Welcome to the PAIN EXHIBIT, INC., (“PAIN Exhibit,” “We” or “Us”) website, www.painexhibit.org (the “Site”). The Site is provided as a service to our viewers and your use of this Site is governed by these terms and conditions, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Terms”). Your use of and/or registration on any aspect of the Site will constitute your agreement to comply with these Terms. If you do not agree to these Terms, you may not access or use the Site. Among other things, these Terms govern all text, articles, photographs, images, graphics, illustrations, creative work, new articles, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, and other brand identifiers, designs, data, statistics, indexes, and all other content, information, and materials (collectively, “Content”) available on or through our Site, whether posted, uploaded, transmitted, sent or otherwise made available to you.
If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
DESCRIPTION OF SERVICES
At PAIN Exhibit, our mission is to educate healthcare providers and the public about chronic pain through art and to give a voice to the many who suffer in silence through our on-line exhibit available on the Site (“Services”). Services include, but are not limited to, any service and/or content PAIN Exhibit makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
COMMENTS BY USERS ON THE SITE ARE NOT NECESSARILY ENDORSED BY PAIN EXHIBIT
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the editorials, comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Site by our users, including without limitation in our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, or elsewhere. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Site through our users, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Site, including Content that violates the Terms.
USER GENERATED CONTENT
While We encourage an open exchange of information and ideas on the Site, You agree to assume full and sole responsibility for any content you post/submit to the Site (“User Content”), and you agree to neither post/submit nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive content, or content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other content that infringes on the ability of others to enjoy the Site or is otherwise inappropriate. By submitting or posting User Content on the Site, you represent and warrant that the contents are original to you and that no other party has any rights thereto. You also represent and warranty that any and all “moral rights” in the User Content, if any, have been waived. Your User Content submitted or posted to the Site shall be treated as non-confidential and nonproprietary.
Although We do not routinely monitor the postings to the Site, We reserve the right (but assumes no obligation) to delete, move, or edit any User Content that comes to our attention that We consider in our sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of PAIN Exhibit, restricts or inhibits any other user from using or enjoying the Site will not be permitted. We reserve the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of the United States.
Except as expressly provided otherwise in the Agreement, you or the owner of any Content you post, upload, transmit, send or otherwise make available on or through the Site retains ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending or otherwise making available Content or engaging in any other form of communication with us (on or through the Site or otherwise) you irrevocably grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications, in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send or otherwise make available in any manner as we see fit without any compensation or attribution to you.
Please be aware that Content you disclose in publicly accessible portions of the Site may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE SITE.
We strive to provide an enjoyable online experience for our viewers, so we may monitor activity on the Site, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, and elsewhere, to foster compliance with the Terms. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Site, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Terms. We generally do not pre-screen User Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Site, so you may be exposed to User Content that is opinionated, offensive, and/or inappropriate, including content that violates the Terms.
This Site is not intended for users under the age of 13 and We do not knowingly collect personal identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Site or submitting their personally identifiable information to us, and from using portions of the site for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, contests/sweepstakes, and elsewhere. While We do distribute Content that may be watched by children, our Site is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. By using this Site, you represent that you are at least 13 years of age.
This Site is owned by PAIN Exhibit and we and/or our licensors own all right, title and interest in and to the Site, all Content featured or displayed on the Site, as well as the look and feel and the design of the Site and the organization of the Content on the Site, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any Content on the Site.
You may access Content for your personal and non-commercial use solely as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content. PAIN Exhibit and its licensors reserve all rights not expressly granted in and to Site.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms. PAIN Exhibit may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote its business.
PAIN Exhibit is the registered trademark of PAIN Exhibit. Other trademarks that appear on our Site and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. Any images of persons or personalities contained on our Site and user interfaces are not an indication or endorsement by Us or any particular product or Our Service unless otherwise indicated. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without Our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying PAIN Exhibit that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I confirm, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed to:
Re: copyright infringement
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
LINKS TO OTHER WEBSITES
SENSITIVE INFORMATION DISCLAIMER
The Site may include general Content relating to a range of topics, including medical, health or legal issues relating to chronic pain. You should not rely on the Site for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content obtained on or through this Site before making any decisions based on such Content. THE CONTENT AVAILABLE ON OR THROUGH THIS SITE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, OR LEGAL ADVICE OR (B) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR LICENSEES, LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS SITE.
DISCLAIMERS OF WARRANTIES
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SITE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SITE AND/OR COMMUNICATIONS FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SITE, AND WE WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF OUR SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. PAIN EXHIBIT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
LIMITATION OF LIABILITY
You agree to fully and completely defend, indemnify and hold harmless PAIN Exhibit, its officers, directors, employees, agents, licensees, licensors, suppliers, successors and assigns from and against any and all claims, disputes, charges, demands, complaints, proceedings, judgments, damages, losses, liabilities, costs and expenses including reasonable attorneys’ fees, of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your use of the Site or your breach or violation of the law or the Terms.
We may, change, suspend or discontinue this Site at any time without any notice at our sole discretion. We may restrict, suspend or terminate your access to the Site if we believe you are in breach of our Terms or applicable law, or for any other reason without notice or liability. We will revoke the Site use privileges of users who are repeat infringers of intellectual property rights.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California, Northern District of California, and County of San Francisco. By using Our Site you agree to submit to the exclusive jurisdiction of the courts located in San Francisco County of the State of California.
We are a company based in the United States. We are committed to bring you as much Content as is legally available, within the limitations we have by the rights that our content licensors grant to us. Using technologies to access the Content from territories where We do not have rights or do not offer services is prohibited. This Site is controlled and operated by Us from our offices in the United States. These Terms including, without limitation, any other Terms that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Terms and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of PAIN Exhibit to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Any action that you may desire to bring arising out of or related to these Terms and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
EFFECTIVE DATE: April 8, 2013