Spinalpedia Terms of Use

 

Introduction: Binding Contract

Welcome to spinalpedia.com, an online service sponsored by the Determined2Heal Foundation, Inc. that enables persons suffering from spinal cord injury or paralysis, and their family, friends and health service providers, to provide knowledge, outreach and awareness, and to exchange personal stories and information, to interested parties and individuals afflicted or affected by paralysis and spinal injury (the "Site"). This Site does not dispense medical advice and is not a substitute for treatment by a qualified medical professional.

By using the Site you signify that you have read, understand and agree to be bound by these Terms of Use and the accompanying Privacy Policy. We (operating through our Spinalpedia division) reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Use and Privacy Policy at any time. If we do so, we will post the changes on this page or email you a notice, in each case indicating the effective date. Your continued use of the Site after notice constitutes your acceptance of the modified Terms of Use or Privacy Policy. If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Site.

Rules of Conduct

You agree that you may only use the Site for your own personal and non-commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:

  • use the Site as a means to solicit patients or sell medical or other commercial products or services;
  • violate or infringe the copyrights, privacy or publicity rights, or other rights of any person;
  • post or submit libelous, defamatory, pornographic, obscene, harassing, abusive, harmful, racially offensive, annoying or otherwise actionable or objectionable material;
  • post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam, pyramid schemes, or chain letters;
  • use automated scripts, spiders, bots or similar means to harvest or collect Member information or other information from the Site;
  • use the Site in a manner that could damage, disable or overburden the Site or violate the law;
  • impersonate or misrepresent your affiliation with any person or entity; or
  • upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
  • use this Site to display sexually explicit material of any kind in an area that is not categorized for "Mature Content";
  • post or submit any content that is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding);
  • post or submit any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • post or submit any content originally posted by another member without permission or attribution.
Spinalpedia considers the following content to be Mature ("Mature Content"):

  • Nudity
  • Explicitly sexual content - visual depictions or written descriptions
  • Intense depictions or descriptions of violence or gore
  • Obscene gestures
  • Profanity that is sexual in nature or that is directed at another member
  • Discussions or information about illicit substances
Note: Hate speech is not acceptable and will not be tolerated on Spinalpedia. As defined by Spinalpedia, hate speech may consist of symbols or images, as well as text.

Spinalpedia defines sexually oriented content as any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing carried.

You agree that Spinalpedia may terminate your access and membership for violating any Rules of Conduct or Terms of Use, for any behavior that is inconsistent with Spinalpedia's image or values, or for any other reason.

Site Content

You acknowledge that Spinalpedia and its licensors own all rights, title and interest in all content on the Site (except "Personal Content," as defined below), including but not limited to the Site's design, text, graphics and files, and their selection and arrangement (the "Site Content"), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Site Content, except as may be expressly permitted by Spinalpedia. You may download and print reasonable portions of the Site Content, including any Personal Content of other Members, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content or other Members' Personal Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Site Content not expressly authorized by Spinalpedia (or directly by the person who submitted that Site Content) is prohibited.

All trademarks, logos, trade dress and service marks on Site are trademarks of Spinalpedia or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.

Personal Content

You are solely responsible for all images and other content that you publish or display on or by using the Site or that you transmit to other Members, including any video files you upload (collectively the "Personal Content"). You understand and agree that Spinalpedia may review, edit and remove any Personal Content that in its sole judgment violates these Terms of Use or creates other problems; but you also acknowledge that Spinalpedia has no obligation to do so and makes no promise that it will.

Although you retain ownership of your Personal Content, by posting any Personal Content on the Site and electing to make it viewable by Members and others, you grant Spinalpedia and its partnered affiliates an irrevocable, perpetual, Creative Commons Attribution Works 3.0 Unported License (for the full terms, see http://creativecommons.org/licenses/by/3.0/) and you grant other Members an irrevocable, perpetual Creative Commons Attribution-Non-Commercial-No Derivative Works 3.0 Unported License (for the full terms, see http://creativecommons.org/licenses/by-nc-nd/3.0) (together, the "CC Licenses"), except that upon termination of your membership (i) at your request we will discontinue displaying and using your Member Profile (subject to limited holdover rights -- see our Privacy Policy for further details) and (ii) you may request that we remove any other Personal Content you have posted, but whether we do so is in our discretion (and in some cases may not even be possible).

If your Personal Content incorporates any writings, images or other content from any third party, you represent that you have express permission to do so and to grant the above CC Licenses to this content, or that you have another sound basis (such as fair use) for doing so. If you do not, you are not permitted to post such content on the Site. You will be responsible for, and indemnify Spinalpedia and its other Members from, any damages, losses or third party claims caused by a violation of these Terms of Use or from any problems arising from your Personal Content (including problems that arise from a person's using it as its CC License permits; you will also reimburse Spinalpedia from any reasonable attorneys' fees or costs we incur in dealing with these issues.

Copyright Policy

It is Spinalpedia's policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Site Content or materials appearing on this Site contains infringing materials or infringing property, please send a notice to us at the address below.

Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant 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; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links and References

This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. Spinalpedia does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.

This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user's reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here.

If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.

Privacy

By clicking the following link, you may review Spinalpedia's Privacy Policy.

Disclaimers

Spinalpedia is not responsible for any incorrect or inaccurate Site Content, including Personal Content, posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any Member or other user of the Site. Any information presented on the Site is for the purpose of sharing, comfort and education, and should not be construed as medical diagnosis or treatment, nor used as a substitute for the care of qualified medical professionals. Always consult with your physician or other qualified medical source before trying a new treatment, regiment, fitness program, therapy or diet. Do not disregard medical advice because of something you read on or in connection with this Site.

Without limiting the above, Spinalpedia assumes no responsibility for:

  • any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications;
  • problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
  • injury or damage to users', Members' or other persons' computers or networks resulting from participating or downloading materials in connection with the Site.
Under no circumstances will Spinalpedia be responsible for any loss or damage resulting from anyone's use of the Site, any Site Content posted on the Site or communicated to Members, or any interactions between users of the Site, online or offline. THE SITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND SPINALPEDIA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.

Limitation on Liability

IN NO EVENT WILL SPINALPEDIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE, ERRORS IN SITE CONTENT, DEFECTS IN PRODUCTS OR SERVICES PURCHASED OR LINKED TO FROM THE SITE, OR ANY OTHER CAUSE), EVEN IF SPINALPEDIA WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.

Governing Law and Venue

If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Maryland, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts located in Maryland, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Spinalpedia may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Spinalpedia and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms of Use, your Personal Content, or your violation of the rights of a third party or any law.

Miscellaneous

These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and Spinalpedia regarding the use of the Site and supersede any prior agreements between us on the same subject. Spinalpedia's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remaining terms shall continue in full force and effect.

Questions?

If you have questions about our Privacy Policy or Terms of Use, please contact us at Spinalpedia@gmail.com or at the following address: