PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! My Blank Hurts!, Inc. ("My Blank Hurts!") may revise and update these Terms and Conditions at any time. Your continued usage of the My Blank Hurts! website ("My Blank Hurts! Site," or the "Site,") will mean you accept those changes. INDEX THE SITE DOES NOT PROVIDE MEDICAL ADVICE LIABILITY OF MY BLANK HURTS! AND ITS LICENSORS MY BLANK HURTS! LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS") ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT COMPLETE AGREEMENT THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the My Blank Hurts! Site, such as text, graphics, images, information obtained from My Blank Hurts!'s licensors, and other material contained on the My Blank Hurts! 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The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with My Blank Hurts! 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 My Blank Hurts!. All rights not expressly granted herein are reserved to My Blank Hurts! and its licensors. If you violate any of these Terms and Conditions, 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 MY BLANK HURTS! AND ITS LICENSORS. The use of the My Blank Hurts! Site and the Content is at your own risk. When using the My Blank Hurts! Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of My Blank Hurts! and its suppliers. Accordingly, My Blank Hurts! 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 My Blank Hurts! Site. The My Blank Hurts! Site and the content are provided on an "as is" basis. MY BLANK HURTS!, 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, My Blank Hurts!, its licensors, and its suppliers make no representations or warranties about the following: 1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the My Blank Hurts! Site or My Blank Hurts!. 2. 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 My Blank Hurts! Site. In no event shall My Blank Hurts!, its licensors, its suppliers, or any third parties mentioned on the My Blank Hurts! 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 My Blank Hurts! Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not My Blank Hurts!, its licensors, its suppliers, or any third parties mentioned on the My Blank Hurts! Site are advised of the possibility of such damages. My Blank Hurts!, its licensors, its suppliers, or any third parties mentioned on the My Blank Hurts! 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. The personal information you submit to My Blank Hurts! is governed by the My Blank Hurts! Privacy Policy. To the extent there is an inconsistency between this Agreement and the My Blank Hurts! 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 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 My Blank Hurts! 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 party. If you submit any business information, idea, concept or invention to My Blank Hurts! 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 My Blank Hurts! by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—My Blank Hurts! 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. My Blank Hurts! 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 My Blank Hurts! by email. We try to answer every email in a timely manner, but are not always able to do so. My Blank Hurts! has several tools that allow you to record and store information. 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If you use a Public Area, such as a chat room, bulletin board or community Ask Our Expert 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. My Blank Hurts! 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:
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My Blank Hurts! or its licensors have no liability or responsibility to users of the My Blank Hurts! Site or any other person or entity for performance or nonperformance of the aforementioned activities ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. My Blank Hurts! may provide links to third-party web sites. My Blank Hurts! also may select certain sites as priority responses to search terms you enter and My Blank Hurts! may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. My Blank Hurts! does not recommend and does not endorse the content on any third-party websites. My Blank Hurts! is not responsible for the content of linked third-party sites, sites framed within the My Blank Hurts! 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. My Blank Hurts! does not endorse any product advertised on the My Blank Hurts! Site. You agree to defend, indemnify, and hold My Blank Hurts!, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. My Blank Hurts! is based in Los Angeles, California. My Blank Hurts! makes no claims that My Blank Hurts! Content is 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 My Blank Hurts! Site 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, Indemnity, Jurisdiction, and Complete Agreement. You expressly agree that exclusive jurisdiction for any dispute with My Blank Hurts!, or in any way relating to your use of the My Blank Hurts! Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving My Blank Hurts! or its affiliates, subsidiaries, employees, contractors, officers, directors, and content providers. These Terms and Conditions are governed by the laws of the State of California. 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 TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT: 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 My Blank Hurts!'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. My Blank Hurts!'s agent for copyright issues relating to this web site is as follows: My Blank Hurts!, LLC. Or call: 310-410-3910 In an effort to protect the rights of copyright owners, My Blank Hurts! maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers. Except as expressly provided in a particular "legal notice" on the My Blank Hurts! Site, these Terms and Conditions and the My Blank Hurts! Privacy Policy and Agreement constitute the entire agreement between you and My Blank Hurts! with respect to the use of the My Blank Hurts! Site, and Content. Thank you for your cooperation. We hope you find the My Blank Hurts! Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to My Blank Hurts! Office of Privacy at 12226 Idaho Ave., Los Angeles, CA, 90025. We try to answer every email in a timely manner but are not always able to do so. © 2006 My Blank Hurts! Inc. All rights reserved. |
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