Terms of Use

In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of our U.S. website, mobile application or other digital service (each a “Digital Service”). Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below.

Highlights

Application and Acceptance of the Terms of Use

  • Each time you access or use the Digital Services, you agree to be bound by the Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services that are owned or operated by healthytc Magazine Media, Inc. (“we”, “us”, “our” or “ healthytc ”).
  • You acknowledge that we will use information we obtain about you in connection with your access to and use of the Digital Services in accordance with our Privacy Notice.

Your Responsibilities

  • You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Digital Services.
  • You are solely responsible for any user content you provide to us.
  • You are responsible for your conduct in relation to the Digital Services, and your access to or use of the Digital Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Digital Services” of the Terms of Use below.

Intellectual and Other Proprietary Rights

  • Your access and use of the Digital Services and Content is for personal and noncommercial purposes only.
  • As between healthytc and you, healthytc owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Contentexcept, if applicable, with respect to your User Content.
  • You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
  • If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Digital Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.

Release, Indemnity, Disclaimers and Limitation of Liability

  • You agree to indemnify and hold healthytc (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of the Terms of Use; or (d) your violation of applicable laws or regulations.
  • healthytcdisclaims any warranties and provides the Digital Services “as is”.
  • Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.

Third Parties

  • healthytc is not responsible for any links to third-party websites, apps or other services, including social media platforms.
  • We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

Termination

  • healthytc may, in its sole discretion, terminate your password, account (or any part thereof), access to or use of the Digital Services, or remove and discard any User Content (as such term is defined in the Terms of Use below) or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason.

Changes to the Terms of Use

  • We may revise the Terms of Use prospectively by posting an updated version on the Digital Services.
  • Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.

Governing Law and Severability

  • The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
  • The Terms of Use (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Digital Services.
  • If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Copyright Policy

  • If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.

1. Application and Acceptance of this Agreement

These Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services that are owned or operated by healthytc Magazine Media, Inc. (“we”, “us”, “our” or “ healthytc ”), are a contract in electronic form between you (“you,” “your,” and “yourself”) and healthytc (the “Agreement”). This Agreement sets forth the legally binding terms governing your access and use of the Digital Services. This Agreement applies to healthytc and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Digital Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital Services or any Content (as defined below).

The Digital Services and Content are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Digital Services. We make no representations or guarantees about any aspect of the Digital Services and Content and do not endorse any opinions expressed by any users. THE DIGITAL SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.

2. Privacy Notice

In connection with your access to or use of the Digital Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.

3. Accuracy of Your Information

The information you submit to us through the Digital Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Digital Services.

4. Age Eligibility and Legal Capacity

The Digital Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Digital Services or provide information to us.

By accessing or using the Digital Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Digital Services; if your parent or guardian do not agree with the Agreement as applied to you, then you are not authorized to access or use the Digital Services.

5. Username, Password and Other Credentials

You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Digital Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify healthytc of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.

6. Intellectual and Other Proprietary Rights

Your access and use of the Digital Services and Content is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:

  • The Digital Services include Content that is derived in whole or in part from content or materials supplied and owned by healthytc , healthytc licensors or third parties. As between healthytc and you, healthytc owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Contentexcept, if applicable, with respect to your User Content (as defined below).
  • You acknowledge healthytc valid intellectual and proprietary property rights in the Digital Services and Content and that your use of the Digital Services is limited to accessing, viewing and downloading of the Digital Services and Content, as authorized by healthytc . Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
  • You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Digital Services (including any code used in any software) or Content.
  • You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Digital Services or Content unless expressly permitted by healthytc in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content via, any hardware or software application or make the Digital Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Digital Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Digital Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers and infrastructures.
  • You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
  • To the extent we make the Digital Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
  • You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Digital Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

Any future release, update, or other addition to functionality of the Digital Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Digital Services content or materials must be retained on all copies thereof.Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.

If you provide healthytc any feedback or suggestions for improving or regarding your use of the Digital Services (“Feedback“), you hereby assign to healthytc all rights in the Feedback and agree that healthytc shall have the right to use such Feedback and related information in any manner it deems appropriate. healthytc will treat any Feedback you provide to healthytc as non-confidential and non-proprietary. You agree that you will not submit to healthytc

any information or ideas that you consider to be confidential or proprietary.

7. User Content

“User Content“ means any and all information and content that a user submits to, or uses with, the Digital Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by healthytc . Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will healthytc

be liable for any inaccuracy or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant, to healthytc an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Digital Services are solely between you and such user. You agree that healthytc will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Digital Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and healthytc has no obligation to monitor or delete any such User Content. healthytc may remove or modify any User Content without notice or liability at any time in healthytc sole discretion.

8. User Submissions

Unsolicited Submissions

You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Digital Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. healthytc can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising or sponsored content.

Invited Submissions

From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions“). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Digital Services.

9. Enforcement

If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Digital Services to any person or entity and change eligibility requirements at any time.

If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Digital Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any user account, registration or membership), legal action and/or reporting you to law enforcement authorities. If healthytc elects to modify User Content, healthytc nonetheless assumes no responsibility for the User Content.

healthytc reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or emails you make on or send through the Digital Services. healthytc may seek to gather information from the user who is suspected of violating this Agreement and from any other user. healthytc may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If healthytc believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. healthytc may cooperate with law enforcement authorities or court order requesting or directing healthytc to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS healthytc (and its affiliates and its and their officers, directors, employees, contractors, and agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY healthytc (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER healthytc OR LAW ENFORCEMENT AUTHORITIES.

10. Your Conduct and Responsible Use of the Digital Services

Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:

  • No Criminal or Unlawful Conduct. You may only use the Digital Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
  • Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third party claims that User Content, material or information you have posted on or contributed to the Digital Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Digital Services are the sole responsibility of the sender, not healthytc , and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Digital Services. If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our Digital Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
  • No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other users of the Digital Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Digital Services by any other user or third party, including placing malware on the Digital Services.
  • No Bullying, Impersonation or Interference. You may not use the Digital Services to threaten, abuse, harass, or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with healthytc or with any other person or entity. You may not restrict, inhibit or interfere with any other user or third party from using or enjoying the Digital Services.
  • No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Digital Services.
  • No Violations of Security Systems. You are prohibited from using the Digital Services to compromise the security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, healthytc reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Digital Services or seeking other legal or equitable remedies, once we become aware of any violation of this Agreement.

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