A Member shall use the Psych Central Network for lawful purposes only. Member shall not post or transmit through the Psych Central Network any material: B The Psych Central Network contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Psych Central Network are copyrighted as a collective work under the United States copyright laws.
Psych Central owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Member may not publish, modify, or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Psych Central and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C Member shall not upload, post or otherwise make available on the Psych Central Network any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member.
Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Member hereby grants Psych Central the right to edit, copy, publish and distribute any material made available on the Psych Central Network by Member.
D Members are prohibited from violating or attempting to violate the security of the Site, including, without limitation: You are also prohibited from: Violations of system or network security may result in civil or criminal liability.
E Member shall not conduct any type of research on the Psych Central Network, or any website, service of the Psych Central Network, including the Forums at the Psych Central Network for the purpose of publication or to fulfill a set of educational requirements for an educational institution.
When in conflict, the Community Guidelines provisions will take precedence over this Section. You hereby indemnify, defend and hold harmless Psych Central and PsychCentral.
You shall cooperate as fully as reasonably required in the defense of any such claim. Psych Central reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Psych Central shall have the right, but not the obligation, to monitor the content of the Psych Central Network, including chat rooms and forums, to determine compliance with this Agreement and any operating rules or community guidelines established by Psych Central and to satisfy any law, regulation or authorized government request. Psych Central shall have the right, but not the obligation, and at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Psych Central Network.
Without limiting the foregoing, Psych Central shall have the right, but not the obligation, to remove any material that Psych Central, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Either you or Psych Central may terminate this Agreement at any time. Psych Central reserves the right to prohibit or terminate use of or access to the site or any of its services at any time, without notice, for any reason whatsoever.
If a Member would like to terminate their Psych Central membership, they may do so by filling out this form or by contacting us directly. Upon termination of this Agreement, you forfeit all rights to access or make use of our Services for any purpose.
All previously-downloaded materials must be removed from your computers and possession. Sections 2, 3, 4 and 6 shall survive any termination of this Agreement by either party. All other trademarks appearing on the Psych Central Network are the property of their respective owners. Psych Central is a distributor and a publisher of content supplied by paid staffers, third parties such as our bloggers , and Psych Central users Members. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, bloggers, users, or any other user of the Psych Central Network, are those of the respective author s or distributor s and not of Psych Central.
Neither Psych Central nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty. In many instances, the content available through the Psych Central Network represents the opinions and judgments of the respective information provider, blogger, Member, or other user. Psych Central neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the PsychCentral.
It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Psych Central Network. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Opinions and other statements expressed by users and third parties including our bloggers are theirs alone, not opinions of Psych Central or the Psych Central Network.
Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
You acknowledge that by providing you with the ability to view and distribute content through our site, The Psych Central Network is not undertaking any obligation or liability relating to the content. The Psych Central Network and its affiliates, successors, assigns, employees, agents, and officers do not undertake or assume any duty to monitor our site for inappropriate or unlawful content.
The Psych Central Network and its owners, affiliates, successors, assigns, employees, agents, and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Notwithstanding the foregoing, The Psych Central Network reserves the right to block or remove communications, postings or materials at any time at our sole discretion. Psych Central shall have the right at any time to change or discontinue any aspect or feature of the Psych Central Network, including, but not limited to, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Psych Central Network, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof.
This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of Psych Central to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of these Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for convenience only and shall not be given any legal import.
If you have a subpoena or other legal notice to serve, please note that Psych Central does not accept service via e-mail or fax and will not respond to the subpoena or legal notice unless it is a properly formatted DMCA claim. All such subpoenas and legal notices to Psych Central must be made via postal mail to: Psych Central 55 Pleasant St.
Any dispute or claim relating in any way to your use of the Psych Central Network will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices: Psych Central, 55 Pleasant St. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
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