eMediSpace is an Internet service (the "Service") owned and operated by eMediSpace, Inc. (hereafter "eMediSpace", "we", "our", or "us"). "You" or "your" means an adult user of the Service acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.

In compliance with the Children‘s Online Privacy Protection Act of 1998, eMediSpace does not accept membership registrations from users who are under 13 years of age. By registering with eMediSpace, you represent that you are at least 13 years old.

Use of eMediSpace Service

You are solely responsible for any and all content (including but not limited to pictures, documents, information, comments and conversations) that you upload as private or public content on eMediSpace. Upon transmission, you understand that all your uploaded items and extracted content from the bookmarked pages is saved on the eMediSpace system and made available in "My eMediSpace" or in other appropriate areas of the site. All documents uploaded to "My eMediSpace" are private, unless specifically designated as public by the user or explicitly shared with another user. All comments, conversations, questions or remarks made on the site are publicly accessible by other members and visitors of the site.

Your conduct on our sites

If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the services is the property of eMediSpace, Inc., our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person‘s computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a EMediSpace representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your conversations and clips from the sites, deny you access to the site, or any combination of these actions.

Content Linked to by eMediSpace

The sites displayed on eMediSpace pages or linked to by eMediSpace are developed by people over whom eMediSpace exercises no control. The pages that appear in the Service are created by automated machinery and computers, and eMediSpace cannot and does not screen the source sites or content before including them in our pages. An eMediSpace page may provide links to sites and/or content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a eMediSpace page will not display unintended or objectionable content and assume no responsibility for the content of any site included in our pages or otherwise linked to by eMediSpace.

Redistribution

You may not take the results from an eMediSpace search and reformat and display them, or mirror thee home page or results pages on your Web site. If you want to make commercial use of the eMediSpace Service, you must enter into an agreement with eMediSpace, Inc. in advance.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

The images referenced, made accessible or made available to you on these pages or by means of the eMediSpace Service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not eMediSpace. eMediSpace cannot give you authorization to use the copyrighted images. We cannot guarantee that the eMediSpace Service will not locate unintended or objectionable content and eMediSpace accepts no responsibility or liability for the content of any site included in any eMediSpace page or otherwise linked to by the eMediSpace services, or for your use of such content. eMediSpace reserves the right to remove any pictures or content without notice to you, any other user, or any third party.

Disclaimer of Warranties

eMediSpace disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the EMEDISPACE SERVICE pages. eMediSpace disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. eMediSpace disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the EMEDISPACE SERVICE.

THE EMEDISPACE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE EMEDISPACE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EMEDISPACE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EMEDISPACE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EMEDISPACE SERVICES. EMEDISPACE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EMEDISPACE SERVICES. EMEDISPACE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EMEDISPACE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EMEDISPACE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EMEDISPACE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EMEDISPACE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EMEDISPACE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER�S USE OR MISUSE OF OR RELIANCE ON THE EMEDISPACE SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EMEDISPACE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EMEDISPACE SERVICE, FROM INABILITY TO USE THE EMEDISPACE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EMEDISPACE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EMEDISPACE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EMEDISPACE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EMEDISPACE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EMEDISPACE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EMEDISPACE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EMEDISPACE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall eMediSpace or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by eMediSpace.