Terms of Use

Posted and effective as of January  1, 2008

Welcome to HealMYBody.net, the source for people who have experienced pain in the areas of their physical, emotional, financial or spiritual health and desire to release that pain and share healing through social interaction on our internet platform.  HealMYBody.net allows users to upload videos, photos and audio and participate in blogs. Registered users can take advantage of many other features offered on HealMYBody.net including the ability to create unique video personal profiles online. HealMyBody.net is owned and operated by H.E.A.L. Global, Inc.

Registered Users:

Membership in the Service is void where prohibited by law. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and to abide by all of the terms and conditions of this Agreement.  Users younger than thirteen are not allowed to view the site except under the supervision of a parent or guardian.

Proprietary Rights in Site Content

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of HEAL Global, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without HEAL Global's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of HEAL Global, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Content Posted On Site

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that H.E.A.L. Global may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of H.E.A.L. Global violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the H.E.A.L. Global.

Content and User Submissions are provided for your personal, non-commercial use only as permitted by the Site and may not be accessed, used, modified, performed, displayed, reproduced, copied, published, transmitted, distributed, sold, transferred, licensed or exploited for any other purpose without the prior written consent of the respective owners. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security and use restriction features of the Site.

User Conduct

This Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Moreover, you agree not to use the Service or the Site to:

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, profane, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
•  upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from H.E.A.L. Global, or create a false identity on the Service or the Site.

Prohibited Content:

You agree not to submit or post any User Submission to the Site, or transmit any User Submission through the Site that:

• violates any patents, copyrights, trademarks or other intellectual property rights
• is illegal, obscene, pornographic, defamatory, profanity or libelous
• is abusive, hateful, harassing, or threatening
• promotes bigotry, racism, or hatred against any group or individual
• is false, misleading or constitutes a misrepresentation
• encourages conduct that could be illegal or give rise to civil liability or is otherwise inappropriate
• promotes the exploitation of, or solicits information from, any person under the age of eighteen
• initiate or operate any sweepstakes, contests, advertising barter or pyramid schemes on or through the Site

Trademarks

HealMYBody.net, HEAL Tools, YOURETRY and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of H.E.A.L. Global in the U.S. and/or other countries. H.E.A.L. Global's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Policy

H.E.A.L. Global prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our designated Copyright Agent with the following information in writing:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) A statement that you 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; and

(f) A 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.

You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax or E-Mail as set forth below:
HealMYBody Designated Copyright Agent
H.E.A.L. Global, Inc.
E-Mail: copyright@healglobal.com

User Submissions:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to HealMYBody are non-confidential and shall become the sole property of Company. H.E.A.L. Global shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You understand and agree that HealMyBody.net reserves the right to review, edit, block, and delete any of your User Submissions for any reason at any time without notice, including without limitation, if HealMYBody.net determines in its sole discretion that a User Submission is prohibited as provided above or otherwise violates this Agreement.

User Disputes:

You are solely responsible for your interactions with other HealMyBody.net users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

DISCLAIMERS:

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, CONTENT AND USER SUBMISSIONS ARE PROVIDED "AS-IS" AND HealMYBody.net EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, CONTENT AND USER SUBMISSIONS AND YOUR USE THEREOF. HealMyBody.net DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEB SITE OR SERVICES. THE WEB SITE MAY NOT BE AVAILABLE TEMPORARILY FROM TIME TO TIME FOR MAINTENANCE PURPOSES OR OTHER REASONS.

HealMyBody.net  DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR (A) ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS POSTED ON OR ACCESSED THROUGH THE SITE OR IN ANY CONTENT OF ANY OTHER WEB SITE LINKED TO THIS SITE, (B) ANY INTERRUPTION, OMISSION, ERROR, DELAY IN OPERATION, DELETION, DEFECT, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE, ANY CONTENT, OR ANY USER SUBMISSIONS, (C) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE, (D) ANY TECHNICAL MALFUNCTIONS OR PROBLEMS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS OR PROVIDERS, SOFTWARE, FAILURE OF VIDEO PLAYS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEB SITE OR COMBINATION THEREOF, (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS AND USE OF THE SITE, CONTENT, OR USER SUBMISSIONS OR YOUR INTERACTION WITH OTHER USERS, (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE INFORMATION CONTAINED THEREON, INCLUDING WITHOUT LIMITATION, USER INFORMATION, AND (G) ANY BUGS, VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE, DISABLING OR MALICIOUS PROGRAMS, CODES, SUBROUTINES OR THE LIKE THAT ARE TRANSMITTED THROUGH THE SITE.
HealMYBody.net ASSUMES NO RESPONSIBILITY FOR MONITORING THE SITE AND DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, STATEMENTS OR ADVICE EXPRESSED THEREIN. HealMYBody.net EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE, CONTENT, AND USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE, CONTENT AND USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS IS UNDERTAKEN AT YOUR OWN RISK.
THE SITE IS OPERATED AND PROVIDED BY HealMYBody.net FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. HealMYBody DOES NOT REPRESENT OR WARRANT THAT THE SITE COMPLIES WITH THE LAWS OF THE JURISDICTION FROM WHICH YOU MAY BE ACCESSING THE SITE THROUGH THE INTERNET. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAW. YOU AGREE THAT (A) THE SITE SHALL BE DEEMED SOLELY BASED IN THE STATE OF GEORGIA AND (B) THE SITE IS A PASSIVE WEB SITE THAT DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER HealMyBody.net OR H.E.A.L. Global, INC. IN ANY JURISDICTION OTHER THAN THE STATE OF GEORGIA.

Limitation on Liability

IN NO EVENT WILL H.E.A.L. GLOBAL OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF H.E.A.L. GLOBAL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination:

HealMyBody may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.

INDEMNITY:

You agree to indemnify and hold H.E.A.L. Global, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Governing Law:

By visiting or using the Site and/or the Service, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the H.E.A.L. Global or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Georgia.

Arbitration:

YOU AND H.E.A.L. GLOBAL AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the HealMYBody Marketplace may be arbitrated.