NOTICE: “Deadmendonteatchicken.com a/k/a Dementiadialogues.com ” may change this policy from time to time by updating this page. It is your responsibility to check for any amendments made to this policy. Deadmendonteatchicken.com will give notice for any amendments. This current policy is effective as of December 1, 2010.
Deadmendonteatchicken.com a/k/a Dementiadialogues.com (referred to herein as “We,” “Us”, “Website”, “Our”, “Site” or collectively, as “Company”).
The terms “You,” “Visitor” and “User” as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason.
1. WEBSITE CONTENT
We provide a forum for visitors to post comments, stories and other content and submit suggestions, ideas, comments or other information. You understand that any message posted by a Visitor of our website expresses only the views of the Visitor and does not necessarily reflect Our views.
We may use moderators and administrators (“Administrators”) to monitor the content and appearance of posted messages. However, because of the volume and real-time nature of the services, it is impossible for us to monitor or review every message.
We are under no obligation to monitor the Content posted on the Website, but We may monitor Content at random. Content found to violate the Posting Rules may be removed at our sole discretion.
2. ONLINE CONDUCT
We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Provided, however, neither We nor our provider(s) can ensure the prompt removal of questionable content after online posting. Accordingly, neither our Company, nor any of its officers, employees, or representatives shall assume liability for any action or inaction taken with respect to removing such material from our Web site.
Our Website shall only be used for personal uses consistent with our Site’s operations. You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services. You specifically acknowledge that soliciting any Users of this Website to become Visitors of any commercial online service or other organization is expressly prohibited.
3. NO MEDICAL ADVICE
Nothing posted, by either Us, You or another Visitor shall be construed as medical advice. Any opinions given are for general informational purposes only, and should not be relied upon for any medical reason whatsoever.
4. TRANSFER OF COPYRIGHT OWNERSHIP
IN CONSIDERATION FOR YOUR USE OF THIS SITE, Upon your submission of any material to the Site, you transfer to US, and WE thereby accept full copyright ownership to access, use, distribute, perform, reproduce, display, license, and to permit others to access, use, distribute, perform, reproduce and display, the Content, all without any compensation to you whatsoever. We may remove material from the Site that is libelous, incorrect, spiteful, or otherwise inappropriate, in OUR sole discretion. WE shall not be responsible for changes, modifications, or removal of any material that you submit to the Site.
5. CONDUCT RULES
You are responsible for all Content that you upload, submit, post, e-mail or otherwise transmit using the Website or Services. Likewise, You are responsible for respecting our and any third parties’ rights with respect to Content that appears on the Website and not to download, e-mail or otherwise transmit such Content in violation of our and third parties’ rights.
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail-bombing” or “crashing”;
- sending unsolicited e-mail, including promotions and/or advertising of products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.
You agree not to use the Website to:
- upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
- respond to postings by other Users in any manner or for any purpose other than that which is expected. Communications soliciting the Company’s business by our competitors are prohibited.
- directly or indirectly, intentionally disrupt or interfere with the Website or Services in any manner that may materially adversely affect Us, You or any third party.
- submit, upload, post, e-mail or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
- delete or revise any material posted by any other person or entity.
- use the Website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government including but not limited to scripts, bots and other software, to try to collect information from the Website or to break into any of its servers.
6. THIRD-PARTY SUBMISSIONS
Visitors may upload on our website only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, date, owned by [indicate name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary content is illegal.
In compliance with the Digital Millennium Copyright Act, users and other persons can report any potential infringements and recommended corrections to use, in care of firstname.lastname@example.org. We will address those concerns in accordance with that Act. Neither our Company, its officers, nor its representatives will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.
7. REGISTRATION AND PASSWORD PROTECTION
You agree to provide as true, accurate, and complete information prompted by the Registration form and all forms you access on this site. You must update this information to maintain its truthfulness, accuracy, and completeness. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend, terminate your account, refuse any and all current or future use of its Services, and/or report You to the proper legal authorities when applicable.
Whenever you post any information on the Website or to the Website, You agree to provide true, accurate, and contemplate information.
You agree not to (1) use any account, sign in name, or password of another User of the Site that you are not authorized to use or (2) authorize others who are not authorized to do so to use the Account at any time. You agree to notify Us immediately if you suspect any unauthorized use of the Account or access to your password or the password of any User of your Account.
You represent and warrant that: (1) You have full authority to enter into this TOU; (2) all obligations owed to third parties with respect to the activities contemplated to be undertaken by Customer pursuant to this TOU are or will be fully satisfied by Customer, so that We will not have any obligations with respect thereto; and (3) the data or information You have provided for use on our Site does not infringe or violate copyright, patent, trademark, trade secret, or any other proprietary rights of any third party.
You may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
8. NO AGENCY, FIDUCIARY, THIRD-PARTY BENEFICIARY
We are not the agent, fiduciary, or other representative of You. Nothing expressed or mention in or implied from this TOU is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this TOU. Accordingly, We are not a party to any relationships entered into between any members of this Site.
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web Website, products, services, hiring, experience, employment or recruiting practices, or otherwise. This TOU and all of the representations, warranties, covenant, conditions, and provisions are intended to be and are for the sole and exclusive benefit of Us and You.
Please report any violations of the Terms to our customer support group: email@example.com.
11. TERMINATION OF USE
We reserve the right to immediately refuse service, terminate accounts, suspend activity and/or cancel access in Our sole discretion. Cause for such measures shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by You (self-initiated account deletions); (d) discontinuance or material modification to the Services; (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) engagement by You in fraudulent or illegal activities (h) if We believe that any User’s conduct violates applicable law, is harmful to another User’s interest, or (i) is harmful to the Company’s, a third party’s, or a service provider’s interests.
To the maximum extent allowed by law, the Company may deny any company or person the right to use the Website.
You further agree that all such measures shall be made in Our sole discretion and that We shall not be liable to you or any third party for any measure taken concerning your account access and/or disciplinary action, up to and including termination of employment, if applicable.
12. LINKING FROM AND TO THIS WEBSITE
To the extent that this web site has links from and to other websites, We cannot endorse nor control their content, accuracy, integrity, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular website.
You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Us with respect to the provider of such linked Website or the quality, reliability or any other characteristic or feature of such linked Website and We are not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked Website, including without limitation, the content provided on or through any such linked Website or your reliance thereon.
Any link to Our Website is subject to our approval, conditions, and agreement, as We may decide in Our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
13. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EVEN IF THAT PARTY HAS BEEN MADE AWARE OF SUCH PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. LIMITATION OF LIABILITY
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS.
WE MAKE NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL THE COMPANY (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL THE COMPANY (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $200.00.
(e) Due to the nature of this Agreement, in addition to money damages, you agree that WE will be entitled to equitable relief upon a breach of this agreement by you.
15. INDEMNITY, HOLD HARMLESS AND RELEASE
16. OUR INTELLECTUAL PROPERTY RIGHTS
This website contains material which is owned by or licensed to Us. The website and all owner-created content and the right, title and interest in and to the website is the sole property of Us or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in the TOU, We reserve for Us and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose.
This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with this TOU. This includes copying or adapting the HTML code used to generate Web pages on the Website, the Website’s design logo and certain other names or logos which are service marks or trademarks of Us, and all related product and service names, design marks and slogans which are the service marks or trademarks of Us. In addition, the “look” and “feel” of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Dementiadialogs.com. trademarks, service marks and copyrights. All other product and service marks contained on the Website are the trademarks of their respective owners.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give to a claim for damages and/or be a criminal offence.
17. GOVERNING LAW AND VENUE
The TOU are governed by the laws of the State of Illinois. Any dispute arising out of this TOU shall have as its sole, exclusive venue the courts located in Cook County, Illinois.
18. COMPLETE AGREEMENT
This TOU constitutes the entire agreement between Us and You and governs Your use of the services provided by Us. This TOU supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.