1. Acceptance of Terms
Welcome to selfexpression.net. This agreement (“Agreement”) is between the Self Expression and its subsidiaries and affiliated entities and you and your agents (“you” or “yours”) for the use of this website (the “Site”). This Agreement includes any guidelines or rules posted and updated on the Site by Self Expression from time to time. By using the Site, you agree to this Terms and Conditions Agreement. You can review the most current version of this Agreement at any time at the Self Expression website..
2. Ownership of Site and Restrictions on Use of Content
The Site is owned by Self Expression. You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by Self Expression or by licensors of Self Expression. You agree and acknowledge that, notwithstanding that Self Expression permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by Self Expression and third parties. In addition to Self Expression’s and its licensors’ rights in individual elements of the Contents, Self Expression owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part.
3. Access to Member Services and Termination of Access
In order to obtain access to the Member Service portions of the Site, you must be a current member of Self Expression and insert your user name and password. You agree that you will be responsible for maintaining your user account as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your account. You agree to immediately notify us in the event that (i) your account is lost or stolen, or (ii) you become aware of any unauthorized use of your account or of any other breach of security that might affect the Site. Self Expression is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
You acknowledge and agree that Self Expression may terminate your access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if (i) you do not use the Site for what Self Expression, in its sole discretion, deems to be an extended period of time, (ii) Self Expression believes that you have violated any provision of this Agreement and/or (iii) you have otherwise acted or failed to act in any manner that Self Expression deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of Self Expression to you or any third party in connection with such termination.
5. Disclaimer of Warranties
The use of the site is solely at your own risk. The site is provided on an “as is” and “as available” basis. Self Expression expressly disclaims all warranties of any kind with respect to the site, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. Self Expression makes no warranty that the site and/or any content therein will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site and/or any content therein will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease using the site.
6. Limitation of Liability
You expressly understand and agree that Self Expression shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss or other losses (even if Self Expression has been advised of the possibility of such damages) resulting from: (i) the use or inability to use the site, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the site or (iv) any matter otherwise related to your use of the site.
7. Your Conduct on the Site
In the event that Self Expression permits you to upload, post, email or otherwise transmit content, data, information or other materials (collectively, “User Content”) for display on the Site otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party’s rights. By submitting User Content to Self Expression, you automatically grant or warrant that the owner of such Content has expressly granted the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any email message or any chat or message board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that Self Expression is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect Self Expression or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
8. Your Warranties
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that you and your employees’ and agents’ use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
9. Your Responsibilities
You further agree and acknowledge that you are solely responsible for inputting and retrieving data using the Site, and for the accuracy and adequacy of information and data furnished using the Site. You have full responsibility for the care and well-being of patients and any reliance on the Site shall not diminish that responsibility. You are responsible for establishing such procedures as you deem appropriate in your professional judgment to verify the accuracy of data transmitted hereunder and to provide backup procedures for any loss of data or unavailability of the Site. You acknowledge and agree that by providing the Site hereunder, Self Expression is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.
10. Disclaimer of Content
You understand and acknowledge that Self Expression assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than Self Expression, and that Self Expression shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. Self Expression expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. You acknowledge and agree that you assume all risk associated with the use of any and all Content and/or User Content.