You REALLY need to read this

Welcome to FUDiabetes (“FUDiabetes”, “Website,” “Site”), a website for unlimited diabetics created by the FUDiabetes Foundation (“We,” “we,” “Us,” “us,” “Foundation”, “FUD”) which lives at FUDiabetes.org. These Terms of Service (“Terms”) which incorporate our Privacy Policy, our Community Guidelines or FAQs, and other procedures that may be published from time to time, are a contract, between the Foundation and you, that describes your rights and our rights related to the Website.

You really need to read this. By using the Website, you agree to be bound by these Terms. It means that, if you don’t agree to them, you should not use the Website. So read on!

[1. What is FUDiabetes?] (#1)

FUDiabetes consists in a website for people touched by diabetes that publishes content of different kinds, a shop that sells merchandise, and an online community where all people touched by diabetes can share knowledge. Our material (“Material”) is all the content, of different kinds, on the Website.

[2. What is your User Content?] (#1)

Your User Content is anything you submit or make available anywhere on the Website. We do not endorse your User Content at any time, nor do we assume responsibility or liability for it.

3. Quid pro quo: you and us

We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use FUDiabetes as described in these Terms: you can consume our Material, participate in our community, and purchase our merchandise. This license does not transfer any FUD or third party intellectual property to you. Neither does it grant you any right or license to reproduce or otherwise use any FUD or third-party trademarks.

In exchange, you agree, represent and warrant that you will use the Website in the manner and spirit for which it was created, and according to the policies we describe in these Terms, and that you will do so while following all the laws that you are subject to without limitation, and without infringing or misappropriating any third party’s intellectual property rights. It’s a small price to pay, really – but you have to do it. You will not in any way damage the Site or its operation or misuse it, nor help anyone in doing either, nor use the Site for any illegal purpose, or to cause distress to another.

4. Your account

If you create an account on the Website, you are fully responsible for maintaining the security of your account, and for all activities that occur under the account. You must immediately notify FUD of any unauthorized use of your account or security breach. FUD will not be liable for any acts or omissions by you, including any damages incurred as a result of such.

5. You are responsible for your User Content

You are entirely responsible for your User Content and any harm resulting from it. By making User Content available, you assert that it is harmless to third parties, that it is not spam or pornographic, and that you have the right to publish it: you have all the relevant copyright, trademark and intellectual property right to make that work available, or have a well-reasoned belief that your republication of the work is “fair use.” This is important: don’t post it if you don’t have the right to. We are relying on your representation.

6. You grant us the right to use your User Content

By submitting your User Content, you grant us an unlimited license to use your content in any way we choose. Because some of our servers may be remote, and because User Content is retained indefinitely, you grant us these rights worldwide and irrevocably, and agree that we don’t owe you royalties for any use of your content based on those rights.

7. You grant the community the right to use your User Content

By submitting your User Content, you also grant the world a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Remember that when you post!

8. How you can use our Material

The Material we make available on the Website is for your information and personal use, and for that only. You should use it as it was intended: through the normal functionality of the Website, for real-time viewing. We reserve all rights not expressly granted in and to the Website and Material.

Material is not intended to be packaged, distributed or redistributed, permanently downloaded, stored, copied, reproduced, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purposes without our prior written consent. So you aren’t allowed to do any of that. But feel free to discuss your ideas with us: we may be convinced to work with you!

9. Use at your own risk

We go through great lengths to enable people touched by diabetes to share information and experiences, because they tell us it makes their lives better. Please understand that we do not review and cannot review the material that is submitted by our users – we are not responsible for the material’s content.

By operating the Website, we do not represent or imply that we endorse Material posted there, or that we believe such Material to be accurate, or useful, or even non-harmful. You are responsible for taking precautions as necessary to protect yourself, and your computer systems, from any harm. Also understand that, for the same reason, the Website may also contain Material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or whose downloading, copying or use is subject to additional terms and conditions.

All of that is your responsibility, with no restrictions: use Material at your own risk. We enable our users to exchange information and experience – the rest is up to you. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Material posted there.

10. Third-party links make you leave our site

Many third-party links on the Website point to other sites that are not ours – this should not come as a surprise. Obviously, we have no control over, nor are we responsible for their content or their use; neither do we endorse them. It is your responsibility to protect yourself from their content, which may, sometimes, be harmful or destructive.

[11. No medical advice] (#11)

Material on the Website, whether provided by us, by our employees, our users, or by anyone, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or of another qualified health provider with any questions you may have regarding a medical condition, including, without limitation, diabetes. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. What you read here is not medical advice ever.

We have already discussed that we do not endorse any Material on the Website. This is obviously true of medical issues as it is of anything else, whether it be products, drugs, physicians, test, products, equipment – anything on this site: we do not recommend or endorse it. Reliance on any such Material is at your own risk. Don’t be stupid: talk to your doctor.

And, if you think you may have a medical emergency, call your doctor or 911 immediately.

12. PG13

The Children’s Online Privacy Protection Act of 1998 limits online access by children. The Website is available only to individuals who are at least 13 years old. If we find that an account has been created by a person under 13, we will terminate the account and delete its content.

[13. Copyright: we respect that] (#13)

We ask others to respect our intellectual property rights, and we respect the intellectual property rights of others. When we reproduce a copyrighted image, text, video or music, we do so only to the extent necessary to comment upon or discuss it; or with permission from its copyright holder; and we always include a link to the original source when possible and appropriate. We will, at our discretion, terminate the account of any user that infringes the copyright of others.

14. DMCA takedown notices

If you believe that your copyrighted work has been copied and is accessible on FUDiabetes in a way that constitutes copyright infringement, please send a notice, in accordance to the Digital Millenium Copyright Act, to our Copyright Agent. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Please be aware that misrepresentations of infringement can result in liability for monetary damages. Your notice must provide the following information:

  • the description of the copyrighted work that you claim has been infringed;
  • a precise description of where the material that you claim is infringing is located, such as the URL where it is posted, so that we can locate it;
  • Your name, address, telephone number and email address;
  • the statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
  • the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • the signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

Our Copyright Agent for notice of claims of copyright infringement can be reached at:
FUDiabetes Copyright Agent - DMCA
W275N7475 Lake Five Rd, Hartland, WI 53029, USA

15. DMCA counter notices

If you posted material that has been removed due to a takedown notice and you believe that the material in question is not infringing, you may file a counter notification with our Copyright Agent with the following information:

  • the precise identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Give as much detail as possible so that we can identify it.
  • your name, address, telephone number, and email address;
  • the statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or Milwaukee County, WI if your address is outside of the United States;
  • the statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • the statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
  • your physical or electronic signature.

16. Changes: check often

We may modify our Terms at any time. We intend to notify Website users by posting about changes in the Terms on the Website, but, because of our status as a largely volunteer organization, we may not notify of these changes in a timely manner, or at all. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

17. If it’s over between us

We don’t like to be arbitrary, but we want to be clear. We may, at our sole discretion, at any time and without notice, suspend or terminate your account, or delete (or edit) some or all of your User Content (or any of our content). If you wish to terminate this contract, you may simply discontinue using the Website. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. The Website is what it is

The Website is provided “as is.” We, and our suppliers and licensors (a) disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, and (b) make no warranty that the Website will be error free or that access to it will be continuous or uninterrupted.

19. Hold us harmless: we’re not liable

You agree to indemnify and hold harmless FUD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, and of your User Content, including but not limited to your violation of this Agreement, and to any claim that your User Content caused damage to a third party.

WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER OR NOT IN TORT, CONTRACT, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.

20. Applicable law: cheeseland

Except to the extent applicable law, if any, provides otherwise, any access to or use of the Website will be governed by the laws of the state of Wisconsin, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Milwaukee County, Wisconsin.

[21. Mediation then arbitration, nothing else] (#21)

If we run into a disagreement, it is less costly to everyone if we resolve it by arbitration than a lawsuit. So, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator appointed in accordance with such Rules.

The arbitration shall take place in Milwaukee, WI, in the English language, and shall not consider punitive damages. The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction.”The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and reasonable attorneys’ fees.

22. Everything else

These Terms constitute the entire agreement between FUD and you concerning the Website, its use, and all related issues. They may only be modified by the posting by FUD of a revised version.

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may not assign your rights under these Terms to any party; we may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This document is written by MGT. It was last updated May 6, 2017.

Adapted from the WordPress Terms of Service, Discourse.org, BoingBoing TOS, and many more :slight_smile: