Updated October 6, 2010
1. American Diabetes Association diabetesstopshere.org Account and Email Policy
2. Use of the Site
You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the “Materials”), are the sole responsibility of the person or entity from which such Materials originated. This means that you, and not the American Diabetes Association, are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively “Upload”) to any portion of the Site. We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will the American Diabetes Association be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site. You agree to not use the Site to: (i) Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, an American Diabetes Association representative, or misrepresent your affiliation with a person or entity; (iii) Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iv) Upload any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any Material that contains software viruses or the like (v) promote the products or services of any entity (even if you disclose your affiliation). You understand and agree that the American Diabetes Association does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site.
The American Diabetes Association and our respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose.
The material provided on the American Diabetes Association’s Site is designed for educational and entertainment purposes only. It is provided with the understanding that the Association is not engaged in rendering medical advice or recommendation. You should not rely on any information in text files, messages, or articles on this page to replace consultations with qualified health care professionals to meet your individual medical needs. Materials copyrighted by the American Diabetes Association are for personal use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner or the American Diabetes Association. To obtain permission from the ADA for other than personal use, email firstname.lastname@example.org.
The compilation of information on the American Diabetes Association’s Site, including the design and organization is copyrighted and may not be reprinted nor electronically reproduced.
3. Termination of Use
You agree that the American Diabetes Association, in its sole discretion, may terminate your account (or any part thereof) or use of the Site, and remove and discard any Materials within the Site, for any reason. The American Diabetes Association may, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that the American Diabetes Association may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the American Diabetes Association shall not be liable to you or any third-party for any termination of your access to the Site.
4. Use of Uploaded Materials
The American Diabetes Association does not claim ownership of Materials you Upload on the Site. If you Upload Materials via the Site (either by offering suggestions via e-mail or participating in any interactive opportunities available on this Site), such information shall be considered non-confidential and the American Diabetes Association shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. In addition, you grant the American Diabetes Association a world-wide, royalty free and non-exclusive license with respect to Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available. You agree to indemnify and hold the American Diabetes Association, and its directors, officers, agents, subsidiary organizations, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another. ADA retains the right to turn over any materials if legally requested to do so.
5. Comments area and Content
Comments posted on this blog are reviewed by the American Diabetes Association (ADA). ADA reserves the right to NOT post any comment at any time for any reason.
If you participate in the Comment Areas areas within the Site, you cannot:
- Participate if you are under the age of 13..
- Advocate illegal activity or discuss illegal activities;
- Post or distribute any vulgar, obscene, discourteous, unlawful, obscene, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, or indecent language or images or embarrassing to any other person or entity as determined by ADA in its sole discretion;
- Advertise, sell to or solicit others;
- Make any bigoted, hateful, or racially offensive statements;
- Use the Comment Areas for commercial purposes of any kind, even if you disclose yourself as a representative of such commercial entity;
- Post or distribute any software or other materials that contain a virus or other harmful component;
- Post material or make statements that do not generally pertain to the designated topic or theme of the Site;
- Use the Comment Areas for any purpose in violation of local, state, national, or international laws;
- Post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others;
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Allow any other person or entity to use your identification;
- Post the same note more than once or “spam”; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Comment Areas of the Site, or which, in the judgment of ADA, exposes ADA or any of its customers or suppliers to any liability or detriment of any type.
- Copy, quote, or otherwise recreate any Social Networking messages, media, or other postings outside of the diabetesstopshere.org domain without express written permission from the American Diabetes Association.
You are solely responsible for your own communications within the Comment Areas, the consequence(s) of posting these communications, and your reliance on any communications in the Comment Areas. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
When participating in the Comment Areas, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the Comment Areas may not be reliable, and it is not a good idea to make any decisions based solely or largely on information you cannot confirm. The ADA shall not and cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
ADA reserves the right (but is not obligated) to do any or all of the following.
- Investigate an allegation that a communication(s) do(es) not conform to the TOU and determine in its sole discretion to remove or request the removal of the communication(s);
- Monitor or disclose any communication in the Site and its Comment Areas.
ADA reserves the right to review all postings to the Comment Area and to not post any at any time and for any reason. ADA reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, ADA assumes no liability or responsibility to users of the ADA Site or any other person or entity for performance or nonperformance of the aforementioned activities.
6. General Practices
You acknowledge that the American Diabetes Association may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on the American Diabetes Association’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that the American Diabetes Association reserves the right to remove accounts. You further acknowledge that the American Diabetes Association reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.
7. Links to Other Sites
The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that the American Diabetes Association has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the American Diabetes Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Materials or goods available on or through any such site or resource.
8. American Diabetes Association’s Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by the American Diabetes Association, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. The American Diabetes Association grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the American Diabetes Association for use in accessing the Site.
9. Disclaimer of Warranties and Limitation of Liabilities
IN NO EVENT SHALL AMERICAN DIABETES ASSOCIATION, ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMERICAN DIABETES ASSOCIATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Choice of Law and Jurisdiction