Effective January 1, 2022
The following terms constitute an agreement between you and Healthful Stories, Inc., a Non-Profit 501(c)(3) Organization (“HSI,” “we,” or “us”), the operator of www.HealthfulHeroes.com(the “Site”). This agreement governs your use of the Site, both as a casual visitor, as a registered member (“Contributor”) as described below.
By accessing or using the Site, you agree to be bound by the terms of this Agreement (“Terms of Use” and “Services”). To the extent you register on the Site as a Contributor then in addition to the terms that are applicable to all users of the Site, the terms that apply only to Contributors shall apply to you too.
Contributor Eligibility
To become a Contributor and access the area on this Site reserved for Contributors (the “Contributor Area”), HSI requires that you are either a (a) diagnosed patient of the particular illness for which you are providing Content or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to contribute such content, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to contribute or (e) guest as authorized by a HSI employee.
Children under the age of 13 are prohibited from registering as Contributors. By becoming a Contributor you represent that you are age 13 or older.
This Site Does Not Provide Medical Advice
All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. HSI does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by HSI, by persons appearing on the Site at the invitation of HSI, or by other Contributors is solely at your own risk.
Acceptable and Lawful Use of Site by Contributors
Contributors, Respondents, and others visiting HealthfulHeroes.com shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Contributors may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All Contributors, Respondents, and others visiting HealthfulHeroes.com represent and warrant that the information they provided when registering as a Contributor, and all information that they subsequently provide regarding themselves, is true and accurate and not misleading.
Healthful Selection CommitteeTM Criteria and Rules
Those who submit content may be selected at the sole discretion of our Healthful Selection CommitteeTM to receive a cash payment. Submission does not constitute a contract of any kind. Criteria for receiving a nominal cash payment include:
a) Completeness of a Healthful JourneyTM shared by the Contributor
b) The extent of challenges a Contributor has overcome
c) The usefulness of the information provided to others
Any cash payment remains at the sole discretion of Healthful Stories, Inc. Void where prohibited by law.
Contributor and Respondent Content Copyright, Royalties, and Commercial Use
By contributing content to HealthfulHeroes.com, all Contributors and others visiting HealthfulHeroes.com agree and are legally bound to recognize that all such contributed content will be 100% owned by Healthful Stories, Inc. Copyright shall be owned, without limitation, by Healthful Stories, Inc. Credits in all contributions will read “© Healthful Stories, Inc.” unless specified otherwise in written advance signed agreement by both the Contributor and Healthful Stories, Inc. Royalties from the publication of any content provided by the Contributor to HealthfulHeroes.com and from the disposition of any subsidiary rights therein (including but not limited to films, television and merchandising) shall be 100% owned by Healthful Stories, Inc. All original content provided by the Contributor, and the proceeds from the sale of such original content, shall remain the sole property of Healthful Stories, Inc.
Any and all materials (which shall be treated as set forth in other provisions of this Privacy Policy and our Terms and Conditions of Use), including without limitation surveys, physician responses, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials (“Submissions”) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to HSI without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
Privacy
You agree that you have read, understood and accept HSI‘s Privacy Policy. This policy explains HSI‘s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information. We also encourage you to read our Healthful Mission to create and publicly share the world’s largest collection of stories of personal health transformation to reduce human suffering and save lives.
Posting and Use of Content in the Contributor Areas and Forums
The Contributor Area include includes forums and public-facing postings, where Contributors may post messages, images, and other content (“User Submissions”). If you are a Contributor, you (or the author) owns copyright in the messages, images, and other content you post in the Contributor Area, but by posting such content within User Submissions to the Contributor Area or Public-Facing postings you grant HSI and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.
While some areas in the Member Area are monitored periodically for topicality, HSI has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Forum by a Contributor or emailed to you by a Contributor) without the express consent of such Contributor. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.
The Following Activities are Specifically Prohibited:
Downloading the Services to modify it or any portion of it. Using the Services or its contents for resale or commercial use, including advertising a product or service or the use of the Services for any other commercial use. You may not upload commercial content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization. Sharing any Personal Information about another individual unless that person has given you explicit permission to share it. Posting any defamatory, abusive, harassing, bullying, mean-spirited, slanderous, threatening, offensive, sexually explicit or illegal material or any material containing blatant expressions of bigotry, racism or hatred or that is otherwise offensive or illegal. You also agree not to:
Reverse engineer, reproduce, modify, translate, de-compile, disable, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services. Modify, translate, or create derivative works based on any portion of the Services and/or the Services. Access or use the Services in order to build a competitive product or service or copy any features, functions or graphics of the Services. Access or use the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Create any link to the Services or frame or mirror any Content contained or accessible from the Services. Access, tamper with or use areas of the Services not intended for you, areas of the Services you haven’t been invited to, or content or data on or available through the same. Probe, scan or test the vulnerability of any portion of the Services or to breach, circumvent, modify or willfully tamper with security or authentication measures. Provide or use “tracking” or monitoring functionality in connection with the Services, including, without limitation, to identify any other person’s actions or other activities on the Services. Use the account, username, or password of another User of the Services at any time or disclose your password to any third party or permit any third party to access your Account. Collect usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, or employing third party promotional sites or software to promote profiles for money. We will delete or request the removal of any content, and even terminate Accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Healthful Contributor Conduct
You must not use the Services in any way that causes, or is likely to cause, the Services or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Services for lawful purposes only. Certain features of the Services may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to HSI that you have the consent of all recipients to send such communications.
If you submit, post or upload content through the Services, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Services, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a HSI employee, host, or representative, or other members or visitors on the Services is prohibited. You must not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.
HSI’s designated Copyright Agent for notice of claims of infringement is:
Healthful Stories, Inc.
1523B NW 64th Street
Seattle, WA 98107
telephone: 617-997-8674
email: contact@healthfulheroes.com
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Contributor Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify HSI of any unauthorized use of your Contributor password or login or any other breach of security.
Links to Other Websites
HSI may contain links to other websites that are not under the control of HSI. The inclusion of any link does not imply endorsement by HSI of such site and HSI is not responsible for the content of such linked sites.
Contributor Termination
You agree that HSI may, with or without cause, immediately terminate your HSI Contributor status or limit or terminate your access to the Contributor Areas or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by HSI of a Contributor’s status and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated Contributorship cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. HSI has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications of this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Fees
Contributing to HealthfulHeroes.com is currently free. Healthful Stories, Inc. reserves the right to from time to time change the terms of this Agreement and charge for Contributors and/or to provide additional optional services for a fee.
Disclaimer of Warranties
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. HSI does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. HSI does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected.
The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by HSI, and you use such information at your own risk.
Limitations of Liability
Under no circumstances shall HSI, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.
Indemnification
You agree to indemnify and hold harmless HSI, its officers, employees, agents, subsidiaries, affiliates and other partners, 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 this Agreement.
International Contributors
HSI makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. User/Contributor, you acknowledge and agree that HSI may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.
Contributor Notices
If you register as a Contributor, you agree that HSI may send notices to you by email at the email address and/or social media information and/or other contact information you provide when registering to become a Contributor (or which you later update using the functionality of the Site).
Governing Law and Venue
This agreement shall be governed by the laws of the State of Delaware and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Delaware, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Delaware.
Miscellaneous Terms
Healthful Heroes® and the Healthful Heroes logo are trademarks of Healthful Stories, Inc. You agree not to display or use these trademarks in any manner without HSI‘s prior written permission.
HSI may assign this agreement at any time to a 3rd party partner, subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Healthful Stories, Inc.
Attn: User agreement Issues
1523B NW 64th Street
Seattle, WA 98107
History of Updates to these Terms and Conditions of Use:
N/A