www.thesocialclinic.com], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
11. LINKS TO THIRD PARTY SITES
SOME LINKS IN THIS WEBSITE WILL LET YOU LEAVE THE SOCIAL CLINIC’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE SOCIAL CLINIC AND THE SOCIAL CLINIC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE SOCIAL CLINIC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE SOCIAL CLINIC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE SOCIAL CLINIC OF THE SITE.
Regarding user comments, thoughts, publications and uploads: The Social Clinic is a distributor (and not a publisher) of such content supplied by third parties and Users. Although The Social Clinic proactively engages in hands-on community management, some of the content published by users and third party members may remain unnoticed by The Social Clinic’s Community Management Team. Accordingly, The Social Clinic has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of The Social Clinic’s website [http://www.thesocialclinic.com], are those of the respective author(s) or distributor(s) and not of The Social Clinic. Neither The Social Clinic nor any of its affiliates guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through The Social Clinic’s website [http://www.thesocialclinic.com] represents the opinions and judgments of the respective information provider, User, or other user not under contract with The Social Clinic. The Social Clinic neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Social Clinic’s website [http://www.thesocialclinic.com] by anyone other than authorized The Social Clinic employee spokespersons while acting in their official capacities. Under no circumstances will The Social Clinic be liable for any loss or damage caused by a User’s reliance on information obtained through The Social Clinic’s website [http://www.thesocialclinic.com]. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Social Clinic. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
The Social Clinic shall have the right, but not the obligation, to monitor the content of The Social Clinic’s website [http://www.thesocialclinic.com], including chat rooms, blog comments, comments, and forums, to determine compliance with this Agreement and any operating rules established by The Social Clinic and to satisfy any law, regulation or authorized government request. The Social Clinic shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Social Clinic’s website [http://www.thesocialclinic.com]. Without limiting the foregoing, The Social Clinic shall have the right to remove any material that The Social Clinic, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless The Social Clinic, its affiliates, ecosystem, sister companies and their respective management, directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of The Social Clinic by User or User’s Account.
The Social Clinic may terminate this Agreement at any time. Without limiting the foregoing, The Social Clinic shall have the right to immediately terminate User’s Account in the event of any conduct by User which The Social Clinic, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
16. COPYRIGHT NOTICE
The Social Clinic and its logos are trademarks of The Social Clinic Ltd. All rights reserved. All other trademarks appearing on The Social Clinic’s website [http://www.thesocialclinic.com] are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious.=
18: CONTACT INFORMATION
18: EFFECTIVE DATE
Any rights not expressly granted herein are reserved.