Sharing Personal Experiences
about Disability and Homecare
Terms of Service
Welcome to Care2tell, the place for sharing life experiences, incidents and anecdotes in the world of the caregiver, disabled and ill. Care2tell is powered and operated by Storyhood, the Web’s premier venue for story sharing.
See our DMCA policy.
This agreement (“Terms of Services”) sets and contains all the terms and conditions between a user of Care2tell’s services (“you” or the “User”) and Storyhood. By using this website (the “Website”), a binding agreement will be executed between you and Storyhood.
For purposes of these Terms of Service, “Care2tell” means Storyhood Ltd. If you choose to register, by checking the box near “I accept the Terms of Service” and clicking on the “Register” button to submit the User registration form, you also agree to the additional terms for registered Users. If, however, you do not agree to be bound by the additional terms for registered Users, do not check this checkbox. In such case you will not be able to register as a User at Care2tell.
Definition of Service
Care2tell provides a venue where Users can share their life stories and experiences, and comment on each other’s postings. Certain features of the Website are free and certain may be fee-based. The specific features and functionality of the Website are to be determined solely by Care2tell and are subject to change or termination without notice. Care2tell makes no representation or warranty whatsoever that you will find the Website satisfactory, helpful or accurate.
Care2tell grants you a nonexclusive, revocable right to use the Website, subject to these Terms of Service and to your continued compliance with them.
User Warranties
You warrant and declare that you are at least 13 years of age. If you are a registered User, you further warrant that the information provided in the registration form is accurate, true and complete, and you will maintain and update such information during the term of these Terms of Service so that it will remain true, accurate, current and complete.
Website Content and User Submissions
The Website facilitates the submission of stories, comments, votes, URL’s, or other content by you and other Users ("User Submissions") and the hosting and publishing of such User Submissions. The content on the Website, including User Submissions, is provided for entertainment purposes only and is not intended in any way to provide Users with factual information. Care2tell does not endorse, nor does it verify, the accuracy and correctness of User Submissions. User Submissions are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner, except as contemplated by the Website and these Terms of Service.
User Submissions may also include pictures, media files and other embedded content (all of which are “Embedded Content”), to the extent enabled by Care2tell. You understand and acknowledge that, where the readability or accessibility of Embedded Content depends upon services provided by a third party, these services are entirely separate from Care2tell and are governed by your relationship with that third party and by its terms of service and privacy policy. Care2tell accepts no responsibility whatsoever for third-party services, whether Care2tell has a commercial relationship with those third parties or not.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Care2tell with respect thereto.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use, and authorize Care2tell to use, all copyright, trademark or other proprietary rights in and to any User Submissions to enable their inclusion and use as contemplated by the Website and these Terms of Service; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated in a User Submission.
You understand that whether or not User Submissions are published, Care2tell does not guarantee any confidentiality with respect to any User Submissions. Care2tell has complete discretion whether to accept, reject or remove your User Submission, to edit it for grammar, spelling, presentation, and other such considerations, and to transfer your User Submission from one Care2tell program to another program or portion of the Website, or to another Storyhood-operated website.
User’s Conduct
You will be solely and fully liable for all conduct and User Submissions that are made under your username and password. You warrant and declare that you will act in accordance with the following rules:
- You will use the Care2tell services for your own personal use and not on behalf of any third party and not for any commercial purpose;
- In the event the Website includes fee-based services, you will provide payments and accurate credit card information;
- You will not interfere with or disrupt the Care2tell servers or networks connected to the Website, and will not tamper with posted User Submissions;
- You will not attempt to gain unauthorized access to other computer systems or networks connected to the Website, to compile, harvest, gather, store, and/or distribute any email addresses appearing on Care2tell or belonging to other Users of the Website and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email, online forums or message boards;
- You will not transmit through the Website any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, pornographic, obscene, racist or harmful material of any kind;
- You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
- You will not upload, post, e-mail, transmit or otherwise make available any third party advertisements (including banner exchange services), any software viruses, Trojan horses, worms or any other malicious application, and any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law, or that infringes upon a third party right, including intellectual property rights;
- You will not cause a non-human entity including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically to interact directly with Care2tell (other than a browser directly relaying human interaction or as part of a service provided by the Care2tell website, such as RSS feeds);
- You will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity; and
- You will abide by Care2tell’s Privacy Policy.
Care2tell may review your personal profile and amend any typing or spelling errors. Care2tell cannot and will not examine the validity or accuracy of the details in your personal profile or in any of your postings or transmissions. Without derogating from the above, Care2tell is not responsible to screen any User Submission but may remove any content violating these Terms of Service. You will bear all the risks associated with the uploading and transmitting of material while utilizing Care2tell, including reliance on its accuracy, reliability or legality.
Fee-Based Services
Care2tell, at its own discretion, may change a service from being free to being paid-for or subscription-based or change the price or terms of a paid-for service. You will be provided with notice of such change and with the opportunity to opt out.
Username and Password
You are responsible for maintaining the confidentiality of the means that were given to you in order to use the Website, including password, username, etc., and you are fully responsible for all activities that occur under such means. You will immediately notify Care2tell of any unauthorized use of your password, username, e-mail, or any other breach of security. Care2tell shall be entitled to display your private information to any party presenting your secret credentials, and to accept from such party instructions and payments on your behalf, etc.
Privacy
The collection, storage, use and transferability of any information you provide to Care2tell is governed by Care2tell’s Privacy Policy, which is fully incorporated herein. By agreeing to these Terms of Service you also agree to the terms of Care2tell’s Privacy Policy.
The information you provide during the registration process will be kept in Care2tell's database. Care2tell will protect the integrity and safety of the database, all as more fully set forth in the Privacy Policy. However, such means are not fault-proof and Care2tell will therefore not be liable for any direct, indirect, consequential or incidental damage that you may sustain due to unauthorized intrusion of the database.
All User Submissions are public. At your written request, Care2tell will remove your User Submissions, but you acknowledge that it is impossible for Care2tell to control third parties’ usage of your published User Submissions outside of the Website, despite Care2tell’s removal thereof. Care2tell shall not be held liable in such cases.
Care2tell uses IP addresses to analyze trends, administer the Website, track a User’s movement, and gather broad demographic information for aggregate use. IP addresses might also be linked to personally identifiable information in order to improve your experience when using the Website. Care2tell may also retain any emails, letters, or other correspondence between the User and Care2tell to ensure quality control and the best possible service, although it has no obligation to do so.
Care2tell may assign, transfer, rent, sell or lease its database, without giving you any prior notice, to any affiliate and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party, provided that the transferee ratifies Care2tell’s Privacy Policy.
Third-Party Content, Links and Advertisement
Care2tell may incorporate content or links provided by third parties, including advertisers. Such content is provided for informational or advertising purposes only and is not intended for any other purposes. Care2tell does not warrant the validity, accuracy, or availability of the content and will not be liable for any damages sustained due to reliance on such information or advice.By clicking on the advertisements or links, you may be directed to or hyperlinked into a website of the third party or receive other messages, information or offers from that party.
You acknowledge and agree that Care2tell is not liable for the privacy practices of third party content providers and advertisers, or the content of their websites, information, messages or offers. You are wholly liable for all communications with advertisers and for all transactions subsequently executed.
Usage by Children
You are responsible for supervising any minors for whom you are legally or otherwise responsible (whether as a parent or guardian) to ensure that they do not access Care2tell’s content or services without your approval and supervision.
Unsolicited Bulk Email
You acknowledge that unauthorized use of information obtained from Care2tell in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender. Civil and criminal penalties may also apply to email transmitted in violation of the CAN-SPAM Act of 2003.
Intellectual Property
The Website contains software, applications, graphics, text and other materials, copyrighted material, trade secrets and proprietary information owned by Care2tell or by other third parties, such as the Pligg interface/software, which is based on the Affero General Public License. These Terms of Service do not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Care2tell or Care2tell’s property, or that of the relevant third party. You may not in any way reverse-engineer the Care2tell software used on the Website, or create derivative works based upon any trade secret, intellectual property or proprietary information of Care2tell. Furthermore, you may not sub-license, assign, transfer, sell or make any other commercial use of Care2tell intellectual property, content or methodologies. There may be further limitations or restrictions in third party licenses, and you are responsible for complying with their terms.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Care2tell, you hereby grant Care2tell, in addition to any other rights which it has pursuant to any other program established by Care2tell, a worldwide, royalty-free, non-exclusive and transferable license to use, reproduce, prepare derivative works of (including without limitation, to rename, edit, shorten, split the stories into different segments, and use the entire stories or segments as part of compilations), display, execute, and perform the User Submissions in connection with the Website and Care2tell's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof).
You further grant a royalty-free, non-exclusive, personal license to other Users to view, comment, vote on and forward your User Submissions, and to make any other use of User Submissions contemplated by the Website, for non-commercial purposes.
These licenses terminate within a commercially reasonable time after you remove or delete your User Submission or terminate your User account.
Care2tell respects the intellectual property of others, and we ask our Users to do the same.
Care2tell may, in appropriate circumstances and at its discretion, terminate the account or access of Users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Copyright Agent of Care2tell with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Agent for Notice of claims of copyright or other intellectual property infringement can be reached at dmca@care2tell.com or at 21 Yordei HaSira, Jerusalem Israel.
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. your electronic or physical signature;
2. a description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. a statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court of the Federal District Court for the judicial district in which the address is located or, if the address is outside of the United States, for any judicial district in which Care2tell may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Agent, Care2tell may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order to prevent this from occurring, the removed content may be restored, or its access may be enabled, in 10 to 14 business days or more after receipt of the counter-notice, at Care2tell's sole discretion.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT use of any or every part of this service is entirely at your own risk and that The Website IS PROVIDED “AS IS”, AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS The Website IN RESPECT TO ITS PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF The Website IS AT YOUR SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Care2tell, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS MAKE NO WARRANTY WITH RESPECT TO ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE, (VI) READABILITY OR ACCESSIBILITY OF USER SUBMISSIONS THAT INCORPORATE EMBEDDED CONTENT, AND/OR (VII) AVAILABILITY AND CONTENT OF URL’S AND OTHER THIRD-PARTY SERVICES OR CONTENT INCORPORATED IN A USER SUBMISSION OR OTHERWISE APPEARING ON THE WEBSITE.
IF THE PERTINENT JURISDICTION DOES NOT ALLOW SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES, THEN THOSE SPECIFIC PROVISIONS ABOVE WILL NOT APPLY TO YOU BUT YOU AGREE THAT THE TERMS ABOVE WILL STILL APPLY TO THE GREATEST EXTENT COMPATIBLE WITH APPLICABLE LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Care2tell, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THESE TERMS OF SERVICE.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH Care2tell, YOU HEREBY RELIEVE Care2tell, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH YOU MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISSATISFACTION REGARDING THE WEBSITE IS TO TERMINATE YOUR ACCOUNT.
IF THE PERTINENT JURISDICTION DOES NOT ALLOW SOME OF THE ABOVE LIMITATIONS OF LIABILITIES, THEN THOSE SPECIFIC PROVISIONS ABOVE WILL NOT APPLY TO YOU BUT YOU AGREE THAT THE TERMS ABOVE WILL STILL APPLY TO THE GREATEST EXTENT COMPATIBLE WITH APPLICABLE LAW.
Indemnification
User shall indemnify, defend and hold harmless Care2tell and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Care2tell or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by User according to these Terms of Service; (b) any materials that User had posted to Care2tell or transmitted through it, and/or any content otherwise provided by User; or (c) any third party claiming that Care2tell or its above-mentioned affiliates is in any way responsible for any actions or inactions or any events occurring or affecting User.
Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
Modifications and Termination of Care2tell
Care2tell reserves the right to modify or discontinue, temporarily or permanently, the services in Care2tell, with or without notice to User. User agrees that Care2tell shall not be liable to any User or third party for any modification or discontinuance of Care2tell’s services, or for any losses or damages that may result to User from such discontinuation or interruption of service.
Care2tell’s services depend on various factors such as software, hardware and communications networks of Care2tell, its contractors and suppliers. Hence, Care2tell cannot guarantee that its service will be uninterrupted or that it will be timely, secure or error-free.
Care2tell, at its sole discretion and for any reason, may terminate a User’s registration or participation in Care2tell and refuse any and all current or future use by a User.
Modifications to these Terms of Service
Care2tell may change these Terms of Service or any part hereof at any time according to its absolute discretion. Care2tell will provide notice on the Website in case of a material change. Therefore, you are encouraged to check the terms of these Terms of Service periodically. By using the Website after the changes, you agree to be bound by such changes to these Terms of Service or the Privacy Policy.
No Assignment
User shall not assign his or her rights and obligations under these Terms of Service, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Care2tell. Any purported assignment by User without the appropriate prior written approval will be null and void and of no force or effect.
Miscellaneous
Nothing in these Terms of Service shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms of Service shall be interpreted only in accordance with the laws of the Israel (excluding any rules governing choice of laws), and any legal proceeding arising out these Terms of Service will occur exclusively in the courts located in Jerusalem. These Terms of Service will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms of Service (and the policies referenced herein and incorporated by reference) constitute the entire agreement between Care2tell and User with respect to the subject matter hereof, and User has not relied upon any promises or representations by Care2tell with respect to the subject matter except as set forth herein. The failure of Care2tell to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions shall remain in full force and effect. No amendment to these Terms of Service will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
Violation
The User may report any violation of these Terms of Service to editor@care2tell.com
Last Updated: May 15th 2008
