Terms and Conditions of use for the WhatNext Network:
Effective August 1, 2011
This World Wide Web site with its home page in the domain “WHATNEXT.com” (“WHATNEXT” or “Website”) is a complimentary information and community service (“Service”) offered by WHATNEXT at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Your registration to WHATNEXT represents that you have read and accepted the terms of this User Agreement. WHATNEXT reserves the right to change these terms and conditions at any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Do not use the Website if you do not agree to all of the following terms and conditions.
You acknowledge that the information on the Website is provided “AS IS” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. WHATNEXT MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
You agree that you will hold harmless WHATNEXT and its volunteers, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will WHATNEXT or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You acknowledge that opinions and recommendations contained in this Website are not necessarily those of the WHATNEXT or endorsed by WHATNEXT.
RIGHTS AND RESPONSIBILITIES OF USERS
No reproduction of content
Each User agrees not to reproduce, duplicate, copy, sell, resell, redistribute, exploit for any commercial purpose or publish the information provided on the WHATNEXT Web service, or sell, resell or redistribute any software downloaded from the Service, without obtaining the express, prior written consent of WHATNEXT. This restriction includes any attempt to incorporate the information contained in the Service into any email or other “white pages"” directory. Such information includes the names, e-mail addresses and other personal information provided by the website users “Members” of WHATNEXT network and any other Users of the Service.
No use of automated information compilers
Each User agrees not to use any automated means to download or reconstruct the information contained in the Service or compiled by WHATNEXT.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the WHATNEXT site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
No solicitation or "spam"
Each User agrees not to use WHATNEXT or the information provided on the WHATNEXT site to solicit any person listed therein or to send “junk email” or “spam” to any such person. Further, each User agrees not to sponsor or list as a contact any person they do not know, any person who has explicitly informed the User that they do not wish to participate in the Service, any other person who the User knows would be offended or annoyed by being asked to participate in the Service. Additionally, User agrees not to disclose personal information or identifiers about other persons which violates their privacy or confidence.
No harassment or objectionable use of the Service, or interference with others' use of the Service
Each User agrees not to harass, threaten or make any other objectionable communication with any person who is part of the WHATNEXT domain or site and further agrees to cease such conduct at the request of either WHATNEXT, the person to whom the conduct is targeted, or applicable government authorities.
Each User shall use WHATNEXT solely for lawful purposes. No User shall promote or contribute to the delinquency of a minor or solicit a minor in any way through use of the Service.
Each User agrees that he or she is 18 years of age or older. Users under the age of 18 years agree not to use WHATNEXT.
No User shall engage in any conduct that, as determined in WHATNEXT’s sole and absolute discretion, inhibits any other User from using or enjoying the Service.
Provision of truthful and accurate material
Each User agrees that any information provided by such User will be truthful, accurate and not misleading, to the best of the User’s knowledge. Users agree not to misrepresent themselves when using this service.
No defamatory, objectionable or infringing material
A User shall not post, provide or otherwise make available any material of any sort (including member information, such as names and usernames, postings and other publicly viewable information) that:
- (a) is defamatory or libelous or would violate or infringe in any way upon the rights of others,
- (b) is protected by copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, without the express permission of the owner of such right,
- (c) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, or would give rise to criminal or civil liability of any kind whatsoever,
- (d) is illegal or promotes illegal activity,
- (e) is deliberately false or misleading,
- (f) is rude, demeaning, crass, insulting, indecent, pornographic, obscene, objectionable or offensive,
- (g) promotes bigotry, racism, prejudice, discrimination, or hatred,
- (h) is threatening or abusive or promotes emotional, psychological, or physical harm or violence against any individual or group,
- (i) violates any laws regarding unfair competition, anti-discrimination or false advertising, or
- (j) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No User shall use WHATNEXT to proselytize, and the religious beliefs of all faiths are to be respected. The spiritual beliefs of all Members are to be respected regardless of whether they are in accordance with the beliefs of any religious group or teachings of other Members. No User shall disrespect or judge the beliefs or decisions of other Members on religious, spiritual, or other issues including but not limited to lifestyle, relationships, and medical care.
WHATNEXT reserves the exclusive right to establish and modify the criteria for what constitutes offensive or objectionable content. It is impossible for WHATNEXT to know whether a posting represents a copyright or other infringement. The provider of any content is responsible for ensuring that such content does not violate any extant copyright or trademark.
General compliance with laws
Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of our Service.
No commercial use of the service
No User shall use the Service for commercial activity (other than incidental use) or for any solicitation whatsoever (including the selling of “opportunities,” such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless the aspect of the Service in question explicitly endorses such use or WHATNEXT has provided its prior, written consent to use. This means there is to be no advertising or promotion for commercial purposes.
Applicability of export restrictions
Users agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
Self-protection from viruses
It is up to each User to take precautions to ensure that anything selected for personal use is free of such items as software viruses, worms, trojan horses and other items of a harmful or destructive nature.
Privacy and passwords
Upon registering to become a Member of the Service, each User shall provide a valid email address and accurate geographic information (i.e. country, state when applicable, and postal code) as well as a Username of his or her choice so long as it is not already in use by another member. Members shall understand that they are advised to select a Username which does not include any personal identifiers and that registering a Username containing personal identifiers is solely the responsibility of the Member.
Each Member is solely responsible for maintaining the confidentiality of his or her password (or modifying such password) and account. Each Member shall immediately notify WHATNEXT of any unauthorized use of the Member’s account or other breach of security. WHATNEXT is not responsible for such unauthorized use and makes no warranties as to the correction of such unauthorized use. Members may not disclose or share their password to any third parties or use their password for any unauthorized purpose.
Discontinuance of membership
Each Member is free at any time and for any reason to discontinue use of the Service and to remove from the Service any information provided by such User to WHATNEXT, upon reasonable notice thereof.
Proper and full use of the Service may require the access to, and the use of, email by the User. Failure to obtain regular and complete access to email (and, in particular, the email accounts that the User has listed with the Service), may interfere with the User’s ability to use and fully enjoy the Service, and thus each User is encouraged to maintain such email access.
Violation of any of the terms and conditions contained in this Agreement will result in immediate termination of the User’s right to use this service and WHATNEXT reserves the right to invoke any and all remedies available to it either in law or equity, including the right to remove or edit content posted by a user.
Copyright and related rights
Throughout this Agreement, the term "Collaborator" shall refer to any subcontractors or health related organizations used by WHATNEXT for web and content development, management, operations, and research.
Each User grants WHATNEXT and each applicable Collaborator a perpetual, irrevocable, royalty-free, non-exclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and exercise all copyright and publicity rights with respect to any content such User provides to the Service worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in this Usage Agreement. In addition, no Member may seek to restrict WHATNEXT's rights to such content through the use of a statement or legend. (If any User does not wish to grant such rights to WHATNEXT, it is suggested that the User not provide such content to the Service.) Other than materials a User may author and post, material may not be excerpted or copied for any other purpose without the express written consent of WHATNEXT.
Protection of information and limitations thereon
If so requested, WHATNEXT shall make reasonable efforts not to disclose personal information provided by a User; provided, however, that such requests must be consistent both with the aims and description of particular aspects of the Service at the time of such request and at any time in the future and also with the technical limitations and design of the Service at the time of such request and at any time in the future. To the extent that a request is inconsistent at the time of the request or at any time in the future, then WHATNEXT reserves the right not to honor such request. Further, each User acknowledges that use of the Service requires that certain minimum information about the Member be made available to all Users of the Service, and that such information shall be used consistent with the terms of the “Use of Information” provision above.
By providing information and data to the Service, each User also implicitly authorizes WHATNEXT to disclose such information and data in the good faith belief that such action is reasonably necessary
- (a) to comply with the law;
- (b) to comply with legal process (including by making such information available to a government agency or court if so requested, with or without the necessity of a subpoena);
- (c) to enforce this Usage Agreement and the rules promulgated thereunder;
- (d) to respond to claims that any content violates the rights of third parties; or
- (e) to protect the interests of WHATNEXT.
Modification of service
WHATNEXT reserves the right to modify or discontinue the WHATNEXT Service at any time without prior notice to any User, and WHATNEXT shall not be liable to any User or any third party for any discontinuation of service.
WHATNEXT may provide links on the Website to other websites which are not under the control of WHATNEXT. In general, any website which has an address (or URL) which does not contain "whatnext.com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by WHATNEXT of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
You may provide a hypertext link to this Website on another website, provided: (a) that the link must be a text-only link clearly marked "WHATNEXT," (b) the link must "point" to the URL "http://www.WhatNext.com" and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with WHATNEXT's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than WHATNEXT is associated with or sponsored by WHATNEXT, (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website, and (f) WHATNEXT reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by WHATNEXT.
The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by WHATNEXT, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without WHATNEXT's prior written consent, except that the user may make such temporarily copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of WHATNEXT.
ACKNOWLEDGEMENT BY USERS OF WHATNEXT’S RIGHTS AND OBLIGATIONS
Each User acknowledges that:
Copyrights: The contents and data contained in the Service constitute a compilation copyright of WHATNEXT and that any reproduction, duplication, copy, sale, exploitation, redistribution or publication of such content and data is prohibited without the express, prior written consent of WHATNEXT. Any software that is made available for download (“Software”) is the copyright of WHATNEXT or its suppliers. Use of such Software is governed by the terms of the applicable end-user license agreement, if any. End users shall not install or use any Software that is accompanied by or includes a license agreement, unless the end user first agrees to the terms of the license agreement.
Distributor only; lack of editorial control; no endorsement of content: WHATNEXT (and each applicable Collaborator) is a distributor only (and not a publisher) of content supplied by Users to the Service (including postings to my bulletin board, and recommendations in recommendations). Accordingly, WHATNEXT (and each applicable Collaborator) has no more editorial control over such content than does a public library, bookstore or newsstand. Users are solely responsible for the content they post. WHATNEXT makes no warranties, express or implied, as to the content contained in the Service, or to the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by any User in any such content are those of such User only, and WHATNEXT neither endorses nor shall be held responsible for the reliability, accuracy or usefulness of same, nor for its merchantability or fitness for any particular purpose. WHATNEXT does not guarantee the accuracy of any information found on the Service, included information provided by WHATNEXT (such as news), and WHATNEXT disclaims any liability for any such information, or any harm it might cause.
Removal of content; right but not obligation to monitor content: WHATNEXT shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to refuse to post or to delete or edit any information or data which WHATNEXT becomes aware of which WHATNEXT determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, pornographic, hateful, rude, abusive, disruptive, defamatory or otherwise in violation of this Usage Agreement. WHATNEXT shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to monitor the content of the Service provided by Users, in order to determine compliance with this agreement and any operating rules established by WHATNEXT, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.
Termination of access and membership accounts: WHATNEXT shall have the right, in its sole and absolute discretion, for any or no reason, with or without notice, to restrict or terminate, either temporarily or permanently, such User’s use of or access to the Service, including due to any violations of the Terms and Conditions.
Potential lack of resources: WHATNEXT may not have sufficient resources to respond in a timely manner to each and every request made by a User to WHATNEXT for information or help and WHATNEXT shall maintain no liability for such failure to timely respond.
Risk of interception: Any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that the User shall bear all risks associated therewith. Each User acknowledges that any material and/or data downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and that the User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.
Viewing of information for Service purposes: WHATNEXT, and its employees and agents, may view individual User information for the purposes of customer service and account maintenance.
Storage of information: WHATNEXT is not responsible for the storage, failure to store or deletion of any materials (postings, email messages or otherwise) or other User information.
ECPA: Pursuant to the Electronic Communications Privacy Act of 1986 (as amended), 18 USC 2510 et. seq., there are no facilities provided by the Service for sending or receiving private or confidential electronic communications or content. All communications and content shall be deemed to be readily accessible to the general public. The Service is not to be used for any communication for which the sender intends only the sender and the intended recipient(s) to read or view.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
Each User hereby agrees to defend, indemnify and hold harmless WHATNEXT and each applicable Collaborator, their officers, directors, employees, volunteers, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's use, misuse or abuse of the Service.
Each user acknowledges and agrees that the use of the service is at the user's sole risk. Neither WHATNEXT nor any collaborator nor any other party, including any licensee, officer, employee or agent of the same warrants or represents that the service will be uninterrupted or error free or that any defects in the service will be corrected. In addition, neither WHATNEXT nor any collaborator nor any licensee, officer, employee or agent of the same makes any warranty or representation as to:
- (A) The outcome of any query or any other use of the service
- (B) The validity, integrity, accuracy, quality, currentness, completeness, adequacy or suitability of any result or of any information contained in the service, or
- (C) The suitability of the service for all users, including children. WHATNEXT and, as applicable, any collaborator, make the service available free of charge, on an "as is," as available basis, without warranties of any kind, whether express or implied, including without limitation warranties of title or warranties of merchantability or fitness for a particular purpose or otherwise, except for those warranties that are incapable of exclusion, restriction or modification under applicable law.
Each user acknowledges that neither WHATNEXT nor any Collaborator nor any person involved in creating, producing, or delivering the service shall have any liability for any direct, indirect, incidental, special, punitive or consequential damages or any other damages arising out of or relating to in any way.
- (A) Any violation by any user of the terms of the usage agreement
- (B) The use of, availability of, reliance upon or inability to use the service
- (C) Any errors, omissions or inaccuracies in the information contained in the service, or
- (D) Any breach of any warranty, even if WHATNEXT or any collaborator shall have been advised in advance of the possibility of such damages. This limitation shall apply regardless of the form of any action, whether it shall sound in contract, tort or otherwise.
Each user acknowledges that the sole remedy for any damages caused or allegedly caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or other cause associated with the service, shall be to terminate such user's membership, if applicable, remove any information provided by the user to WHATNEXT, and discontinue further use of the service.
Each User agrees 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 Service or the these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Each User acknowledges that WHATNEXT makes no representations whatsoever about any other Web site (including that of a Collaborator) which the User may access through the Service (such as from a link or pointer contained on the WHATNEXT site), and that when a User accesses a non-WHATNEXT Web site, it is independent from WHATNEXT, that WHATNEXT has no control over the content on that Web site, and that WHATNEXT has no liability for any content or any actions taken on another party's Web site, including that of a Collaborator. In addition, a link to a non-WHATNEXT Web site does not mean that WHATNEXT endorses or accepts any responsibility for the content or the use of such Web site. Users access such other sites at their own risk.
No advice or information, whether oral or written, obtained by a User from WHATNEXT or through the Service, shall create any warranty not expressly made herein.
None of the content provided by such User constitutes confidential communications and participation in the Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between such User and WHATNEXT (other than the contractual relationship between WHATNEXT and such User entered into by virtue of your acceptance of this Usage Agreement).
The section headings and subheadings contained in this Usage Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Usage Agreement.