- 4etc.blogspot.com(TM) service (the "Service") and its affiliate sites
(the "Sites") are accessible worldwide to anyone with Internet access.
Access to and use of the Service and the Sites are subject to the terms
and conditions of this User Agreement and Copyright Notice and all
applicable laws and regulations, including laws and regulations
governing copyright and trademark. BY ACCESSING THE SERVICE AND THE
SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS
AND CONDITIONS IN THIS USER AGREEMENT. 4etc.blogspot.com and its affiliates
reserve the right to change these terms and conditions at any time. The
changes will appear on this screen. By using the Service and the Sites,
you agree in advance to accept any changes.
- The materials
used and displayed on the Service and the Sites, including but not
limited to text, software, photographs, graphics, illustrations and
artwork, video, music and sound, and names, logos, trademarks and
service marks, are the property of 4etc.blogspot.com or its affiliates or
licensors and are protected by copyright, trademark and other laws. Any
such content may be used solely for your personal, non-commercial use.
You agree not to modify, reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate any such material without the
written permission of 4etc.blogspot.com or the appropriate affiliate.
- The
Service and the Sites contain information, facts and opinions from
various individuals and organizations. THE SERVICE AND THE SITES ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT. NEITHER 4etc.blogspot.com NOR ITS AFFILIATES ENDORSE OR ARE
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR
STATEMENT ON THE SERVICE OR THE SITES. The information, facts, and
opinions provided are no substitute for professional advice. Always
consult your primary care physician for any medical advice, diagnosis,
or treatment and before undertaking a new diet or exercise plan. This
Service and the Sites are for informational purposes and should be used
in conjunction with health care professionals.
- The
Service and the Sites include bulletin boards, chat rooms and other user
and member created pages which allow you and other users and members to
post information, provide feedback to 4etc.blogspot.com and its affiliates, and
interact in real-time. You agree not to post or transmit any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any material which
encourages conduct that would constitute a criminal offense, violate the
rights of others, or otherwise violate any applicable local, state,
national or international law. You agree to only post information that
is true and correct in light of your knowledge. You shall not, without
the express approval of 4etc.blogspot.com, distribute or otherwise publish any
material containing any solicitation of funds, advertising or
solicitation for goods or services. You will be responsible for, and
indemnify and hold harmless 4etc.blogspot.com, its subsidiaries, divisions,
affiliates, agents and representatives against, any claim arising from
any material that you post or transmit. Although 4etc.blogspot.com and its
affiliates may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards and other user and member
generated pages on the Site, neither 4etc.blogspot.com nor its affiliates is
under any obligation to do so. You acknowledge that 4etc.blogspot.com and its
affiliates do not control the information available on the bulletin
boards, chat rooms and other user and member generated pages and that
any opinions, advice, statements, services, offers or other information
or content presented or disseminated on any bulletin board, chat room or
on any other user or member generated pages are those of their
respective authors who are solely liable for their content. 4etc.blogspot.com
and its affiliates reserve the right, in their sole discretion, to edit,
refuse to post or remove any material submitted to or posted on the
chat rooms, bulletin boards or on any other user or member generated
pages. You acknowledge that any submissions you make to the Service
(i.e., user-generated content including but not limited to: text, video,
audio and photographs) (each, a "Submission") may be edited, removed,
modified, published, transmitted, and displayed by 4etc.blogspot.com and you
waive any moral rights you may have in having the material altered or
changed in a manner not agreeable to you. You grant 4etc.blogspot.com a
perpetual, nonexclusive, world-wide, royalty free, sub-licensable
license to the Submissions, which includes without limitation the right
for 4etc.blogspot.com or any third party 4etc.blogspot.com designates, to use, copy,
transmit, excerpt, publish, distribute, publicly display, publicly
perform, create derivative works of, host, index, cache, tag, encode,
modify and adapt (including without limitation the right to adapt to
streaming, downloading, broadcast, mobile, digital, thumbnail, scanning
or other technologies) in any form or media now known or hereinafter
developed, any Submission posted by you on or to 4etc.blogspot.com or any other
website owned by IAC/InterActiveCorp, including any Submission posted on 4etc.blogspot.com through a third party.
- You
represent, warrant and covenant (a) that no materials of any kind
submitted through your account will (i) violate, plagiarize, or infringe
upon the rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii) contain
libelous or otherwise unlawful material; and (b) that you are at least
thirteen years old. You hereby indemnify, defend and hold harmless 4etc.blogspot.com, and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of any
breach by you or any user of your account of this Agreement or the
foregoing representations, warranties and covenants. You shall cooperate
as fully as reasonably required in the defense of any such claim.4etc.blogspot.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification
by you.
- 4etc.blogspot.com does not represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other
information displayed, uploaded, or distributed through the Service by
any user, information provider or any other person or entity. You
acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. THE SERVICE AND
ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF
THE SERVICE IS AT YOUR SOLE RISK.
- You
represent, warrant and covenant (a) that no materials of any kind
submitted through your account will (i) violate, plagiarize, or infringe
upon the rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii) contain
libelous or otherwise unlawful material; and (b) that you are at least
thirteen years old. You hereby indemnify, defend and hold harmless 4etc.blogspot.com, and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of any
breach by you or any user of your account of this Agreement or the
foregoing representations, warranties and covenants. You shall cooperate
as fully as reasonably required in the defense of any such claim.4etc.blogspot.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification
by you.
- Your use of
the Service and the Sites is at your own risk. NEITHER About Inc., NOR
IAC/InterActiveCorp, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES,
AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR
ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND
THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR
ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY
INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY
AND ALL CLAIMS AGAINST 4etc.blogspot.com, OR About Inc. AND ITS SUBSIDIARIES,
DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT
OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE
THEREON.
- 4etc.blogspot.com and its affiliates do not review or
monitor any web sites linked to the Service and the Sites and are not
responsible for the content of any such linked web sites. Your use of
such web sites is at your own risk.. You acknowledge that the use of any
advice, opinion, recommendation, statement or other information
displayed, link to, or distributed through the Service and the Sites is
at your own risk. Prior to purchasing any third party products or
services described on the Service and the Sites, you are advised to
verify pricing, product quality and other information necessary to make
an informed purchase. Neither About Inc., nor IAC/InterActiveCorp, nor
any of its subsidiaries, divisions, affiliates, agents, representatives
or licensors shall have any liability arising from your purchases of
third party products or services based upon the information provided on
the Service and the Sites.
- You should be aware that if
you voluntarily disclose personal information (e.g., user name, email
address) on a bulletin board, chat room or on any other user or member
generated pages, that information can be collected and used by others
and may result in unsolicited messages from other parties.
- 4etc.blogspot.com'S TERMS AND CONDITIONS FOR PODCASTS
4etc.blogspot.com's podcasting service (the "Podcast Service") consists of news and information files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable MP3 player.The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by 4etc.blogspot.com. Ownership: 4etc.blogspot.com's Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. 4etc.blogspot.com owns all rights including copyright to the Podcast Content, and to The 4etc.blogspot.com logos and trademarks used in connection with the Podcast Service. Right to Discontinue Podcast Service: 4etc.blogspot.com reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of this Member Agreement. 4etc.blogspot.com assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player. - This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of New York.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. Just as washingtonpost.com requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Kevin Donovan, Copyright Agent, About, Inc., 249 West 17th Street, New York, NY, 10011 or in email to SafeHarborAgent At About Dot Com. This contact information is only for suspected copyright infringement. Please include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
ABOUT, INC. WEB SITES AND MOBILE APPLICATIONS OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITIONAL OR FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON AN ABOUT, INC WEB SITE OR MOBILE APP. THE USE OF ANY INFORMATION PROVIDED ON AN ABOUT INC. WEB SITE OR MOBILE APP IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON AN ABOUT, INC. WEB SITE OR MOBILE APP OR AVAILABLE THROUGH ANY ABOUT INC SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. ABOUT, INC. WEB SITES AND MOBILE APPS ARE CONTINUALLY UNDER DEVELOPMENT AND ABOUT INC. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN ABOUT, INC. WEB SITES OR MOBILE APPS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer.
In becoming a Member of About Inc.'s Calorie Count Web sites or mobile apps with the intent of using the Calorie Count or Calorie Camp Premium Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only make diet changes or physical activities as recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have never lost your balance because of dizziness and you have never lost consciousness; (iv) your physician is not currently prescribing drugs for your blood pressure or heart condition; (v) you are not taking any medication that would adversely interact with specific foods or diet plans; and (viii) you do not know of any other reason you should not diet or exercise; or (B) your physician has specifically approved of your use of Calorie Count.
If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Calorie Count.
Calorie Count, of About, Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
Nutritional Information Disclaimer.
Actual product packaging and materials may contain more and/or different information than that shown on About, Inc. web sites and mobile applications (such as Calorie Count). Additionally, users may submit product nutritional information which may not be accurate. Accordingly you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.