HWCMedia.com, Inc. operates an Internet, and magazine based health information and communication service (the Service) including all text, content, information, and data (collectively the "Content") available on this web site and on any web site created through the Service (collectively, the "Site") and provides users with access to the Site subject to the terms and conditions of these Terms of Service (the Agreement).
By accessing the Site and/or registering with us, you agree to be bound by the terms of this Agreement and you consent to our Privacy Policy. We reserve the right to update or modify this Agreement at any time, and without prior notice to you. Your use of the HWCMedia.com site following such modification or update constitutes your acceptance to be bound by the Agreement as changed or modified. We encourage you to regularly read through and review the Agreement. User License
We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site. You may download and/or print a copy of the Content for your personal and non-commercial use only (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof, without our prior written consent in each instance. By completing the registration process on the Site, you establish an account with us (an Account) and you represent that the information you provide in the registration process is accurate and current. Privacy
We respect your personal privacy. Our Privacy Policy is available on this Site, and by accessing the Site, you are agreeing to be bound by the Privacy Policy. The Privacy Policy is incorporated by reference into this Agreement in its entirety. Health Information Disclaimer
The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of this Site does not create a doctor / patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on this Site. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on this Site. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site AS IS and without any warranties. Ownership of Content and License to Member Content
You acknowledge that all the Content provided on this Site is provided either by HWCMedia.com or by its licensors, third party authors, developers, vendors and members (collectively, Third Party Providers) and the underlying intellectual property rights are owned by HWCMedia.com and/or its Third Party Providers. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Usage Rules
As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any and all parts of this Site for any reason, and at our sole discretion. CHILDREN UNDER THE AGE OF EIGHTEEN ARE NOT PERMITTED TO SUBMIT ANY MEMBER CONTENT. We do not endorse any specific Medical Facility or provider of content for the HWCMedia.com site. You understand that when using the Site, you will be exposed to content from a variety of sources, and that HWCMedia.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HWCMedia.com with respect thereto, and agree to indemnify and hold HWCMedia.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. We encourage you to report offensive or illegal content immediately by contacting us by email or telephone via the Contact Us link on the Site remove any content on the Site, at any time, for any reason, and without prior notice. Trademarks
All of the trademarks, service marks, and logos displayed on this Site including, without limitation, IMAGO FILM PRODUCTIONS®, and HWCMedia™, are registered and unregistered trademarks of Imago Film Productions, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited. Procedures for Claimed Copyright Infringement
We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and(f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf. Our agent may be contacted as follows: Imago Film Productions, Inc.
3500 W Olive Ave, Suite 300, CA 91505
Attn: General Counsel Linking and Framing
The Site may contain links to or advertisements for web sites operated by other parties (the "Third Party Sites"). The links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them. Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services on such Third Party Sites or any association with their operators.
Without a written agreement with us to the contrary, you must obey the following rules for linking to the Site or any pages within the Site:
Geographic Disclaimer The Site is administered by Imago Film Productions, Inc from Burbank, CA and is intended for users who are U.S. residents. Access to the Site and the 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 United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations. DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. We take no responsibility for Member Content or third party advertisements that are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers. Indemnification
You agree to indemnify, defend and hold harmless HWCMedia.com, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of this Agreement, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account. Waiver, Release and Limitation of Liability
YOU AGREE THAT NONE OF THE HWCMedia.com PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE HWCMedia.com PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE HWCMedia.com PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE HWCMedia.com PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO HWCMedia.com FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE HWCMedia.com PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
NONE OF THE HWCMedia.com PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.
IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE HWCMedia.com PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE. Third Party Rights
The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit of the HWCMedia.com Parties. Each of the HWCMedia.com Parties shall have the right to assert and enforce those provisions directly against you on its own behalf. User Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible for your use of the Site (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between HWCMedia.com and you for any purpose concerning this Agreement or the parties' obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles County, California United States, and by accessing the Site you consent to the personal jurisdiction of any state or federal court located in the State of California. Any cause of action or claim you may have with respect to the Site and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises. This Agreement constitutes the entire Agreement between HWCMedia.com and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Termination
We may terminate your Account at any time without notice to you. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else. Notice
We may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your Account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Imago Film Productions, Inc.
3500 W Olive Ave, Suite 300, CA 91505
Attn: General Counsel Severability The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. |
