MAKERHEALTH USER AGREEMENT
MakerHealth is a brand of Pop Up Labs LLC (“Pop Up Labs”), which hosts the MakerHealth website (the “Site,” which includes all pages within the http://www.makerhealth.co host directory). MakerHealth is an initiative to recognize and support nurses in their work as creative inventors of medical technology.
MakerHealth reserves the right to change the terms of the User Agreement or to modify its features at any time. The Site will post changes to the terms of this User Agreement at http://www.MakerHealth.co/terms, and by accessing the Site after modifications to this User Agreement have been posted, you agree to be bound by all the modified terms.
ACCEPTANCE OF TERMS
By accessing content on the Site, you accept and agree to be bound by all of the terms of this User Agreement.
You affirm that you are either 17 years of age or older, or if you are younger than 17, that you have the permission of a parent or legal guardian to accept the terms of this User Agreement.
You must be 13 years or over to access registration-only features on this Site. If we discover or have any reason to suspect that you have not met this condition, then we reserve the right to suspend or terminate your registration to this Site immediately and without notice.
USE OF SITE CONTENT
For the purposes of this User Agreement, the term “Site Content” means all content posted to the Site by MakerHealth authors and freelancers as well as User-Generated Content. You may engage in only noncommercial uses of Site Content. In addition, without first obtaining our permission, you may not otherwise reproduce, retransmit, distribute, display, publish, commercially exploit or otherwise make available any Site Content. The use restrictions in this paragraph do not apply to User-Generated Content that you personally submitted to the Site for publication.
Nothing in this User Agreement shall be construed to limit or transfer to you any ownership rights in Site Content.
USE OF THIRD-PARTY CONTENT
To the extent the Site incorporates the copyrighted content of third parties (“Third-Party Content”), you may make only such uses of said Third-Party Content as are consistent with applicable copyright law. Pop Up Labs does not warrant that any use of Third-Party Content will not infringe the rights of the content owners.
If you believe that any content on the Site infringes your copyrights, please click here.
The Site includes features that support and publish User-Generated Content. For purposes of this User Agreement, the term “User-Generated Content” means any content that users submit to the Site. The Site may solicit and publish User-Generated Content through its blog, video postings, and chat features, among other forums. By accessing the Site, you agree that you will not make use of these features:
- To make comments that are threatening, knowingly false, or unlawful; to use foul language; or to engage in personal attacks;
- To impersonate any person or entity or create a false identity on the Site;
- To harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Site;
- To disseminate or transmit “spam,” unsolicited messages, chain letters, advertisements, solicitations, or other unsolicited commercial communications, including (but not limited to) communications describing investment opportunities;
- To post material that infringes a copyright, trademark or patent right, trade secret or other legal right of any person, corporation or institution, including MIT;
- To collect, print out, reproduce, distribute, or otherwise make available or use any personally-identifiable information about other users;
- To post content that expressly or impliedly endorses or opposes any candidate for public office or any political party or that encourages others to contact a government official to express support for, or opposition to, any legislation, including a specific legislative proposal that has not yet been introduced;
- To disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, spyware, or other items of a destructive nature or any other malicious code or program; or
- To carry out any action with the intent or effect of disrupting other users’ experience of the Site.
By submitting User-Generated Content for publication on the Site, you grant Pop Up Labs an irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, publicly perform, publicly display, create derivative works of, and distribute said content. Except as stated in this User Agreement, you do not grant Pop Up Labs any right, title, interest, or license in any of your intellectual property, including but not limited to patent rights in technologies described in User-Generated Content that you may post.
By submitting User-Generated Content, you warrant and represent that you own or otherwise control all of the rights to your content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and for Pop Up Labs to post, upload, cross-post, or cross-upload the content.
You may edit or remove content you have posted on the Site at any time. When you delete content from the Site, such deleted content, while not available to the viewing public and other Site users, will remain on the Site server until such time as you make a specific request to Pop Up Labs for permanent deletion of such content from the Site server. Such requests must be made in writing, via email, to the Site’s Editor at the following address: email@example.com.
You further acknowledge and accept that User-Generated Content posted to the Site may be made available for the public to access, view, and use, subject to the limited license set forth above (“Use of Site Content”).
You acknowledge and accept that Pop Up Labs monitors User-Generated Content on the Site, and that Pop Up Labs reserves the right to modify, edit, or remove any of said content at its discretion, without notice, and for any reason. You further acknowledge and accept that Pop Up Labs may prescreen User-Generated Content and may decide, in its discretion, without notice, and for any reason, not to publish it. Pop Up Labs assumes no responsibility for monitoring, modifying, removing, or declining to publish User-Generated Content on this Service.
You further acknowledge and accept that the views and opinions expressed by other users on the Site are theirs alone and should not be ascribed to MakerHealth or Pop Up Labs. User-Generated Content and Third-Party Content are the sole responsibility of the users and third parties, and their accuracy and completeness are not endorsed or guaranteed by MakerHealth or Pop Up Labs.
Finally, you acknowledge and accept that you are solely responsible for actions and communications undertaken or transmitted through your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, in connection with your use of or activities on this Site.
PROHIBITED USES OF THE SITE
You may not access or use the Site in any manner that could damage or overburden any Pop Up Labs server, or any network connected to any Pop Up Labs server. You may not use the Site in any manner that would interfere with any other party’s use of the Site.
USE OF NAMES
You may not use Pop Up Labs’s names, trademarks, logos, or insignia, or any version, abbreviation or representation of them, in any advertising, publicity, promotional materials or other public announcement without the prior written consent of Pop Up Labs
REGISTRATION, PRIVACY, AND TERMINATION OF ACCESS
DISCLAIMER OF WARRANTY/ LIMITATION OF LIABILITY
Your use of the Site is at your own sole risk. To the fullest extent permitted by the law, Pop Up Labs disclaims all warranties, express or implied, in connection with the Site and your use thereof. Pop Up Labs makes no warranties or representations about the accuracy or completeness of the Site’s content (including User-Generated Content and Third-Party Content) or the content of any websites linked to this Site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies in content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (3) any unauthorized access to or use of Pop Up Labs’s secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Site; (5) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party; and/ or (6) any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. You assume all risk as to the quality, function, and performance of the Site, and to all transactions you undertake on the Site, including without limitation submission of any User-Generated Content.
You agree that Pop Up Labs will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to (1) this User Agreement, (2) your (or any third party’s) use or inability to use the Site, (3) your placement of User-Generated Content on the Site, (4) your reliance upon information obtained from or through the Site, or (5) your communications with other users of the Site. Specifically, Pop Up Labs will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to (a) this User Agreement, (b) your use or inability to use a site, (c) your placement of content on the Site, (d) your reliance upon information obtained from or through a Site, or (e) your communications with other users of the Site, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability.
The information provided here is for educational and research purposes only and is not a substitute for advice from a physician or hospital care. We strongly encourage any reader to consult a physician before making use of any of the innovations described on the Site.
You shall indemnify, defend and hold harmless Pop Up Labs LLC and all their affiliates, employees, faculty members, fellows, students, members of their governing boards and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including but not limited to reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (1) your posting of User-Generated Content, and (2) any breach by you or any user of your account of this User Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
CONTACTING THIS WEBSITE
EFFECTIVE DATE OF AGREEMENT
The effective date of this User Agreement is August 16, 2016.