WhatFriendsDo.com Terms and Conditions
Welcome to DracNet Corp.'s ("DracNet") website WhatFriendsDo.com (the "Site"). By using the Site, you agree to be bound by the following terms and agree that you are responsible for compliance with any applicable laws and regulations (hereinafter referred to as "Terms of Service"). The Terms of Service may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.whatfriendsdo.com. By using this Site, you are agreeing to comply with and be bound by the Terms of Service. In addition, you agree to indemnify DracNet against any and all claims by third parties arising out of your use of the Site in violation of the Terms of Service. If you do not agree to these Terms of Service, do not access or use this Site.
You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by DracNet or some third party who licensed to DracNet the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Service or with the prior written approval of DracNet.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or obtaining WhatFriendsDo.com's services. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
- use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
- remove any copyright, or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
WE MAKE NO WARRANTIES OR REPRESENTATIONS TO YOU THAT YOUR USE OF ANY MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Restrictions on Use of Materials on the Website
All material on the Site, including all files, images, text, software, and data, is the property of DracNet. These materials are licensed to you for your personal, noncommercial use. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without DracNet's written permission.
Conduct and Responsibility
By using this Site you agree that you will not:
- promote any illegal activity or transmit through the Site any unlawful, harassing, abusive, threatening, harmful, obscene, defamatory, libelous, tortuous, or otherwise objectionable content;
- use your Team page as a mechanism to defame our service or any of its officers, directors, employees, agents, information providers, merchant partners or advertisers;
- post a request for or solicitation of money, goods, or services for private gain;
- post a photograph without the permission of each person in the photograph;
- post any Content, including any medical information, about an identifiable person without that person's permission;
- post information about another WhatFriendsDo.com site;
- link one WhatFriendsDo.com site to another without consent of the Coordinator of that WhatFriendsDo.com site,
- transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- collect information about others without their consent;
- collect or store personal data about other users for business purposes;
- reveal personally identifiable information about children;
- interfere with or disrupt the Site, services, computer systems, servers or networks, or violate the regulations or policies of such networks;
- transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
- attempt to gain unauthorized access to WhatFriendsDo.com's site or services, others' accounts or computer systems or networks connected to WhatFriendsDo.com's site, through password mining or otherwise;
- engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;
- provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or the origin of a message or other communication;
- sell access to or use of any services available on WhatFriendsDo.com's site; or
- interfere with anyone's use or enjoyment of WhatFriendsDo.com's site.
If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to DracNet free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by DracNet for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, message board, blog or in any other manner. Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. DracNet may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on the Site however, DracNet is not obligated to do so. Whether or not we modify or remove such material, you remain solely responsible for any material you submit to us.
Through your usage of the Site, you may submit and/or DracNet may gather certain limited information about you and your website usage. DracNet is free to use such information for any purpose it deems appropriate, including marketing purposes.
To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Service. Transfer of the account by you to any other person or entity is prohibited.
Term and Cost of Service
WhatFriendsDo.com will host your WhatFriendsDo.com Team page at no charge to you. We may electronically review your WhatFriendsDo.com Team page for activity. If your Team page is inactive for 6 months, we reserve the right to delete or unregister your Team page.
Communications from WhatFriendsDo.com
By using the Site, you agree to receive communications from WhatFriendsDo.com that are necessary to the use of the service. Examples of these communications include, but are not limited to, welcome notices, security e-mails and e-mails regarding any changes to the service.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or service marks owned or used under license by DracNet. The use or misuse of any of these marks or other information is strictly prohibited.
The WhatFriendsDo.com Site Should Not Be Substituted for Professional or Medical Advice
The Site is designed to promote communication and information regarding and concerning support provided by friends during a life-changing event. It is important to understand that all content is provided for informational purposes only. Information, communications, and materials available on the Site are not and should not be considered professional or medical advice. DracNet and its advertisers are not engaged in offering any professional or medical advice on this Site, nor are DracNet and its advertisers responsible for any medical information generated through message boards or other areas of the Site. DracNet cannot be held responsible for any medical content posted on the Site, or any of the Third Party Sites. No professional or medical information posted on the Site should be used to diagnose or treat any health ailment or disease. Please consult your physician or healthcare provider if any questions arise regarding your condition. We expressly disclaim any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the Site or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold us harmless therefrom.
Linked Internet Sites
The Site may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). DracNet has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the content of or any products or services offered on such Third Party Sites. These Terms of Service apply only to the WhatFriendsDo.com Site, and not to the Third Party Sites. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any Third Party Site.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may send a message to the WhatFriendsDo.com links address. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our sole discretion, at any time.
Right of Modification and Termination
WhatFriendsDo.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of this agreement, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.
Disclaimer and Limitation of Liability
ALL MATERIAL ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DRACNET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. DRACNET MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DRACNET OR ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS OR CONTRACTORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
Jurisdiction and Venue
This Site is controlled and operated by DracNet from its offices within the United States of America. DracNet makes no representation that the material on the Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. The Terms of Service shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Indiana. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Service is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Service shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against DracNet arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose.
Any questions may be directed to:
c/o DracNet Corp
P O Box 80121
Indianapolis, IN 46280
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