Terms and Conditions

PEDIATRIC SAFETY TERMS & CONDITIONS

PediatricSafety.net is an online community for people who care about improving the health and safety and welfare of children. The policies below are applicable to the PediatricSafety.net website (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Pediatric Safety; and all other interactive features, services, and communications provided by the Pediatric Safety Site (“Site”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Pediatric Safety, LLC (collectively “Pediatric Safety” or “we”, “us”, or “our”). In addition to the Content on the Site, the Site provides you with various opportunities to submit and link content and participate in various community and/or social media services (“Services”). BY USING OUR SITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Site, you agree to such terms and conditions.

I. Site Access License. Pediatric Safety grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site or their content and not to modify all or any portion of the Site and their content. You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Site and Services is and will be in compliance with all applicable laws, rules, and regulations. This license does not include any resale or commercial use of the Site or their contents; any derivative use of the Site or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Pediatric Safety’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Upon joining you will also be added to our member list. Accounts inactive for 30 days are subject to deletion. Participating in the Site means you agree to our complete terms and conditions.

II. 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.

III. Precautions. Information found on the Site is meant to support and not replace the relationship with your pediatrician or other medical provider. If you think you may have a medical emergency, call your doctor or 911 immediately. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific treatment on a medical condition. We try to provide helpful and accurate information on the Site, but we are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Site. You should always consult your own doctor, pediatrician or other medical specialist if you have any questions regarding a medical condition or treatment plan, and Pediatric Safety requires that you consult with them before following any recommendations you receive through the Site. By using the Site, you represent that you understand the importance of seeing your own licensed care practitioner and that you will not use the information provided to replace any advice or treatment recommended by your own doctor or pediatrician. We are not responsible for any problems that may result from suggestions, articles or feedback you learn about through the Site. If you choose to follow advice that you received through the Site you agree that you do so at your own risk and are voluntarily participating in these actions.

IV. User Published Content

  1. Submission Policy: Pediatric Safety encourages its readers to upload user published content or user content (e.g. comments to stories, submissions to social media, etc.) to the publicly accessible areas of the Site (“User Submissions”). By posting content on our Site, you expressly grant Pediatric Safety a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the User Submission and your profile information, including your voice and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Pediatric Safety shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

  2. Offensive Material Please note that we will not tolerate spam, harassment or material that is offensive in nature. Pediatric Safety retains the right to delete questionable material, and to change these guidelines. Abuse of our community can result in the instant removal of your account from the Site.

  3. Risks and Liability: User published Content does not represent the views of Pediatric Safety or any individual associated with the Site, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, the Site’s endorsement of user published Content. Pediatric Safety does not vouch for the accuracy or credibility of any user published Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Site. Through your use of the Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site, you assume all associated risks.

V. Guest and Expert Authored Content Agreement between “Author” and “Pediatric Safety”

  1. Submission of Content: By submitting content to Pediatric Safety, Author hereby grants to Pediatric Safety a non-exclusive license to use content (regardless of the form or medium of such content, whether text, videos, photographs, audio or otherwise), submitted to Pediatric Safety now or in the future (collectively, the “Materials”) for use or possible use on the Site in accordance with the terms of this Agreement.  The license granted hereunder includes the perpetual, world-wide right to edit, reproduce, use, display, license, print, publish, promote, distribute, store, and otherwise exploit the Materials (either in the form submitted or in the form of a derivative or adapted work), in connection with the Site, or in any other manner and in any medium or forum, whether now known or hereafter devised, which is related to or derivative of the Site in any way including promotion or marketing of the Site.  Pediatric Safety agrees that it will use its best efforts to give proper attribution to the Author each time the Materials are used. 

  2. Representations and Warranties: Author represents and warrants that Author has the full legal right, power and authority to grant the license provided for herein to Pediatric Safety, and that for the purposes contemplated in this Agreement, Author owns or controls all rights to the Materials including the copyrights, as well as the rights in the likenesses of any people (if any) depicted in the Materials, and neither the Materials nor the exercise of the rights grated herein shall infringe upon or violate the rights of privacy or rights of publicity of any person or entity, or libel or slander any person or entity or violate any person’s or entity’s rights.

  3. Alternative Representations and Warranties: You have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Pediatric Safety and this Agreement. In furtherance of the foregoing, you agree that you will not: (a) submit Material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; or (c) submit Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Pediatric Safety reserves the right to remove or not publish submissions without prior notice.

  4. Addendum for Video Content Submissions If person being photographed is under 18, the undersigned represents that it is the parent/legal guardian of the minor that is the subject of this section and for which this release is being signed, and the undersigned represents that it has read this release and approves of its terms in its entirety.

VI. Copyright and Ownership. All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Pediatric Safety its licensors, vendors, agents and/or its Content providers. For any Pediatric Safety Editorial Program content whether funded totally or in party by sponsors, Pediatric Safety retains the intellectual property in its entirety. Sponsor is granted a limited right to republish in whole or in part for the duration of its funding of the Program. For Guest and Expert Authored Content, published prior to publication on Pediatric Safety, author retains the intellectual property, subject to an irrevocable, perpetual use license to Pediatric Safety allowing it to use the Expert Authored Content on the Site, including the right to republish whether in whole, in part, or in a summary. To avoid channel conflict, all original Guest and Expert Authored content published on Pediatric Safety will not be republished by Author for twelve (12) months without the prior written consent of Pediatric Safety. Author agrees to offer Pediatric Safety a right of first refusal prior to the sale of any Expert Authored Content to a third party. All elements of the Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as may be otherwise indicated in specific documents within the Site or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Site for personal, informational, and noncommercial purposes only. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or otherwise use any images on the Site attributed to third parties. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or other information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services. The Site, its Content and all related rights shall remain the exclusive property of Pediatric Safety or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Site.

VII. Advertising Rights. Pediatric Safety reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Published Content, Guest and Expert Authored Content, and Pediatric Safety and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate Pediatric Safety to sell, license or offer to sell or license any advertising, promotion or distribution rights.

VIII. Sponsored Content: Identification and Review Policies

  1. Sponsored Content Identification: Pediatric Safety may accept sponsorships as well as advertisements from relevant commercial organizations, manufacturers, and other leaders dedicated to providing health and lifestyle information. We take steps to ensure that you can clearly identify content that is sponsor provided and is therefore not subject to Pediatric Safety’s editorial oversight.

    1. Sponsor Provided Content: In order to clearly distinguish between Pediatric Safety editorial content and content that is created or provided by one of our sponsors, we always label content from our sponsors as From Our Sponsor”, “Sponsored by”, “Promoted by”, or “Provided by”. Note: while content from a sponsor is subject to Pediatric Safety’s Advertising Policy, it is not subject to our Editorial Policy.

    2. 3rd Party Funded Pediatric Safety Editorial Content: In a similar fashion, to clearly distinguish independent editorial content from paid, promotional information, any independent content funded by a 3rd party will receive the attribution “Brought to you by,” “Supported by,” “Funded by,” or similar attribution during the period in which the program is funded. Note: the 3rd party may work with Pediatric Safety to identify a mutually agreed upon general topic, but the content will be produced in accordance with our Editorial Policy and the 3rd party will have no input or control over the content.

  2. Advertising Policies: Pediatric Safety accepts advertising from third parties (“Advertisers”), which may include third party banners, badges, contextual advertising and content created or provided by an Advertiser (collectively referred to as “Advertisements” or “Advertising”).

    1. The sponsor is responsible for the accuracy and objectivity of their content and the content is not reviewed by our Editorial staff for objectivity or balance.

    2. Pediatric Safety has sole discretion for determining the types of Advertising that will be accepted and displayed and under no circumstances will Pediatric Safety ‘s acceptance of any Advertisement be considered an endorsement of the product(s) and/or service(s) advertised or for the company that advertises, manufactures, distributes, or promotes the products or services.

  3. Editorial Policies: Pediatric Safety is an independent media service designed to provide news, information, and educational material to consumers and physicians. Our mission is to bring you the most objective, practical and relevant health information.

    1. Editorial content created by Pediatric Safety is free from influence by sponsors, partners, or other sources.

    2. Be aware, however, that information on Pediatric Safety or any other web site should not be used as a substitute for professional healthcare. Never disregard professional medical advice or delay in seeking it because of something you have read on our site or any site.

IX. Third Party Websites The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. Pediatric Safety suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that the Site has no liability for any damage or loss of any type that is a result of your use of a third party website.

X. Accuracy of Information on the Website PediatricSafety.net cannot be held responsible for the information that is posted online by the members of our community or by the featured bloggers on this site. We cannot verify, endorse or vouch for the information, services or recommendations available through the Website. Everyone is responsible for their own posts. Participating in PediatricSafety.net means you agree to our complete terms and conditions.

XI. Changes to Website Pediatric Safety may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may without notice to the applicable user terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Pediatric Safety shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

XII. Disclaimers. Your use of this Site and Services is at your risk. The information, materials and services provided on or through the Site are provided “As Is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property. Neither Pediatric Safety nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the site. The information, materials and services provided on or through the site may be out of date, and neither Pediatric Safety, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. No advice or information, whether oral or written, obtained from Pediatric Safety or through the Site and Services will create any warranty not expressly made herein

XIII. Indemnity. You agree to defend, indemnify and hold Pediatric Safety and any affiliated company or individual 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.

XIV. AGAIN, VERY IMPORTANT!

Pediatric Safety is intended for educational purposes only. It is not intended to substitute medical advice, diagnoses, and treatment from your physician. If you have personal concerns about your health or the health of your child, we recommend that you consult your physician or pediatrician at once. If you are pregnant, it is very important to check with your healthcare provider regarding nutrition, diet, exercise, and attend regular appointments to monitor your and your unborn child’s health and safety. Pediatric Safety assumes no responsibility for any complication, injuries, loss, or other medical problems relating directly or indirectly from the information, services, or other material on this Web site.

Last Updated: November 28, 2016