TERMS AND CONDITION OF USE
Welcome to Sharewik.com! Please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. By using this Web site (“Site”), you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not use this Site.
ShareWIK Media Group, LLC (“Sharewik”, “we”, “us” or “our”) reserves the right to update or change these Terms and Conditions at any time and for any reason. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Terms and Conditions for your records.
1. NOT MEDICAL ADVICE
All information, data, text, graphics, images, photos, video and audio clips, and other material contained on the Site (“Content”) is for informational purposes only. The Content is not intended to constitute medical advice, counseling, diagnosis, treatment or the practice of medicine, or to create a physician-patient or clinical relationship. You should always seek the guidance and care of your physician or other qualified health care provider regarding any medical condition or other matter related to your health.
The Content should not be used as a substitute for professional medical advice, treatment or diagnoses and you should consult with your physician prior to utilizing any of the Content. Do not delay seeking advice from a medical professional or disregard advice you have been given from a medical professional because of any of the Content. In the event of a medical emergency, call your physician or dial 911 immediately.
Sharewik does not endorse or recommend any specific treatment, procedure, test, product, physician, opinion or other information that may be mentioned on the Site, or guarantee the accuracy or completeness of any of the Content. Your reliance on any of the Content is solely at your own risk.
We may discontinue, add to, modify, upgrade, or replace all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, media, information, video, photo, communication, or other Content appearing on or transmitted through the Site.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Sharewik NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS (“MM PARTIES”) WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THE MM PARTIES ASSUME ANY LIABILITY IN RESPECT THEREOF.
THIS SITE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MM PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE MM PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, CORRECTNESS, CURENTNESS, RELIABILITY, USEFULNESS OR TIMELINESS OF THE CONTENT, OR (II) SATISFACTION OF ANY GOVERNMENTAL REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT IS Sharewik LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE MM PARTIES ARE NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THE SITE OR ASSOCIATED SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, not all of the above limitations may apply to you.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MM PARTIES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR CONTRIBUTORY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS SITE; (ii) THE DELAY OR INABILITY TO USE THIS SITE; OR (iii) FOR ANY CONTENT MADE AVAILABLE THROUGH THIS SITE. THE MM PARTIES SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US $1,000.00. THE MM PARTIES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
6. INTELLECTUAL PROPERTY AND USE OF CONTENT
Copyrights: All of the Content is the property of Sharewik, our strategic partners or suppliers, or Content providers and is protected by United States copyright laws. The Content of www.sharewik.com is copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this Content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of Sharewik.
Trademarks: All trademarks, trade names, brand names, and service marks of Sharewik, whether registered or unregistered, are the property of Sharewik and are protected by United States trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the prior written consent of Sharewik. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed by Sharewik are the property of Sharewik and are protected by United States patent laws. Any use of these patented or patentable assets is prohibited without the prior written consent of Sharewik.
Limited, Non-Exclusive, Non-Transferable, Revocable License: You may view and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the Site or otherwise known to you, download one copy of the material from the various locations on the Site solely for your non-commercial use and, regarding the Site logos, screenshots, and links to the Site (including the HTML code, URLs, or logos used to provide Internet users with access to the Site), solely for the purpose of allowing users of your site to access the Site; provided that you do not alter or modify the Content in any way and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You agree that with the Content you display and download you will include the following copyright notice: “Copyright © 2009, ShareWIK Media Group, LLC.” In addition, when using a screen shot of the Site, you agree to include the following credit adjacent to the reproduction of the screen shot: "Reproduced with the permission of ShareWIK Media Group, LLC." The limited license granted by these Terms and Conditions is non-exclusive and non-transferable. Any use of Content not expressly permitted under these Terms and Conditions is expressly prohibited. All rights not expressly granted herein are reserved to Sharewik.
Injunctive Relief: You agree that in the event of a breach of this Paragraph 6 or Paragraph 9, Sharewik shall not have an adequate remedy at law, including monetary damages, and that Sharewik shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which Sharewik shall be entitled.
Termination of License: If you violate any of these Terms and Conditions, your permission to use the Content and this Site will automatically terminate, and you must immediately destroy any copies you have made of any portion of the Content. In addition, the limited license granted herein by Sharewik may be terminated at any time and for any reason or for no reason, without cause or notice. Sharewik reserves the right to revoke the limited license if you fail to comply with appropriate quality control measures, which Sharewik may promulgate and communicate to you from time to time.
Copyright Infringement: If you believe that any material contained in this Site infringes your copyright, you should notify Sharewik of your copyright infringement claim in accordance with the following procedures:
Sharewik will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Site's Designated Agent, who is:
ShareWIK Media Group, LLC
1100 Spring Street, Suite 760
Atlanta, Georgia 30309
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sharewik to locate the material;
4. information reasonably sufficient to permit Sharewik to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. PASSWORD POLICY
Use of certain services on this Site requires both identifying information, a user i.d., and a password. Using both the user i.d. and password, registered users can access certain portions of the Site.
Anyone with knowledge of both your user i.d. and password can gain access to this site and the information that is available to you. Accordingly, ALL PASSWORDS MUST BE KEPT SECRET. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password.
As a condition of use, you will also immediately notify Sharewik if you become aware of any loss or theft of the password or any unauthorized use of the password. Sharewik will respond promptly to any requests for additions, changes, or deletions to the authorization of registered users and will promptly reset any passwords that may have been compromised.
8. FORUMS POLICY
You agree as follows:
Public Forums: You acknowledge that Sharewik provides certain discussion groups, blogs, bulletin boards, chat rooms, or other communication forums ("Forums") as a public service and does not endorse, and cannot be held liable for, chats, postings, conferences, and other communications by you or any other person, and such communications shall not be considered to have been received, screened, or approved by Sharewik.
Obey the Rules: You agree to use any Forum solely to send and receive messages and material that are appropriate and related to the particular Forum.
Don't Believe Everything You Read: You should exercise independent judgment and skepticism before relying on information on a Forum, since it may be incorrect or misleading. You rely on information posted by other users solely at your own risk.
Age: You agree that you will not use any Forum unless you are at least thirteen (13) years of age.
User Prohibitions: You may not use this Site, including its Forums, to do any of the following:
(a) post, store, or distribute any threatening, abusive, harassing, libelous, defamatory, obscene, or legally objectionable materials of any kind, including anything constituting or encouraging a criminal offense, giving rise to civil liability, or otherwise violating any laws;
(b) post any non public information about companies without the proper authorization to do so;
(c) provide false information on your registration, impersonate someone else, or misrepresent a relationship with any person or entity;
(d) post, transmit, or otherwise distribute any materials that contain a virus, Trojan horse, worm, or any other harmful or disruptive component;
(e) upload, post, transmit, or otherwise distribute or reproduce any information, software, or other material protected by copyright, trademark, or other intellectual property or proprietary rights, without the permission of the copyright owner or rightholder;
(f) post, transmit, or otherwise distribute any information, software, or other material for commercial purposes, or material that contains advertising or solicitations; or
(g) restrict or inhibit any other user from using and enjoying the Forums.
User License: By posting information to our Forums, you automatically grant--or warrant that the owner of such content has expressly granted—Sharewik a royalty free, perpetual, worldwide, irrevocable, nonexclusive right and license for such information to use, reproduce, modify, create derivative works, publish, edit, translate, distribute, perform, and display the information posted to our Forums alone or as part of other works in any form, media, or technology, whether now known or hereafter developed. In addition, you irrevocably waive all of your moral rights as author in respect of such information.
Monitoring Rights: We have the right to monitor the content of our Site, including any messages posted on our Forums, to see if our users are following these Terms and Conditions. If we find any material on our Forums that we, in our sole judgment, find unlawful, offensive, inappropriate, or otherwise objectionable, in our sole discretion, we have the right, but not the obligation, to delete it. However, we do not promise that we will regularly read and review every posting.
9. USER SUBMISSIONS
10. LINKING TO THE SITE
Sharewik encourages you to link to our Site, for noncommercial purposes only and only for the convenience of visitors to your own Site, provided you notify us. We may provide you with the HTML linking code needed to create a link to our Site. We also may provide you with a sharewik.com button or banner link. Although we would like you to link to our Site, you only have our permission to link to our home page at www.sharewik.com. Notices of such linkage should be addressed to email@example.com. Deep linking into the various areas of our Site or framing of any of our Site pages without our prior written permission will be a violation of these Terms and Conditions. Linking to the Site is subject to the provisions of Paragraph 6 of these Terms and Conditions regarding intellectual property and use of Content. You may not make any statement suggesting or implying in connection with any link to our Site that Sharewik has in any way endorsed, approved, or sponsored your own Site or any content thereon. In addition, the use of robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission is also in violation of these Terms and Conditions.
11. LINKS TO OTHER SITES
The Site contains links to sites operated by third parties. We do not, either expressly or by implication, endorse the Content on such sites or any association it may have with third parties. The links are provided for your convenience only. We have no control over such sites, nor do we review the Content on those sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
12. GENERAL LEGAL PROVISIONS
International Laws: Sharewik is based in Atlanta, Georgia, in the United States of America. Sharewik makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Sharewik Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Sharewik, or in any way relating to your use of the Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Sharewik or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles.
Termination: Sharewik may terminate these Terms and Conditions without cause at any time and effective immediately. In addition, Sharewik, in its sole discretion may terminate these Terms and Conditions immediately and without notice for violation of any part of these Terms and Conditions. You may also terminate these Terms and Conditions by simply discontinuing use of the Site. In the event of any termination of these Terms and Conditions, the restrictions on your use of the Content as set forth in Paragraph 4 (“Disclaimers”), Paragraph 5 (“Limitation of Liability”), Paragraph 6 (“Intellectual Property and Use of Content”), Paragraph 9 (“User Submissions”), and this Paragraph 12 (“General Legal Provisions”) shall survive such termination, and you agree to be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold Sharewik, its officers, directors, managers, members, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Non-waiver: Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions: You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
Last Updated: June 2009
Copyright © 2009 ShareWIK Media Group, LLC. All rights reserved.