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Terms of Use | healthy tc

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.


Application and Acceptance of the Terms of Use

Your Responsibilities

Intellectual and Other Proprietary Rights

Release, Indemnity, Disclaimers and Limitation of Liability

Third Parties


Changes to the Terms of Use

Governing Law and Severability

Copyright Policy

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:

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:

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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