We invite you to participate in “Healthier Together” website (the “Site”). You may use the Site to learn about collaborative care communities. You may also share your story and the reasons you support collaborative care communities. The Site is not intended for and is not designed to attract children under 13 years of age. Children under the age of 13 must have parental or guardian supervision when contributing to the Site.
The Site is owned and operated by Lybba (“Lybba”). ImproveCareNow may use content you post to this Site in developing grant applications. User content posted to the Site may be posted to the Site and may be exploited via social media, such as (for example only) Twitter, Facebook and/or other websites. Please read the following Terms and Conditions of Use (“Terms”) carefully before using the Site. By accessing or viewing the Site, uploading content to the Site, and/or participating in or using any service offered on the Site (collectively and individually the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. Your use or continued use of the Site constitutes your agreement to the Terms, which may be updated by us from time to time without notice to you.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SITE.
Your Permission to use the Site.
Healthier Together gives you limited permission to use the Site, subject to the following restrictions. Except as expressly authorized by Lybba under a separate license or other agreement with you, you may only use, download, or print material contained on the Site for personal and noncommercial use, and any commercial use, such as selling content, or posting information on another website, is prohibited.
Further, you may not:
- Frame all or part of the Site.
- Modify any portion of the Site.
- Change or delete any proprietary notices on the Site or from materials downloaded or printed out from the Site.
- Systemically retrieve, download or print materials from the Site.
- Transmit, distribute, sell or otherwise provide any content or data from the Site to a third party (except as expressly authorized by Lybba under a separate license or other agreement with you).
- Use the Site in a manner contrary to any applicable law.
You agree that you will not post any content to the Site that contains threats of unlawful violence or harm to any individual or group; obscene, vulgar or lewd material; defamatory or fraudulent statements; terms commonly understood to constitute profanity or abusive or degrading slurs or epithets; information invading an individual’s privacy; inaccurate, irrelevant or inappropriate material; or information that if published would violate criminal law or give rise to civil liability. Lybba may remove any content that it has reasonable belief does not satisfy the above rules.
You further agree that you will not use the Services to harm or harass anyone or any group; contact any person who has not asked to be contacted; impersonate any person or entity; upload content that is directed to people younger than 13 years of age; delete, otherwise revise or improperly interfere with any content posted by any other user; or interfere with or attempt to interfere with the proper working of the Site.
You agree to obtain the written consent, release and/or permission of each and every person identifiable in content posted by you to the Site and to use the name and likeness of each and every such identifiable person in the manner contemplated by Lybba and these Terms and Conditions of Use.
You agree to be solely responsible for your use of the Site. Your permission to use the Site will be terminated immediately, without advance warning, notice, hearing, procedural due process or any further action by Lybba, if you breach these Terms.
Lybba encourages you and other users to contribute content to the Site including, without limitation, videos and textual narratives that share your story and the reasons you support the collaborative care communities such as ImproveCareNow. When you view User Content and comments submitted by other users, keep in mind that such User Content many not necessarily represent your own view or the view of Lybba. While Lybba encourages User Content that is consistent with the objectives of collaborative care communities — you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. You assume all associated risks.
Your User Content.
You understand that when you submit User Content, you grant Lybba and ImproveCareNow a perpetual, worldwide, royalty-free, sub-licensable license to display and use the User Content in connection with the Services, including but not limited to, posting the User Content on the Site; submitting User Content to grant-giving organizations. User Content may be published on this site and/or shared as examples of support in future grant applications so that Lybba, Healthier Together and ImrpoveCareNow can dramatically improve health for everyone. Whether or not your User Content is published on the Site or otherwise used, Lybba guarantees no confidentiality or anonymity with respect to your User Content. While you do not have to include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, or other identifying information in the background of the video, you understand that this information along with your User Content may be displayed on the Site, and/or submitted to grant-giving organizations. Accordingly, please review your User Content carefully prior to submission to ensure its accuracy and ensure it contains no information that you are not comfortable sharing. You can disable access to your User Content by contacting us with a written request to disable access to your User Content, including sufficient details in your request to identify and disable such User Content. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you request the disablement of access to your User Content, we may not immediately delete copies from our active servers and may not remove information from our backup systems.
You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the Site, you grant Lybba and ImproveCareNow a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User . Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as part of the User Content. You also grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, link to, and perform such User Content as permitted through the functionality of the Services and under these Terms.
Lybba reserves the right, in its sole discretion, to monitor User Content and to reject, remove, or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. Lybba has no responsibility for the backup of any User Content or any lost data resulting from the use, operation, or discontinuation of any aspect of the Services.
Unless specifically requested by Lybba in writing, Lybba does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the Site). Accordingly, if you send Lybba any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (“Submitted Material”) you grant Lybba a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license, and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Lybba any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted material is owned entirely by you. If you send Lybba any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Lybba to use Submitted Material as permitted by this license.
You are solely responsible for the User Content and Submitted Material that you post on or through any of the Services, any material or information that you transmit to other users, and for your interactions with other users. Lybba does not endorse and has no control over the User Content or Submitted Material. Content is not necessarily reviewed by Lybba prior to posting and does not necessarily reflect the opinions or policies of Lybba. Lybba makes no warranties, express or implied, as to the User Content, the Submitted Materials or to the accuracy and reliability of the same.
As between you and Lybba, Lybba is the owner or licensee of all rights in the Site and its content and related software, excluding any User Content you submit. You have no rights to such content or software other than those expressly granted in these Terms. [“Lybba”], [“Healthier Together”] and the logos or other proprietary marks of Lybba and its affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.
Links and Online Listings.
From time to time Lybba may post on the Site (a) links to third party sites (“Links”); or (b) listings or descriptions of third party information, products or services (“Listings”). Such Links and Listings are provided WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that Lybba does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice, or other content, including terms of service and privacy policies, available through the Links or Listings, whether posted or provided by third parties or by Lybba. Lybba may remove any Links or Listings at any time for any reason or for no reason.
LYBBA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE LYBBA (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, SUBSIDIARIES, JOINT VENTURES, AFFILIATES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, LICENSEES, SUPPLIERS, AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Modification of the Site.
Lybba reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that Lybba shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Limitations of Liability and Disclaimer of Warranties.
THE SITE AND ALL INFORMATION, SERVICES, OR LINKS ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. LYBBA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE, OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS, AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
IN NO EVENT WILL LYBBA (OR ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, SUBSIDIARIES, JOINT VENTURES, AFFILIATES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, LICENSEES, SUPPLIERS, OR MEMBERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF LYBBA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have a dispute with one or more users, you release Lybba (and successors, sponsors, employees, officers, subsidiaries, joint ventures, affiliates, agents, representatives, partners, licensors, licensees, suppliers, or members) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Additionally, you release Lybba, its employees, contractors, predecessors, successors, affiliates, subsidiaries, sponsors, assigns, and licensees (“Released Parties”), from any and all claims demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the User Content and/or Submitted Material or by reason of any claim now or hereafter made by you that any or all of the Released Parties have used or appropriated the User Content and/or Submitted Material, except for fraud or willful injury on any or all of the Released Parties part.
You agree to indemnify and hold Lybba and its subsidiaries, affiliates, officers, agents, employees, partners, licensors, and licensees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms, use of the User Content and/or Submitted Material, or your violation of any rights of another person or entity.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Lybba a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Lybba a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Lybba: NEED ADDRESS.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and Lybba with respect to your use of the Site. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Lybba may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or transfer or all, or substantially all, of its assets relating to this Terms. The failure of Lybba to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and Lybba shall be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any action under these Terms will be in the state and federal courts of San Francisco, California. You hereby accept the personal jurisdiction of such courts. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.