HERPES

Herpes Information Resource | Terms of Service

Terms of Service

By your obtaining access to the Herpes.com web site, you agree to the following Terms of Use and Conditions. If you do not agree to the following Terms of Use and Conditions, you are not allowed to view, access or use the Herpes.com web site.

General

The contents of the Herpes.com Site, such as text, graphics, images, information obtained from Herpes.com’s licensors, and other material contained on the Herpes.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Herpes.com Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Herpes.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Herpes.com, Herpes.com employees, others appearing on the Site at the invitation of Herpes.com, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of content/ Proprietary Rights

The Content of the Site is protected under U.S. and International Copyright Law and Treaties, © Copyright 1996-2014 Herpes.com All rights reserved. Herpes.com authorizes you to view or download a single copy of the material on the Herpes.com Site solely for your personal, noncommercial use if you include the following copyright notice: "© Copyright 1996-2014 Herpes.com All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Herpes.com Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

As between you and Herpes.com, Herpes.com owns, solely and exclusively, all rights, title and interest in and to the web site, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the web site, and the compilation of the content, code, data and materials on the site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the web site does not grant to you ownership of any content, software, code, data, or materials you may access on the web site.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Herpes.com or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Herpes.com. All rights not expressly granted herein are reserved to Herpes.com and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Herpes.com and its licensors

The use of the Herpes.com Site and the Content is at your own risk.

When using the Herpes.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Herpes.com and its suppliers. Accordingly, Herpes.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Herpes.com Site.

The Herpes.com Site and the content are provided on an "as is" basis. Herpes.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Herpes.com, its licensors, and its suppliers make no representations or warranties about the following:

-The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Herpes.com Site or Herpes.com.
-The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Herpes.com Site.

In no event shall Herpes.com, its licensors, its suppliers, or any third parties mentioned on the Herpes.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Herpes.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Herpes.com, its licensors, its suppliers, or any third parties mentioned on the Herpes.com Site are advised of the possibility of such damages. Herpes.com, its licensors, its suppliers, or any third parties mentioned on the Herpes.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. Herpes.com, its licensors, its suppliers, or any third parties mentioned on the Herpes.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HERPES.COM 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, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HERPES.COM AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH HERPES.COM’S OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY HERPES.COM "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND HERPES.COM OR ITS LICENSOR OR SUPPLIER.

Prohibited User Conduct.

You warrant and agree that, while using the web site and the various services and features offered on or through the web site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) defame, libel or slander any person or institution; (c) use profanity or obscene or offensive material ro statements on the Site; (d) insert your own or a third party’s advertising, branding or other promotional content into any of the web site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (e) attempt to gain unauthorized access to other computer systems through the web site; (f) engage in copying the Content (other than for one-time personal use), spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the web site or the services offered on or through the web site, including without limitation any information residing on any server or database connected to the web site or the services offered on or through the web site; (g) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (h) use the web site or the services made available on or through the web site in any manner with the intent to interrupt, damage, disable, overburden, or impair the web site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (i) use the web site or the web site’s services or features in violation of Herpes.com or any third party’s intellectual property or other proprietary or legal rights; (j) use any known or future unknown technology to harvest, names, auction ids web site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (k) use any device, software or scheme that would interfere with the proper functioning of the Web site, or any transaction via the web site; (l) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (m) use the web site or the web site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the web site or the web site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the web site in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party’s use and enjoyment of the web site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the web site.

User Submissions

The personal information you submit to Herpes.com is governed by the Herpes.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the Herpes.com Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to Herpes.com by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any person, organization or party. If you submit any business information, idea, concept or invention to Herpes.com by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Herpes.com by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Herpes.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Herpes.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Herpes.com by email. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Herpes.com site, you warrant that you have permission from all persons appearing in your media for this contribution and warrant that you have authority to grant Herpes.com the rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Herpes.com Advertising Policy and the Herpes.com Privacy Policy.

You agree that you will not upload 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 this Web site.

By uploading any media like a photo or video, (a) you grant to Herpes.com a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Herpes.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Herpes.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

Herpes.com reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Herpes.com "public areas"

If you use a Public Area, such as a chat room, message boards, blogs or community Ask The Doctor posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Herpes.com and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

(1) Using a Public Area for any purpose in violation of local, state, national, or international laws;
(2) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(3) Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Herpes.com in its sole discretion;

(4) Posting advertisements or solicitations of business;
(5) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
(6) Posting chain letters or pyramid schemes;
(7) Impersonating another person;
(8) Distributing viruses or other harmful computer code;

(9) Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
(10) Allowing any other person or entity to use your identification for posting or viewing comments
(11) Posting the same note more than once or "spamming"; or
(12) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Herpes.com, exposes Herpes.com or any of its customers or suppliers to any liability or detriment of any type.

Herpes.com reserves the right (but is not obligated) to do any or all of the following:

(1) Record the dialogue in public chat rooms.

(2) Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(3) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
(4) Terminate a user’s access to any or all Public Areas and/or the Herpes.com Site upon any breach of these Terms and Conditions.
(5) Monitor, edit, or disclose any communication in the Public Areas.
(6) Edit or delete any communication(s) posted on the Herpes.com Site, regardless of whether such communication(s) violate these standards.
(7) Herpes.com or its licensors have no liability or responsibility to users of the Herpes.com Site or any other person or entity for performance or nonperformance of the aforementioned activities

Advertisements, Searches, and Links to Other Sites

Herpes.com may provide links to third-party web sites. Herpes.com also may select certain sites as priority responses to search terms you enter and Herpes.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Herpes.com does not recommend and does not endorse the content on any third-party web sites. Herpes.com is not responsible for the content of linked third-party sites, sites framed within the Herpes.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Herpes.com does not endorse any product, service, or treatment advertised on the Herpes.com Site.

Herpes.com regularly uses sponsorships from relevant organizations, manufacturers, and other leaders dedicated to providing health and lifestyle information. Although there is a commercial benefit for Herpes.com, sponsor information also benefits you, the Herpes.com user, by providing you with information on medications, medical devices, health services, therapies, and products available in the marketplace. Herpes.com provides opportunities for sponsors to bring you their marketing message and information about their products and services by publishing their information or links within our site. We also allow third parties to provide funding for Herpes.com to independently create information about certain topics within a specified health category.

Indemnification.

You agree to defend, indemnify on demand and keep Herpes.com indemnified, and hold Herpes.com and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the web site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the web site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. Herpes.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Herpes.com defense of such claim.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Herpes.com, or in any way relating to your use of the Herpes.com Site, resides in the courts of the State of Florida in Broward County and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in Broward County, in connection with any such dispute including any claim involving Herpes.com 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 Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Herpes.com’s copyright agent (identified below) and providing the following information:
(1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(3) Your name, address, telephone number and (if available) e-mail address.
(4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

(5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
(6) A signature or the electronic equivalent from the copyright holder or authorized representative.

Herpes.com’s agent for copyright issues relating to this web site is as follows:

Global Health Services, Inc.
P.O. Box 480130
Fort Lauderdale, FL 33348-0130

In an effort to protect the rights of copyright owners, Herpes.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Changes to Terms of Use and web site.

Herpes.com reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, and we will post the revised version on this web site. Changes in the Terms of Use will be effective when posted. Your continued use of the web site and/or the services offered on or through the web site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

Miscellaneous

Herpes.com is based in Florida, in the United States of America with principal offices in Fort Lauderdale. Herpes.com makes no claims that Herpes.com, or any Site within the Herpes.com network and the Content are 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 Herpes.com network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnification, Jurisdiction, and Complete Agreement.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Herpes.com Site, these Terms and Conditions and the Herpes.com Privacy Policy constitute the entire agreement between you and Herpes.com with respect to the use of the Herpes.com Site, and Content.