Any content or comments you provide on the Aetna Page shall be referred to as “User Content.”
USER CONTENT DOES NOT REFLECT THE OPINIONS OF AETNA, ITS EMPLOYEES OR AFFILIATES, AND AETNA DOES NOT ENDORSE ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY ANY USER, OR FOR ANY LOSS OR DAMAGE THERETO.
User Content must adhere to the following requirements and CANNOT:
- Contain any third-party material (including any intellectual property), including, without limitation, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items (collectively, “Third Party Materials”) without the explicit prior written permission to use any such Third Party Materials;
- Be sexually explicit; graphically, gratuitously or unnecessarily violent; defamatory or derogatory of any ethnic, racial, gender, religious, professional or age group; pornographic; or contain nudity;
- Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without explicit prior written permission;
- Contain private information about yourself or any other individual, including, without limitation, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;
- Be in violation of any law, or depict any materials or images that are in violation of any law;
- Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
- Contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo or poker, or any other form of solicitation.
Release: You acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Aetna Page and agree that you will not hold Aetna, its subsidiaries and affiliates, responsible or liable and shall release Aetna, its subsidiaries and affiliates, from any liability related to any User Content submitted by you or related to your use of the Aetna Page.
License: You hereby grant to Aetna, its subsidiaries, affiliates and agents, a perpetual (as long as Aetna or any other third party has not deleted the User Content), non-exclusive, worldwide, irrevocable, sub-licensable, royalty-free license to use, redact, reproduce, publish, adapt, edit, modify, create derivative works of, perform, display, distribute or otherwise exploit your User Content and/or all other intellectual property contained therein, alone or with other materials for any commercial or non-commercial purposes in Aetna’s sole discretion without any compensation paid to you and without further approval from you.
Proprietary Rights: The Aetna Page contains information and materials protected by copyright, trademark, and/or other proprietary laws. Such information and materials may include, without limitation, trademarks, service marks, trade names and logos of Aetna, its affiliates and third parties. Nothing on the Aetna Page grants or should be construed as transferring, assigning or granting to you any rights, including without limitation, a license to use, any such information and materials. Additionally, you understand and agree that you do not own or have any rights in the Aetna Page, or any information or material made available through the Aetna Page (other than your User Content). Except as otherwise stated, you agree not to copy, rent, lease, sell, make available, distribute, modify or make derivative works of the Aetna Page or any information that we post to the Aetna Page (other than your User Content) without our prior express written consent.
The Aetna Page is intended for persons older than 18 years. If you live in a state where the explicit consent of a parent or legal guardian is required if you are under the age of 21, you may be required to secure such consent prior to submitting a Submission or other content to the Website.
No Warranties: The information, materials and services on the Aetna Page are provided to you “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. We make no representation or warranties as to any material or information posted on the Aetna Page or that your use of content posted on or material otherwise made available through this Aetna Page will not infringe the rights of third parties.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE AETNA PAGE, WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AETNA PAGE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AETNA PAGE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO US $100.
Digital Millennium Copyright Act: We are committed to complying with copyright and related laws, and we require all users of the Aetna Page to comply with these laws. Accordingly, you may not store any material or content on, post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Upon receiving such notice, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the DMCA procedures to resolve the claim between the notifying party and the alleged infringer.
If you believe that your work has been posted on the Aetna Page in a way that constitutes copyright infringement, please provide our designated agent (see below) with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Aetna Page;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the information contained in your report 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.
Our designated agent for notice of claims of copyright infringement can be reached by sending an e-mail to DMCANotice@aetna.com.