• “the Website”, “our Website”, “the Site” will refer to “www.thehumanthebody.com”;
• Any mention to “us”, “we”, “our” will refer to the Human Condition SRL-D Company;
• Any mention to “user” or “you” will refer to any person that accesses the Website, in any form, either as a visitor or as a registered member;
• “a member” is any user that has created an account on our Website, becoming therefore a member of our community;
• “a privileged member” is a member that will not pay the membership costs, and is a qualified psychotherapist;
• “services provided” will mean any service that the Website provides including, but not limited to forum, chat, articles, support groups, idea sharing, picture gallery, get-togethers, medical conditions descriptions, map, friends lists, private messaging, notifications;
• “user generated content”, “user content” or “UGC” will refer to any piece of information uploaded or submitted to the Website by any user, including, but not limited to: pictures, photographs, images, suggestions, comments, statements, advice, questions, answers, ideas, opinions or any other information/material;
• “Terms” refers to the legally binding document provided hereby.
DISCLAIMER and OTHER IMPORTANT PROVISIONS
• This Website is controlled and offered from Romania, Europe. The Website is run by Human Condition SRL-D Company, lawfully registered in Arad, Romania. The company provides the Website only for domestic and private use, and only for lawful purposes, whether by users or visitors.
• When you access this website at any time, you agree upon the fact that you have read and completely understood the terms and conditions hereby presented, and accept the fact that these constitute a legally binding agreement between the user, as defined above, and this website. By using the website you agree to fully comply with the terms and conditions.
• Any user or visitor of this website must be 18 years old or over 18 years old. Should you use the site on behalf of any third party (an institution, a company) you will be thought of as being an authorized representative for that entity, and that said entity has accepted and understood these terms and conditions.
• The website is fully entitled to change or even end any and all services provided to users through it, as defined above, or modify the prices at the website’s discretion. All these changes are effective without any notice provided to the user.
• The website does not make any guarantees that all or any content of it will always be available in an uninterrupted manner. The website does not warrant that its services, functions, content or any materials provided will be or are timely, error free, virus and bugs free or secure, or that any of the above will be corrected in, what one might think is a timely or fast manner.
• The website does not guarantee, nor make any warranties regarding the correctness, completeness or up-to-date quality of any and all information available on the website.
• Should any clause or part of these terms and conditions be determined to be invalid or unenforceable, then those causes or parts will be left out, will not be applicable anymore and the rest of them shall continue in effect.
• The whole content of the website (including, but not only: the website’s content, the articles, the user’s generated content, the comments, the pictures) and any piece of information thereby provided is strictly and exclusively used for informational purposes only, even if it might appear to be of a medical or psychiatric nature. Therefore, any piece of information on the website does not constitute professional medical or psychiatric advice (or any professional advice of whatever nature), or diagnosis, treatment, course of action, or recommendation of any kind.
• Should you have any problems or concerns regarding your health, we strongly recommend seeking the professional advice and recommendation of your doctor or of any qualified health care professional. Should anyone use or rely on any information presented on the website, in whatever form, one acts solely and exclusively at one’s own’s risk.
• Under no circumstances does the website “www.thehumanthebody.com” engage in the practice of medicine, psychiatry, psychology, or any and all health care services. Every user and visitor acknowledges the fact that this website not only does not practice medicine of any kind, but it is also not licensed to practice, nor will it ever be.
• Every user and visitor acknowledges the fact that any advice or recommendation received through this website from other users and/or visitors shall not be relied upon or followed, and if one does follow it, one acts solely at one’s own risk.
• Any and all visitors and users agree and comply with the fact that the website does not replace a qualified health care professional.
• If a visitor or a user of this website has a medical emergency, they should call the emergency services available in their country, as this website is under no circumstances an emergency service.
• No advice or information, oral or written, obtained from the website or through the website is not a guarantee, unless expressly mentioned in the Terms and Conditions of use. Under no circumstances may the website be responsible or liable in any way for any and all recommendations, advice, opinions, statements (with or without a medical or psychiatric nature – be they of a medical or psychiatric nature or not) made by a user or a visitor on the public or private chat of the website, or on the comments section of any and all articles posted. All parties acknowledge the fact that the website is in no way the author of any of these materials.
LIMITATION OF LIABILITY
• Firstly, any user or visitor of the website will accept and comply with the fact that one uses the website at one’s own risk. Anyone entering the website will understand that the service provided hereby is one of an “AS IS” “AS AVAILABLE” basis without any warranty of any kind.
• By agreeing to use this website in the Terms and Conditions provided hereby, every user and visitor expressly agrees that:
? The website is not and shall not under no circumstances be liable to any user or visitor for any loss or damage or any prejudice one might suffer (even if foreseeable) arising in connection with :
– the use or inability to use the website;
– use of or reliance on any content displayed on the website, either regarding user content or website content.
– use of or reliance on any content generated by the privileged members.
– the content of the websites linked to the website “www.thehumanthebody.com” regardless of how those were linked (namely by the action of a user/visitor or by the administrator of “www.thehumanthebody.com”) ;
– any content or conduct of any third party on the website (including the users and visitors, members and privileged members), and also but not restricted to any offensive or illegal conduct of others.
? Under no circumstances shall the website “www.thehumanthebody.com” be liable for any damages or prejudices of any nature, whether direct or indirect, incidental or consequential, that had have arisen from or are in any way connected to the use of the website or the inability to use the website, or for any information presented thereby, regardless of whether said information is presented by the users, visitor or administrator of the website.
? Under no circumstances shall the website “www.thehumanthebody.com” be liable or responsible for any harm brought to your computer system, loss of any data, or other harmful consequences of any sort done to your hardware or software. The website does not guarantee that it is safe or free of bugs and/or viruses and therefore any user/visitor must use their own anti-malware protection software.
? However, should the website be considered liable for any prejudices, damages, losses caused or suffered in connection to the website, both parties, the website and the user or visitor agree that our liability is and will in any event whatsoever be limited to :
– the total value of the transaction, namely for the user, the value of the payment made to the website for the membership;
– the sum of one hundred euros (100€) in cases when a purchase has not been made and no transaction has taken place;
• Notwithstanding the provisions above, there is not any other clause in this Terms and Conditions that limits the website’s liability in case of a death arising exclusively from the website’s actions and/or negligence.
• Our liability is removed when the prejudice suffered by the user is caused by force majeure or unforeseeable circumstances. Force majeure is represented by any type of external event, unforeseeable, absolutely invincible and unavoidable. An unforeseeable circumstance is an event which cannot be anticipated/predicted, nor prevented by anyone who would have been called upon to take responsibility if the event had not occurred.
• The victim’s deed and that of the third party’s clears the website of its liability even if they do not have force majeure characteristics and only have those of unforeseeable circumstances. For more information, art. 1351 and the following from the Civil Code.
APPLICABLE LAW AND JURISDICTION
• The entire activity of this website, including the Terms and Conditions presented hereby are governed by Romanian law and the law of the European Union, without any regard to conflict of law provision, as the website is run by a company duly registered in Romania.
• Should one access this website from outside of Romania/European Union, one accepts the fact that one must comply both with these legislative systems and the one from one’s country of residence and the fact that one will act at any and all moments in accordance with any applicable laws. If there is any contradiction between these legislative systems, the laws of Romania and the European Union will be applicable with priority.
• Both parties, the website and the users/visitors agree that the courts of Romania have exclusive jurisdiction over any claims or conflicts that might arise.
COPYRIGHT/INTELLECTUAL PROPERTY RIGHTS
• The Site and all its features and its content are the property of the website “www.thehumanthebody.com”, unless stated otherwise, and protected under applicable law.
• We strongly respect any third party’s intellectual property rights and we request all users of our Site to do the same.
• You retain ownership of your UGC that you submit and/or make available on the Site and you are solely responsible for it. By submitting any UGC, you warrant us that you have the right to do so and also, you grant us an irrevocable, worldwide, royalty-free, non-exclusive license to use, edit, copy, distribute, process, transmit, reproduce and exploit in any other manner your UGC, without the requirement of any payment to you or any other person, or of any prior/subsequent permission.
• If you believe that any content available on our Site infringes your intellectual property rights, please notify us, attaching any relevant documents and/or proof that supports your claim. If we consider your request legitimate, we will immediately remove from the Site the materials that are violating your intellectual property rights, without prior notice.
RULES OF CONDUCT
• Because we want to offer all users an enjoyable, peaceful and safe experience while using our Site, we have established the following Rules of Conduct that shall govern the usage of the Website. Therefore, by accessing and using the Site, you expressly agree to comply with the Rules of Conduct.
• By any means (actions, behavior, etc.), you will not:
1. Provide user generated content (UGC) that:
a. Violates or infringes the copyright, trademark or any other intellectual property rights of another person or entity;
b. Violates any third party’s privacy rights or any other legitimate rights;
c. Contains, links or transmits any harmful, malicious or damaging software, programs, files or any kind of computer code that is designed to, can or will destroy, damage, harm, limit the functionality, detrimentally interfere with, clandestinely intercept or dispossess any data, system or information, of any computer hardware/equipment or software that is linked directly or indirectly to the Site (including, without limitation to: viruses, worms, corrupted data, Trojan horses, time bombs, logic bombs, spamming);
d. Is illegal, abusive, threatening, defamatory, harassing, obscene, pornographic, discriminatory, incites racial or ethnical hatred, encourages unlawful and/or unethical behavior, violates any applicable law or can be considered inappropriate;
e. Incites and/or encourages to radicalization and/or, but not limited to, acts of terrorism;
f. Contains personal data or other confidential information about minors;
g. Contains personal data or other confidential information regarding a major individual, if you don’t have that person’s explicit consent to publicly disclose such information on our Site;
h. Advertise and/or solicit any kind of business, service or product;
2. Impersonate any person or entity and/or mislead other users regarding your identity or your professional training;
3. Create a physician-patient relationship or a similar type of relationship, with other users, nor give explicit or suggested medical advice, diagnosis and/or treatment to any user, even if you are a specialist (e.g. physician, psychologist, nutritionist);
4. Use the Site for commercial purposes;
5. Engage in any kind of misuse of the Site, including, without limitation to, using automatic means in order to alter or copy our Content and/or the Site’s source code, by hacking, password mining or any other means;
6. Collect and/or store personal data or other kind of information about other users of our Site, without their prior consent;
7. Assist, encourage and/or enable other users to infringe the Terms;
8. No part of this web site may be reproduced, published, distributed, displayed, performed, copied or stored for public or private use in any information retrieval system, or transmitted in any form by any mechanical, photographic or electronic process, including electronically or digitally on the Internet or World Wide Web, or over any network, or local area network, without written permission of the author.
• Not complying with the prohibited uses explicitly presented above represents a breach of the Terms and you will be solely responsible for any direct and/or collateral damages, and you will bear all the legal consequences.
• We have the right, but not the obligation, to regularly review, monitor, edit and remove any UGC, without prior notice, if we consider, in our sole discretion, that it violates the Terms, is inappropriate or is not in accordance with our purpose and principles. Also, if you are disrespecting the Terms, we have the right to take any action we consider appropriate, including blocking you from further usage of the Site and cancelling your member account without receiving any refund.
• We encourage you to notify us if you believe that another user has infringed the Terms or acts inappropriately from your point of view. We reserve the right to analyze your intimation and take adequate measures, if necessary, at our sole discretion, but keep in mind that we have no obligation to enforce the Terms on your behalf against another user.
FEATURES AND CONTENT OF THE WEBSITE
ARTICLES AND IDEAS
• The website also has sections created for informational and educational purposes
• We will try to present the information on the website to the best of our abilities and even though we do research every piece of information that we publish, there might be some errors or misconceptions, misinterpretations, flaws, omissions, mistakes, inaccuracies, imprecisions regarding these aspects and therefore, the website is not responsible for the truthfulness, up-to-date quality, completeness and accuracy of the information presented in its various articles.
• The website makes no warranty that:
– Any and every piece of information will fulfill all the users’ or the visitors’ requirements;
– The website contains all the latest information on any subject whatsoever;
– The information is complete, correct, accurate, precise, exact, factual, valid, legitimate;
– Services, content, and/or information provided on the website will be uninterrupted, timely, secure or error free;
– The results that are obtained through the use of the information available on the website (no matter in what form) will be accurate, correct or reliable;
• The user is the only person responsible for any damages brought to the system or the network that accesses the site or any data loss that might result from downloading information and services from the site.
• Should a user or visitor write or post anything on the website (whether it was posted as a comment, as a picture, as an idea, as an opinion, as a statement and so on), he or she does so freely, because they want to share it with the entire community and even with the world, without expecting anything in return. Everything and anything anyone shares on this website will be shared freely, without any expectation for any material compensation. When posting on the website, the user or the visitor acknowledges the fact that he/she does so on a public platform, accessible to the entire world, and not only the “www.thehumanthebody.com” community.
COMMUNITY (FORUM, CHAT, PICTURES, GET-TOGHETERS)
• Our Site contains community features, such as Forum, Pictures from Friends, Support Groups, Get-togethers, What Would You Do, Chat, Comments sections, Member profile, where users or members can submit their UGC, such as pictures, images, suggestions, questions, answers, ideas, opinions or any other information/material. Please note that these are public areas and your submitted UGC will be made publicly available and be treated as non-confidential.
• We strongly advise you to be careful what UGC you post on the Site, especially regarding sensitive data and/or personally identifiable information you disclose.
• In order to have access to some areas/features of our Site you must register as a member.
• To become a member you have to create an account and provide certain information about yourself. You agree to provide us with complete, accurate and up to date information about yourself. After you create an account, you shall be solely responsible for your member account activities and for safeguarding your password.
• To become a privileged member you must provide us with evidence that you are a qualified psychotherapist or life coach. Any activity that any privileged member might have on this website (including but not limited to: comments, opinions, initiating any topics or offering any support or mediating any discussions between users) is at their own risk. Under no circumstances will the website be liable for any and all activities of the privileged member.
• At this moment, we offer all users that create an account, a 90 days free-trial premium membership that will grant full access to all of the Site’s content and features.
• Your privacy and personal information security is very important to us. We respect and enforce EU regulations and Romanian national law regarding data protection.
• By accessing and using our Site you expressly consent to the collection, process, use and disclosure of your personal data, as stated below.
• While using the Site, we may collect the following data, from which some can be personally identifiable information:
– IP address;
– Date of birth;
– Your health condition and/or health conditions you are interested in;
– Any other information that you freely provide.
• We take reasonable physical and/or technical measures to keep your data safe. Nevertheless, please be aware that it is generally accepted that no method of transmission over the Internet or via mobile device, or any method of electronic storage, is 100% secure. Thus, even if we take adequate measures to protect your personal information, we cannot guarantee its absolute security.
• We use the collected information to provide our services and the Site’s functionality, to create your account, to personalize your experience on the Site and to improve the content of the Site.
• We do not disclose your personal data to any third-party, except in cases when having to comply with legal obligations. However, you hereby consent and accept that some information such as your username, member profile (with all data, including your description, health condition and/or health condition interests and activity history) will be publicly available on the Site to other users and/or members.
• You have the right to access and/or modify your personal data or to withdraw your consent regarding the collection, processing and/or use of your personal information, at any time.
Published on: 21.08.2016