Terms of Service

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TERMS OF USE: Date of Last Revision: March 17, 2012 PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR THE USE OF OUR WEBSITES & SERVICES. Welcome to (www.syringomyelia.ca) Canadian Syringomyelia Awareness & Syringomyelia Awareness Social Network (www.smawareness.ca) , (www.syringomyelia.ning.com) . A community that connects you with people who are living with Syringomyelia (aka SM) while increasing public awareness. Our website /services and social network are operated by volunteers around the world ie family, friends and those living with SM/ACM. By accessing or using our websites; by posting content you (the user) signify that you have read, understand and agree to be bound by the terms of use. We reserve the right at our sole discretion to change, modify, add or delete portions of these terms of use at anytime without notice and will indicate the date these terms were last revised. Your continued use of our services and sites after changes indicate your acceptance of the new terms of use. If you do not agree to abide by our terms of use or any future changes, do not use our websites. Before you enter our social network at www.smawareness.ca or www.syringomyelia.ning.com, you also agree to and are subject to the amended Terms of Service and Privacy Policy by Ning Inc. each time you log in. It is your responsibility to regularly check our sites for any changes to our terms of use. Liabilities & Disclaimers: syringomyelia.ca, smawareness.ca, syringomyelia.ning.com websites and all content are provided as is. By accessing and using the websites you acknowledge and agree that use of the websites and the content is entirely at your own risk. Information from these sites; the owner of our websites, and volunteers’ do not warrant or assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information, products, or process disclosed. The owner of our websites and our volunteers’ make no representation or warranty regarding the websites and the content, that the websites and/or content will be accurate, complete, reliable, suitable or timely; that any content, including, without limitation, any information, data, software, product or service contained in or made available through the websites will be of merchantable quality or fit for particular purpose; that the operation of the websites will be uninterrupted or error free; that defects or errors in the websites will be corrected; that the websites will be free from viruses or harmful components; and that communications to or from the websites will be secure or not intercepted. You must be 18 years or older to use our websites or accompanied by an adult (parent/ guardian) who agrees to abide by our terms of use on your behalf if you are under the age of 18. In consideration of your use of the websites, you agree to (1) provide accurate, current and complete information about you. Any other information you provide, to keep it accurate, current and complete; and (2) be fully responsible for all uses of your account and for any actions that take place using your account. You understand that the Service and the websites are available for your personal, non-commercial use only. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display. (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the owner of our websites and our volunteers’ may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the owner of our websites and our volunteers’ violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Sites or provide to our volunteers’. When you post User Content to the Sites, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Sites. By posting User Content to any part of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to the owner of our websites and our volunteers’ an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. The owner of our websites and our volunteers are not responsible for the conduct, whether online or offline, of any user of the Sites or Services. The owner of our websites and our volunteers’ are not responsible or liable in any manner for any User Content posted or caused by users of the sites, the owner of our websites, our volunteers’ or third parties sites. We do not control and are not responsible for what users post, transmit or share on the Sites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. We reserve the right to change any and all content, other items used or contained in the Sites and any Services and Platform Applications offered through the Sites at any time without notice. You are solely responsible for your interactions with other users of our websites. We reserve the right, but have no obligation, to monitor disputes between you and other users. We care about the privacy of our users. By using the Sites or the Services, you are consenting to have your personal data transferred and processed. IN NO EVENT WILL THE OWNER OF OUR WEBSITES & OUR VOLUNTEERS’, OR ITS DIRECTORS, VOLUNTEERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITES OR THE SERVICES. Stories: Stories found on www.syringomyelia.ca are of those living with SM and are written and produced by each person living with SM. www.smawarenss.ca or www.syringomyelia.ning.com are written and posted by each profile account holder. We take no legal liability or responsibility for the accuracy, completeness or usefulness of each individual story provided to us or posted by profile users. We do not edit or change any content of stories provided to us or posted by those living with SM for the purpose of authenticity of each person’s personal account of living with SM. Medical Information: The information contained on our websites is not intended or implied to be a substitute for professional medical advice. Content of our websites is intended as information only. For individual health questions, always consult a physician or qualified health care professional. Always seek the advice of your physician or other qualified health providers prior to starting any new treatment or with any questions you may have regarding a medical condition. The owner of our websites and our volunteers’ do not directly or indirectly practice or dispense medical services or medical advice. Our services do not replace 911 (emergency services) - that's always the first number you should call in emergency situations. Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Services (submissions), provided by you to our websites, the owner of our websites and volunteers’ are non-confidential and shall become the sole property of the owner of our websites. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Link and Content: The websites contain links to other websites (Third Party Sites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Sites or any Third Party Applications, Software or Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site(s) or relating to any applications you use or install from the sites. Content restriction: By using our websites you agree not to use any content/ information on our websites www.syringomyelia.ca , www.smawareness.ca & www.syringomyelia.ning.com posted by us or our members/ users and accepts the fact that such content/ information are forbidden and cannot be used for any legal reasons such as court, mediation, arbitration, by any Insurance Company, Lawyer, or anyone associated with any Insurance Company/ claim/ law suits. Any other commercial use is strictly forbidden. Employers, Insurance Company, government offices are forbidden from using this site, and it’s content in any form or any matter. Endorsement: The owner of our websites, our websites and our volunteers’ DO NOT endorse or recommend any commercial products, processes, or services. These websites provide links to other internet sites only for the convenience of users. The owner of our websites and our volunteers’ take no responsibility for the availability, liability or content of these external sites, nor do we endorse; warrant or guarantee the products, services or information described or offered at these other internet sites. Awareness Wristbands: Our SM awareness wristbands are red in color and are screen printed with white lettering; it is inevitable that the imprint colour will fade in time due to wear and tear, which will vary for each individual. Payment must clear through Paypal before your wristband(s) is/are shipped. This may delay the arrival of your order for up to 7 business days. Termination: We may terminate your membership; delete your profile and any content or information that you have posted on the Sites for any reason, or no reason, at any time in our sole discretion, with or without notice, including if it believes that you are under 18. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active for a period of time determined by us to allow other users to post and view comments. This terms of service apply to our volunteers in the same manner it would apply to all website visitors/members of our social network. The owner of www.syringomyelia.ca & www.smawareness.ca do not take any responsibility or liability for any content posted, or otherwise communicated by our volunteers. Volunteers are fully responsible for their actions are responsible for abiding by this terms of use.

The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 16 and is offered only to users 16 years of age or older. Any person who provides their personal information through this Network represents that they are 16 years of age or older.

You agree that you will not post, email or make available any content or use this Network:

  • In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
  • in a manner 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;
  • to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • in a manner that is harmful to minors in any way;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
  • to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
  • to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
  • to facilitate the unlawful distribution of copyrighted content;
  • in a manner that includes personal or identifying information about another person without that person's explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
  • in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
  • Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
  • Post any content containing child pornography to this Network;
  • Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any content that constitutes pornography, contains nudity, or is adult in nature.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
  • Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
  • Use this Network as a generic file hosting service;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.