HEALTHSNAP.IT TERMS OF USE (or as we like to call it, THE HEALTHSNAPPER'S PLEDGE)

© COPYRIGHT 2011 HealthSnap Ltd ALL RIGHTS RESERVED.
Last Updated on January 23, 2012


Your Acceptance of the Terms of Use

Welcome to HealthSnap! The website HealthSnap.it and the Content (as defined below) and services offered on or through HealthSnap.it (collectively, "HealthSnap" or the "Site"), are provided by HealthSnap Ltd ("HealthSnap Ltd", "we" or "us"). The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of HealthSnap, whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the site. By using HealthSnap, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.healthsnap.it, incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit HealthSnap.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Content Available on or through HealthSnap

Our Site contains a variety of Content, whether (1) proprietary to us, or (2) proprietary to third parties, such as Content posted or generated by a registered user, and/or transmitted by a registered user through HealthSnap (collectively, “Registered User Content”), or Content proprietary to any third party sites. “Content” includes, but is not limited to text, design and functions, layout, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, functionality, files, documents, images, or other materials that you may view or access through the Site, and Registered User Content. You understand that we do not control the Content posted by registered users or other third parties on the Site (including the content of any messages), and do not guarantee the accuracy, safety, integrity or quality of such Content. You further understand and agree that you may be exposed to Content that is 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 us with respect thereto. Under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content

Proprietary Rights

All Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by us or other parties that have licensed their material to us (such as, but not limited to our registered users), and are protected by copyright, trademark, and other intellectual property laws. You own all of the Content and information that you post on the Site or that you generate through the Site. You may access and use Content solely as intended through the provided functionality of the Site and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other rights in or to the Content.

Trademarks, Service Marks, Logos, Slogans and Taglines

All trademarks, service marks, logos, slogans and taglines displayed on the Site are the property of HealthSnap Ltd or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of HealthSnap Ltd, or such third-party that may own the trademark, service mark, logo, slogan or tagline

Your Pledge to Us

HealthSnap is a service that helps people to feel closer and more connected. In order to create that feeling of trust and safety associated with our Site, we've created these pledges (putting your hand over your heart is optional) to which you must agree in order to use HealthSnap:

  1. I will not spam. - Our community manager Trish likes SPAM®, but no one likes spam. Please don’t use HealthSnap to solicit community members for commercial purposes without their consent. PS - Trying to phish, will only catch you some trouble.
  2. I will not bully, harass, or intimidate anyone.- Since we’re running a platform that encourages sharing special moments, thank yous, and recognition, we’re big sticklers for respecting folks. We do not tolerate any type of hate speech, bullying, or harassment against anyone based on gender identity, sexual orientation, race, ethnicity, religion, disability, age, or national origin. You also shouldn't circulate people’s personal information without their consent.
  3. I will keep my clothes on. - No seriously. Don’t send video with adult content (nudity, pornography) as it will be removed from the Site. You really don’t want that accidentally forwarded to your family.
  4. I will not use HealthSnap to do anything unlawful, fraudulent, misleading, malicious, or discriminatory. If at any point you’re thinking... hmm, this might be considered unlawful, fraudulent, misleading, malicious, or discriminatory... yeah, don’t do it.
  5. I will not provide any false personal information on HealthSnap, steal someone else’s identity, or access an account belonging to someone else. - We like you just the way you are. Don't pretend to be someone else and violate another person’s safety/privacy. This includes misrepresenting companies or organizations.
  6. I will respect other people’s rights. – When you use HealthSnap, you promise that you will not generate, post or transmit Content or take any action on HealthSnap that infringes someone else’s rights or otherwise violates the law. If it’s not yours, don’t upload it or pass it along.
  7. I will keep it classy- I will not generate, post or transmit Content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. - We’re not saying all your videos should involve adorable puppies walking for the first time, but they shouldn’t promote/show violent behavior, graphic content, or drug abuse.
  8. I will not collect registered users' information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  9. I will not upload viruses or other malicious code.
  10. I will not circumvent, disable or otherwise interfere with security-related features of HealthSnap that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on HealthSnap or contained in a file that is uploaded to HealthSnap.
  11. I will maintain my user id and password in confidence, I will not share my user id and password, let anyone else access my account, or do anything else that might jeopardize the security of my account.- You are fully and solely responsible for any and all use of the Site using your userid and password so please don’t share your userid or password with anyone or allow another person to access the Site using your userid and password. Please notify us immediately if you have any reason to believe that your userid or password has been lost or compromised or misused in any way.

Our Pledge to You

  1. We shall do our best to maintain the Site to ensure that you have an amazing HealthSnap experience, however, HealthSnap Ltd doesn’t take responsibility for any Content generated, posted, and/or shared on or through the Site.
  2. We shall take every reasonable measure we can to keep your healthsnapsitfe, but we can’t ensure that data won’t potentially be inaccessible or lost.
  3. We shall be available for comments, questions, or concerns via e-mail (support@healthsnap.it).

Reporting Abuse

This list of pledges may have a lighthearted tone but we do take them seriously. If you feel that another user has violated any of the above, please contact us. A report does not guarantee that the member or content will be removed from the Site, but we will take a look at it as soon as possible. We can remove any Content you generate, post, and/or transmit on or through the Site on if we believe that it violates these Terms of Use. Your account may also be terminated and you may not be allowed to create a new account.

Copyright Complaint Policy

If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on HealthSnap. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that HealthSnap Ltd shall not be liable to you or any third party for any termination of your access to the Site.

Visitors and Registered User Suggestions

We always appreciate your feedback or other suggestions about HealthSnap (“Comments”), but you understand that we may use them without any obligation to compensate you for them. You acknowledge and agree that Comments are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in our sole discretion.

Links to Other Sites

The Site contains links to other web sites owned by third parties. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

DISCLAIMER OF WARRANTY

ACCESS TO THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HealthSnap Ltd AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HealthSnap Ltd NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES HealthSnap Ltd AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF SITE IS AT YOUR SOLE RISK. FURTHER, HealthSnap Ltd AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER HealthSnap Ltd NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, THEIR SERVERS OR ANY E-MAIL SENT FROM HealthSnap Ltd A OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF HealthSnap Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE HealthSnap Ltd AND HOLD HealthSnap Ltd AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL HealthSnap Ltd, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, ANY INFRINGEMENT BY THE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY OF THE CONTENT. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend HealthSnap Ltd and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related toyour use of the Site, or any breach or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

Miscellaneous

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the COMMONWEALTH OF MASSACHUSSETTS without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to HealthSnap Ltd as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that HealthSnap Ltd shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by HealthSnap Ltd in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.


HEALTHSNAP.IT PRIVACY POLICY

© COPYRIGHT 2011 HealthSnap Ltd ALL RIGHTS RESERVED.
Last Updated on January 23, 2012

SUMMARY. HealthSnap Ltd ("HealthSnap Ltd", "we," "us," or "our") provides this Privacy Policy to inform Registered Users (as defined below) of our policies and procedures regarding the collection, use and disclosure of Personal Information (as defined below) received from registered users of this website located at www.healthsnap.it and of the Content available on or through this site, (collectively, the "Site" or “HealthSnap”). It is your responsibility to review this Privacy Policy carefully, especially before providing any Personal Information through the Site. This Privacy Policy is incorporated into, and part of, our Terms of Use which govern your access and use of this Site in general. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms in the Terms of Use. By accessing and/or using the Site, you agree to the terms of this Privacy Policy, as they may be amended by us from time to time.

Please know that any information, including Personal Information and/or Content, you reveal in a public forum, such as a comments threads, message board, blog, posting, chat or similar electronic public venues is not protected by this Privacy Policy. Such postings will be seen by third parties not related to the Website. What you write or post could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes.

  1. INFORMATION WE COLLECT FROM YOU. We collect your Personal Information via the Site only when you expressly provide it to us. "Personal Information" is information about you that is personally identifiable to you like your name and email address. By submitting Personal Information through the Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.
  2. INFORMATION WE TRACK. As part of operating the Site and providing the Site to you, we automatically gather certain website usage data, such as how frequently certain areas of the Site are visited and searches conducted. This tracking may be accomplished through various technologies, including through the use of cookies. Most browsers can be set to prevent cookies or to notify you when one is being placed. However, cookies may be necessary to access the Site or to utilize the Services fully. We generally use this information to better understand how you interact with the Site and our Service, to monitor aggregate usage by our Registered Users and web traffic routing on the Site, and to improve the Site and our Services, and in certain cases, we may use this information to deny service in accordance with our Terms of Use.
  3. HOW YOUR PERSONAL INFORMATION IS COLLECTED. In order to access and use the Site, you can use your Twitter account or you can register as a user of the Site (each, a “Registered User). When you register for a HealthSnap account, you will be required to submit the following Personal Information to us as part of the registration process: your email address, a username and password you have created to access the Site, and your full name. You may also elect, but are not required, to record and post a video of yourself that will appear on your HealthSnap profile page. You can access, update and correct the Personal Information you provide to us via the Site (including changing your profile video) at anytime by logging into your Registered User account.
  4. HOW WE USE YOUR PERSONAL INFORMATION. The Personal Information we gather from you may be used for the following purposes: (i) to provide the Site to you; (2)to send you promotional communications; (3) to respond to your requests and inquiries, (4) to manage your Registered User account, if you have one; and (5) to notify you about important changes to our Site, such as changes or updates to this Privacy Policy or our Terms of Use, security announcements or other similar messages. Any and all uses of Personal Information by HealthSnap Ltd comply with applicable laws.
  5. OPT-OUT. If you decide at any time that you no longer wish to receive promotional communications from us, please send an email to support@healthsnap.it. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to 10 business days as we process your request.Please understand that if you choose not to receive promotional correspondence from us, we may still contact you in connection with your Registered Users account, HealthSnap activities, and communications with us.
  6. HOW WE SHARE YOUR PERSONAL INFORMATION. Except as otherwise expressly provided in this Privacy Policy, we will only share the Personal Information you provide us via the Site: (A) as required by law or regulation or as we believe in good faith that disclosure of such information is reasonably necessary to (1) satisfy any applicable law or regulation, (2) respond to claims and/or to comply with a judicial proceeding, court order, or legal process served on us, (3) to protect and defend our rights or property, and/or the rights or property of our Registered Users, or third parties, as permitted by law (4) detect, prevent, or otherwise address fraud, security or technical issues, or (5) enforce our Terms of Use; and/or (B) with trusted service providers for the purpose of processing Personal Information on our behalf, to provide certain specialized products or services that you have requested, or to perform services to maintain and operate the Site and certain features on the Site (i.e., we may use third parties to host the Site; operate various features available on the Site; assist in responding to requests, or process credit card payments), which trusted services providers will process such information or use your information to provide the requested services in compliance with appropriate confidentiality and security measures, and to the extent practical, this Privacy Policy.
  7. Business Transitions. In the event that HealthSnap Ltd undergoes a business transition such as a merger or an acquisition by another company, and as a result any personally identifiable information is transferred to another company, we will require the successor to comply with the terms of this Privacy Policy.
  8. USE OF ANONYMOUS INFORMATION. We may create anonymous information records from your Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. For clarity, anonymous information means information that is not associated with or linked to your personal information and does not permit the identification of individual persons. We may use this anonymous information for any purpose in our discretion.
  9. CHILDREN UNDER 13 YEARS OF AGE. You should be aware that this Site is not intended for, or designed to attract, children under the age of 13 and as such, HealthSnap Ltd does not intentionally gather Personal Information from individuals who are under the age of 13. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
  10. OTHER WEB SITES. Our provision of links to third party web sites on the Site is for your convenience and does not signify our endorsement of such other web sites or their content. HealthSnap has no control over, does not review, and cannot be responsible for these third party web sites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third party web sites.
  11. SECURITY. HealthSnap Ltd uses reasonable measures to maintain the security of your Personal Information. However, no company, including HealthSnap Ltd can fully eliminate security risks associated with the transmission of Personal Information through online transactions, and you do so at your own risk.
  12. NOTICE TO CALIFORNIA RESIDENTS. California Civil Code Section 1798.83 permits customers who are California residents and who have provided HealthSnap Ltd with "personal information" (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at support@healthsnap.it by mail at HealthSnap Ltd, ℅ Mass Challenge, One Marina Park Drive, Boston, MA 02210.
  13. NOTICE TO REGISTERED USERS OUTSIDE THE UNITED STATES. You should be aware that the United States and other countries have not harmonized their privacy regulations. Because HealthSnap Ltd and its servers are located in the United States, we have written our Privacy Policy to satisfy United States regulations. By registering as a Registered Users, you agree to the level of privacy protection set out in this Privacy Policy.
  14. HOW TO CONTACT US. If you have any questions or concerns about this Privacy Policy you may contact us via email at support@healthsnap.it or by mail at HealthSnap Ltd, 4045 Kingswood Rd, CityWest, Dublin 24, Ireland.

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