PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ALL ACCESS TO AND USE OF THIS
SITE IS GOVERNED BY THESE TERMS.
By using this site, you signify your assent to these Terms and
Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
[trisscheng.com](“trisscheng“) may revise and update these Terms and Conditions at any time. Your continued usage of the trisscheng website (“trisscheng Site,” or the “Site,”) will mean you accept those changes.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Materials
All materials posted on this site are protected by the
copyright laws in the United States and in foreign countries. trisscheng
authorizes you to view or download a single copy of the material on the trisschengSite solely for your personal, noncommercial use if you include the
copyright notice located at the end of the material, for example: “©2019, trisscheng. All rights reserved” and other copyright and proprietary rights
notices that are contained in the Content. Any special rules for the use of
certain software and other items accessible on the trisscheng Site may be
included elsewhere within the Site and are incorporated into these Terms and
Conditions by reference.
Title to the materials remains with trisscheng or its licensors. Any use of the
materials not expressly permitted by these Terms and Conditions is a breach of
these Terms and Conditions and may violate copyright, trademark, and other
laws. Content and features are subject to change or termination without notice
in the editorial discretion of trisscheng. All rights not expressly granted
herein are reserved to trisscheng and its licensors.
If you violate any of these Terms and Conditions, your permission to use the
materials automatically terminates and you must immediately destroy any copies
you have made of any portion of the materials.
Liability of trisscheng and Its Licensors
The use of the trisscheng Site and the Content is at your
own risk.
All information provided on this website is subject to change without notice.
When using the trisscheng Site, information will be transmitted over a medium
that may be beyond the control and jurisdiction of trisscheng and its
suppliers. Accordingly, trisscheng assumes no liability for or relating to the
delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the trisscheng Site.
The trisscheng Site and the content are provided on an “as is” basis.
trisscheng, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, trisscheng, its licensors, and its suppliers
make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the
Content, software, text, graphics, links, or communications provided on or
through the use of the trisscheng Site or trisscheng.
The satisfaction of any government regulations requiring disclosure of
information on prescription drug products or the approval or compliance of any
software tools with regard to the Content contained on the trisscheng Site.
In no event shall trisscheng, its licensors, its suppliers, or any third parties
mentioned on the trisscheng Site be liable for any damages (including, without
limitation, incidental and consequential damages, personal injury/wrongful
death, lost profits, or damages resulting from lost data or business
interruption) resulting from the use of or inability to use the trisscheng Site
or the Content, whether based on warranty, contract, tort, or any other legal
theory, and whether or not trisscheng, its licensors, its suppliers, or any
third parties mentioned on the trisscheng Site are advised of the possibility of
such damages. trisscheng, its licensors, its suppliers, or any third parties
mentioned on the trisscheng Site shall be liable only to the extent of actual
damages incurred by you, not to exceed U.S. $1000. trisscheng, its licensors,
its suppliers, or any third parties mentioned on the trisscheng Site are not
liable for any personal injury, including death, caused by your use or misuse
of the Site, Content, or Public Areas (as defined below). Any claims arising in
connection with your use of the Site, any Content, or the Public Areas must be
brought within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms and Conditions are exclusive and are
limited to those expressly provided for in these Terms and Conditions.
User Submissions
The personal information you submit to trisscheng is
governed by the trisscheng Privacy Policy. To the extent there is an
inconsistency between this Agreement and the trisscheng Privacy Policy, this
Agreement shall govern.
The Site contains functionality (including blogs, message boards, user reviews
of drug information, etc.) that allows users to upload content to the Site
(collectively “Public Areas”) and users may also upload content via
our official brand presence on social media platforms and branded hashtags (including,
without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and
Pinterest, collectively “Social Media Platforms”). You agree that you
will not upload or transmit any communications or content of any type to the
Public Areas or Social Media Platforms that infringe or violate any rights of
any party. By submitting communications or content to the Public Areas or
Social Media Platforms, you agree that such submission is non-confidential for
all purposes. It is important to note that trisscheng is not responsible for
the operation, terms of use or policies of any Social Media Platform. Before
using any Social Media Platforms you should review its terms of use and
policies, including its privacy policy.
If you make any such submission you agree that you will not send or transmit to
trisscheng by email, (including through the email address listed on the
“Terms of Use” page) any communication or content that infringes or
violates any rights of any party. If you submit any business information, idea,
concept or invention to trisscheng by email, you agree such submission is
non-confidential for all purposes.
If you make any submission to a Public Area or a Social Media Platform or if
you submit any business information, idea, concept or invention to trisscheng
by email, you automatically grant-or warrant that the owner of such content or
intellectual property has expressly granted- trisscheng a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or
any form, format, or forum now known or hereafter developed. trisscheng may
sublicense its rights through multiple tiers of sublicenses. If you wish to
keep any business information, ideas, concepts or inventions private or
proprietary, do not submit them to the Public Areas or Social Media Platforms
or to trisscheng by email. We try to answer every email in a timely manner, but
are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos,
videos or audio) on the trisscheng site or a Social Media Platform that you
have taken yourself or that you have all rights to transmit and license and
which do not violate trademark, copyright, privacy or any other rights of any
other person. Photos or videos of celebrities and cartoon or comic images are
usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that
contains Personally Identifiable Information (like name, phone number, email
address or web site URL) of you or of anyone else. Uploading media like images
or video of other people without their permission is strictly prohibited.
By uploading any media on the trisscheng site or a Social Media Platform, you
warrant that you have permission from all persons appearing in your media for
you to make this contribution and grant rights described herein. Never post a
picture or video of or with someone else unless you have their explicit
permission.
IT IS STRICTLY PROHIBITED TO UPLOAD MEDIA OF ANY KIND THAT CONTAIN EXPRESSIONS
OF HATE, ABUSE, OFFENSIVE IMAGES OR CONDUCT, OBSCENITY, PORNOGRAPHY, SEXUALLY
EXPLICIT OR ANY MATERIAL THAT COULD GIVE RISE TO ANY CIVIL OR CRIMINAL
LIABILITY UNDER APPLICABLE LAW OR REGULATIONS OR THAT OTHERWISE MAY BE IN
CONFLICT WITH THESE TERMS AND CONDITIONS AND THE trisscheng PRIVACY POLICY.
You agree that you will not upload 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 this Web site.
By uploading any media on the trisscheng site or a Social Media Platform like a
photo or video, (a) you grant to trisscheng a perpetual, non-exclusive,
worldwide, royalty-free license to use, copy, print, display, reproduce,
modify, publish, post, transmit and distribute the media and any material
included in the media; (b) you certify that any person pictured in the
submitted media (or, if a minor, his/her parent/legal guardian) authorizes trisschengto use, copy, print, display, reproduce, modify, publish, post, transmit
and distribute the media and any material included in such media; and (c) you
agree to indemnify trisscheng and its affiliates, directors, officers and
employees and hold them harmless from any and all claims and expenses,
including attorneys’ fees, arising from the media and/or your failure to comply
with these the terms described in this document.
trisscheng reserves the right to review all media prior to submission to the
site and to remove any media for any reason, at any time, without prior notice,
at our sole discretion.
trisscheng Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms;
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Terminate a user’s access to any or all Public Areas and/or the trisscheng Site upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform;
Edit or delete any communication(s) posted on the trisscheng Site, regardless of whether such communication(s) violate these standards;
trisscheng or its licensors have no liability or responsibility to users of the trisscheng Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
trisscheng may provide links to third-party web sites. trisschengalso may select certain sites as priority responses to search terms you enter and trisscheng may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. trisscheng does not recommend and does not endorse the content on any third-party websites. trisschengis not responsible for the content of linked third-party sites, sites framed within the trisscheng Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. trisschengdoes not endorse any product, service, or treatment advertised on the trisschengSite.
Indemnity
You agree to defend, indemnify, and hold trisscheng, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
trisscheng makes no claims that trisscheng, or any Site
within the trisscheng Network and the Content are appropriate or may be
downloaded outside of the United States. Access to the Content may not be legal
by certain persons or in certain countries. If you access the trisscheng
Network from outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this
Agreement for any reason whatsoever: Liability, User Submissions, User
Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete
Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any
dispute with trisscheng, or in any way relating to your use of the trisscheng
Site, resides in the courts of the State of California and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts of
the State of California in connection with any such dispute including any claim
involving trisscheng or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the
State of California, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting trisscheng’s e-mail and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
Your name, address, telephone number and (if available) e-mail address;
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, trisschengmaintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the trisscheng Site, these Terms and Conditions
and the trisscheng Privacy Policy constitute the entire agreement between you and trisscheng with respect to the
use of the trisscheng Site, and Content.
Thank you for your cooperation. We hope you find the trisschengSite helpful and convenient to use!