Updated May 25, 2014
The Site Does Not Provide Medical Advice.
The contents of MedShadow.org – which is the web site of MedShadow Foundation – such as text, graphics, images, information obtained from MedShadow’s licensors, and other material contained on the MedShadow 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 physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MedShadow Foundation Site.
MedShadow Foundation 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 MedShadow, MedShadow employees, others appearing on the Site at the invitation of MedShadow, or other visitors to the Site is solely at your own risk.
The Site 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.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
MedShadow Foundation authorizes you to view or download a single copy of the material on the MedShadow Site solely for your personal, noncommercial use if you include the following copyright notice: “© , MedShadow Foundation. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the MedShadow Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MedShadow 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 MedShadow. All rights not expressly granted herein are reserved to MedShadow 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 MedShadow and Its Licensors
The use of the MedShadow Foundation Site and the Content is at your own risk.
When using the MedShadow Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MedShadow Foundation and its suppliers. Accordingly, MedShadow Foundation 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 MedShadow Site.
The MedShadow Site and the content are provided on an “as is” basis. MEDSHADOW FOUNDATION, 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, MedShadow, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MedShadow Site or MedShadow Foundation.
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 MedShadow Site.
In no event shall MedShadow Foundation, its licensors, its suppliers, or any third parties mentioned on the MedShadow 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 MedShadow Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MedShadow Foundation, its licensors, its suppliers, or any third parties mentioned on the MedShadow Site are advised of the possibility of such damages. MedShadow, its licensors, its suppliers, or any third parties mentioned on the MedShadow Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MedShadow Foundation, its licensors, its suppliers, or any third parties mentioned on the MedShadow Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas. 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 collected from the visitors of our website, including their identity, remains confidential. We respect the law(s) on confidentiality applicable to this website (hosting country) and we will never pass on these data to any third party, unless required by law. No subscriptions are needed for the website, and we do not collect credit card information. For free subscriptions, for example for an email newsletter, the third-party newsletter service collects and saves the email addresses on their servers.
The Site’s social media presence contains functionality that allows users to upload (e.g., comments posted on our Facebook page). You agree that you will not upload or transmit any communications or content of any type to the Public Areas 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 MedShadow by email, (including through the email on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to MedShadow 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 MedShadow by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted MedShadow Foundation 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. MedShadow 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 MedShadow by email. We try to answer every email in a timely manner, but are not always able to do so.
MedShadow Foundation Community (“Public Areas”) If you use a Public Area, such as our Facebook page, 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. MedShadow Foundation 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:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MedShadow Foundation in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MedShadow Foundation, exposes MedShadow Foundation or any of its customers or suppliers to any liability or detriment of any type.
MedShadow Foundation Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user’s access to any or all Public Areas and/or the MedShadow Foundation Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the MedShadow Foundation Site, regardless of whether such communication(s) violate these standards.
MedShadow Foundation or its licensors have no liability or responsibility to users of the MedShadow Foundation Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Currently, MedShadow Foundation does not accept advertising.
Searches, and Links to Other Sites
MedShadow may provide links to third-party web sites. MedShadow Foundation does not recommend and does not endorse the content on any third-party websites. MedShadow Foundation is not responsible for the content of linked third-party sites, sites framed within the MedShadow Site, or third-party sites provided as search results, 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. MedShadow Foundation does not endorse any product, service, or treatment advertised on the MedShadow Foundation Site.
You agree to defend, indemnify, and hold MedShadow Foundation, 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.
MedShadow Foundation is a 501c(3) organization. We accept donations but do not allow advertising on the website. MedShadow Foundation is based in New York, New York, in the United States of America with principal offices in New York, New York. MedShadow Foundation makes no claims that MedShadow.org or any Site within the MedShadow site and the Content are 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 MedShadow.org 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, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with MedShadow Foundation, or in any way relating to your use of the MedShadow Foundation Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving MedShadow Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. 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 Takedown 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 MedShadow Foundation’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.
MedShadow Foundation’s agent for copyright issues relating to this web site is as follows: MedShadow Foundation, 178 Columbus Avenue, #237182, New York, NY 10023 or email privacy[at]medshadow[dot]org.
Thank you for your cooperation. We hope you find MedShadow.org 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: MedShadow Foundation, 178 Columbus Avenue, #237182, New York, NY 10023.