Access to and use of this site is provided by Sunken Treasure, LLC (“ST”), subject to the following terms and conditions:
1. This site is © 2010 Sunken Treasure, LLC. All rights, including copyright, in this website and its contents, are owned by or licensed to ST, or otherwise used by ST as permitted by applicable law. To the maximum extent permitted under law, all text, images, downloadable files and other materials available on this site are protected by U.S. copyright law, various international treaties and other applicable law protecting text, images, downloadable files and other materials available on this site.
2. The contents of the BirthInCommunity website (the “Site”), such as text, graphics, images, information provided by ST or obtained from ST’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by ST or others appearing on the Site or other websites linked to the Site is solely at your own risk. THE SITE IS AN EXPLORATION OF ALTERNATIVE BIRTHING METHODS AND MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT ARE SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE OUR SITE.
3. In accessing the Site, you agree that you will access the contents solely for your own private use. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of ST. In furtherance of the foregoing, you agree not to adapt, alter or create a derivative work from any of the material contained in this Site, republish, “mirror”, “frame” transfer or otherwise make available to third parties this Site or any downloadable files or other material available on this Site, or use it for any other purpose other than for your personal non-commercial home use, without ST’s prior written consent. All rights not expressly granted herein are reserved. You agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Site. Certain sections of this Site may also contain additional restrictions as to use or access.
4. Use of this Site constitutes your acceptance of these terms and conditions which take effect on the date which you first use the Site. ST reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
6. ALL MATERIALS AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ST DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ST DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, TIMELY, RELIABLE, CORRECT OR COMPLETE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. ST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NOR DOES ST WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. FURTHER, ST DOES NOT WARRANT THAT THIS SITE OR THE MATERIALS AND INFORMATION MADE AVAILABLE THROUGH IT ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
7. UNDER NO CIRCUMSTANCES SHALL ST BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THIS SITE (OR SITES LINKED TO THE SITE), EVEN IF ST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
8. This Site may contain links to other World Wide Web sites provided by independent third parties (“Third Party Sites”). Where possible, ST will make clear where such links are being made. ST is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
9. The Site allows users to post, transmit or upload messages, comments, computer files and other materials (“User Content”). By submitting User Content to the Site, you: (A) grant to ST a perpetual, worldwide, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content including, without limitation, any User Content regarding your or your friends’ or family’s medical condition(s) or treatment(s); (B) grant to ST the right to use in any manner your personal name if submitted with the User Content; and (C) represent and warrant that you own or otherwise control all rights in and to the User Content, and that the use of such User Content by ST will not violate any law or infringe upon the rights of any third party.
You acknowledge that ST does not pre-screen User Content and makes no representations whatsoever concerning the User Content. Under no circumstances shall ST be liable in any manner as a result of any User Content or your transmission or use thereof or reliance thereon. Moreover, ST shall have the right (but not the obligation) to remove any Content and User Content from the Site in its sole discretion at any time without notice.
10. You agree that you are solely responsible for your use of and reliance upon the Site, your actions on the Site, and your submission of User Content to the Site. You further agree: (A) not to use the Site in any manner or for any purpose that violates applicable local, state, national, or international laws, regulations or rules; (B) not to post material, nonpublic information about any person or company nor to post any information with the intent to manipulate the market for or value of any security; (C) not to post any knowingly false or misleading statements; (D) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and not to submit User Content altered to conceal the true source of such User Content; (E) not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other users of the Site; (F) not to submit any files containing viruses, bots, worms, trojan horses, corrupted files, or any other similar materials that may damage or corrupt the data, software or hardware of others; (G) not to attempt in any way to interfere with or disrupt the proper functioning of the Site nor to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (I) not to submit any User Content for the purpose of advertising or offering any products or services; (J) not to post, upload or transmit any unsolicited “spam,” “junk mail,” or “chain letters”; (K) not to post, transmit or upload any material that infringes or violates the intellectual property rights or other rights of a third party; and (L) not to post, transmit or upload any libelous, defamatory, obscene, sexually explicit, abusive, or otherwise illegal material.
You further represent, warrant and covenant that any and all personal information that you provide to ST in connection with the Site, or any user registration required by the Site, is and shall be current, complete and accurate. Moreover, you covenant and agree to maintain and update this information as necessary to keep it current, complete and accurate.
ST, in its sole discretion, shall determine whether any User Content or activity is in violation of the provisions of this Section, and may take such corrective action it deems appropriate, including without limitation terminating your access to the Site.
12. These Terms and Conditions, and all matters relating to your use of this Site, shall be governed by and construed in accordance with the laws of the United States of America, State of New Jersey, without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Bergen County, New Jersey, and the United States District Court for the District of New Jersey with respect to such matters.
If you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.