Terms of Use

Crackhospital LLC Terms of Use

CrackHospital LLC (“CrackHospital,” “we,” or “us”) maintains the website located at www.crackhospital.com (the “Site”).  These Terms of Use (“Terms”) cover the Site and any associated content, including email and RSS.  Please read these Terms carefully before using or proceeding to access the Site.  The terms “you” and “your,” as used in these Terms, refer to all individuals and entities accessing the Site for any reason.

Acceptance of These Terms

By accessing or using the Site, you acknowledge and represent that you are at least 18 years of age and have read and agree to be bound by these Terms and the Privacy Policy, Copyright Policy, and Submission Guidelines, which are incorporated into these Terms by this reference.  IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, COPYRIGHT POLICY, OR SUBMISSION GUIDELINES, PLEASE DO NOT ACCESS OR USE THE SITE.

Your Use of the Site

Without CrackHospital’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site, including but not limited to robots, spiders or scripts, or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages.  This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” “deep-linking,” or any other activity for the purpose of obtaining content, lists of users, or other information.

You may not use any meta tags or other “hidden text” utilizing CrackHospital’s name, trademarks, or service marks without the express written consent of CrackHospital.  You may not use any CrackHospital logo or other proprietary graphic, trademark or service mar as part of a link without express written permission from CrackHospital.  You agree that you will not use the Site in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Site or any portion of the Site.

Trademarks and Copyrights
The Site and all materials incorporated by CrackHospital on the Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by CrackHospital LLC on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or others (“Trademarks”). CrackHospital LLC respects the intellectual property rights of others and asks you to do the same.

Your Use of Material
Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Site for any purpose not permitted by these Terms may be a violation of the Copyrights and /or Trademarks and is prohibited.

You may access and display Material and all other content displayed on the Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on the Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by CrackHospital.  Any authorization to copy Material granted by CrackHospital in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Your User Submissions and Conduct
A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to CrackHospital via photo upload function on the Site. User Pictures and User Comments are collectively referred to as “User Submissions”.  CrackHospital will consider anything you provide to CrackHospital and/or contribute to the Site as available for our use free of any obligations to you.  You understand that whether or not such User Submissions are published, CrackHospital does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize CrackHospital to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to CrackHospital, you hereby grant CrackHospital a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms.  With respect to CrackHospital’s use of your User Submission, you waive all moral rights in and to the User Submission.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CrackHospital all of the license rights granted herein.

E. CrackHospital does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CrackHospital expressly disclaims any and all liability in connection with User Submissions. CrackHospital does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and CrackHospital will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. CrackHospital reserves the right to remove content and User Submissions without prior notice.

F. If you provide feedback to us regarding the Site, content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment or attribution to you. Accordingly, you hereby grant to us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sublicenseable and transferable license to use the Feedback for any purpose.

External Link Disclaimer
The site contain links to external, third party web sites.

By providing links to other sites, CrackHospital does not guarantee, approve or endorse the information , products, or services available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Site.

CrackHospital does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You assume sole and complete responsibility and risk your access or use of any external sites.  You acknowledge that CrackHospital is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with your access or use of any content, products, or services available on or through any external site.  You should direct any concerns regarding any external link to its site administrator or webmaster.

Comments and Discussion Groups Terms of Use
In order to make our Comments interesting and informative for our users, you must adhere to the follow guidelines when posting and/or viewing comments:

* If a comment is made using your identity it will be deemed to have been posted by you.
* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
* Do not intentionally make, false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Do not question why a previous comment was removed.
* Keep all comments relevant and ‘on topic’ to the particular posting open for comments.
* CrackHospital will not accept responsibility for information posted in the Comments.

If CrackHospital receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, CrackHospital may remove that posting and/or any other related postings.

Notification of Changes
Whenever CrackHospital changes these Terms, it will post those changes to these Terms, and other places we deem appropriate to make users aware of such changes.

Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. CRACKHOSPITAL AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRACKHOSPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CRACKHOSPITAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRACKHOSPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CRACKHOSPITAL MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE WILL NOT INFINGE THE RIGHTS OF OTHERS AND CRACKHOSPITAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability
CHACKHOSPITAL DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE,  THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CRACKHOSPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT CRACKHOSPITAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF CRACKHOSPITAL OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. CRACKHOSPITAL DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CRACKHOSPITAL. CRACKHOSPITAL MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Indemnification

You agree to indemnify, defend and hold harmless CrackHospital, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from any and all claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of the Site, (c) User Submissions that you submit, post to, or transmit through the Site, (d) CrackHospital’s exercise of the rights granted herein, (e) your access to or use of linked sites, or (f) any dealings between you and any third parties advertising or promoting via the Site.

Claims of Infringement

Please see this page if you believe any content appearing on an CrackHospital LLC website infringes on your copyrights.

 

Void Where Prohibited

CrackHospital controls, operates, and administers the Site from the United States of America.  Although the Site may be accessible worldwide, not all features are appropriate for use outside the United States.  If you choose to access the Site from outside the United States, you do so on your own initiative, and you are responsible for complying with applicable local laws.

Governing Law and Venue

All Matters relating to your access to and use of the Site are governed in all respects by the laws of the State of Missouri without reference to conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be brought before a court of competent jurisdiction in St. Louis County, Missouri.

General

If any portion of these Terms is deemed unenforceable, then that portion will be enforced to the maximum extent possible so as to effect the parties’ intent as reflected by that provision, and the remaining portions of these Terms will be given full effect.  CrackHospital’s failure to act in a particular circumstance, including any failure by CrackHospital to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future..  CrackHospital will be excuse for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.  No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by CrackHospital without restriction.  These Terms, in addition to any other written agreement between you and CrackHospital, constitute the entire agreement between CrackHospital and you with respect to your access to or use of the Site, superseding any prior version of these Terms.  If an express conflict exists between these terms and a written agreement between you and CrackHospital, such written agreement supersedes these Terms.

Updated September 22, 2011