Terms of Use — beyondOK

Terms of Use

This website is provided by Remarkible, Inc dba (beyondOK).

THE INFORMATION ON THE beyondOK WEBSITE IS FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. REMARKIBLE ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION ON THE REMARKIBLE WEBSITE OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Acceptance of Terms of Use

Please read these Terms of Use carefully before using the beyondOK website. By using the beyondOK website, you accept and agree to be bound by these Terms and Online Privacy Statement. If you do not want to agree to these Terms of Use, you must not access or use the beyondOK website. These Terms are subject to change by us at any time, effective when posted on the beyondOK website. Your continued use of the beyondOK website will constitute your acceptance of any such changes.

We are committed to protecting the privacy of children. You should be aware that the beyondOK website is not intended or designed to attract children under the age of 13. By using the beyondOK website, you represent and warrant that you are above 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.

Proprietary Rights

As between you and beyondOK (unless otherwise provided in these Terms and excluding any User Content you submit), beyondOK or its licensors own all content on the beyondOK website, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. This content is protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.

The marks “Remarkible,” and the Remarkible logo are marks of Remarkible, Inc.

If you find any materials on the beyondOK website to be useful, you may not reprint or electronically reproduce any material for bulk or commercial use. For special permissions, please contact us at the address below.

If you believe that any material on the beyondOK website infringes your copyright, pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), you must send a written notice, Attn: DMCA Agent, to the address below.

In accordance with the DCMA, the written notice must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A description of the work claimed to have been infringed or, if more than one work is covered by the notice, a description of each work.
A description of the material that is claimed to be infringing in a sufficiently precise manner to allow us to locate the material.
Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, email address.
A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights owner.

User Content

You may contribute content to the beyondOK website including, without limitation, videos and textual narratives that share your stories and associated comments thereto (“User Content”). You understand that when you submit User Content, you are granting Remarkible a license to display the User Content on the beyondOK website as well as beyondOK and third-party media platforms and, whether or not your User Content is published, Remarkible guarantees no confidentiality or anonymity with respect to your User Content.

Even if you do not include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, or other identifying information in the background of your video you understand and agree that this information may be displayed along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing. At any time you may contact us at the address below with a written request to disable access to your User Content, including sufficient details in your request for beyondOK to identify and disable such User Content. beyondOK may require verification of your age.

You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the beyondOK website, you grant Remarkible a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of beyondOK. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the beyondOK website a non-exclusive license to access your User Content and to use, reproduce, distribute, display, link to and perform such User Content as permitted under these Terms.

beyondOK reserves the right to monitor User Content and to remove or decline to publish any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. beyondOK has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the beyondOK website.

Links from the beyondOK Website and Third-Party Information

The information posted on the beyondOK website includes information provided by third parties, as well as hyperlinks that will lead to other websites. These linked websites are developed and maintained independently of beyondOK and are not a part of the beyondOK website. When users leave the beyondOK website and travel to a third-party website, they become subject to different terms of use and privacy policies. beyondOK does not control or guarantee the accuracy, relevance, timeliness, or completeness of any third-party information contained on the beyondOK website or any information found on a linked website. Inclusion of any third-party information or hyperlink to another website does not imply Remarkible’s affiliation with, or endorsement of the views expressed or products or services offered by, any third party.

Disclaimers

beyondOK DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE beyondOK WEBSITE. Furthermore, the Remarkible website is provided “as is,” and beyondOK does not make any express or implied warranties or representations in connection with the beyondOK website, other websites accessed by hyperlink, or the Internet generally (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose).

Although beyondOK makes every effort to ensure the correctness of information contained on the beyondOK website, Remarkible disclaims responsibility for any errors or omissions. beyondOK cannot and does not guarantee that the beyondOK website is free of viruses or other harmful components.

In no event shall Remarkible or its directors, members, officers and employees be liable for any claims, liabilities, judgments, losses, costs, expenses, fees or damages of any kind, including direct or indirect, special, incidental consequential or punitive damages, arising out of or relating to your use of or access to the beyondOK website, other websites accessed by hyperlink, or the Internet generally.

Indemnity

You hereby agree to defend, indemnify and hold harmless beyondOK and its directors, members, officers and employees from and against any claims, damages, liabilities, judgments, losses, costs, expenses, or fees (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your use of or access to the beyondOK website or your violation of these Terms of Use.

Termination

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the Remarkible website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the applicable authorities.

International Access

The beyondOK website is provided from the United States of America. We make no claims concerning whether material from this beyondOK website may be downloaded or is appropriate for use in any other country. It is your responsibility to ensure that your use complies with all applicable laws outside of the United States of America.

General

Except as expressly provided on the beyondOK website, these Terms of Use and the Disclaimer Statement constitute the entire agreement between you and beyondOK with respect to the use of the beyondOK website. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, and you agree to submit to the personal jurisdiction of the courts of the State of New York. Both parties hereby expressly waive any right to a jury trial in any such proceeding. In the event that any portion of these Terms of Use is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the beyondOK website, or the use of the beyondOK website, must be filed within one year after such claim or cause of action arose and must be filed in a court in Delaware. beyondOK’s failure to assert a right or enforce a provision under these Terms of Use shall not constitute a waiver of such right or provision.

Thank you for your cooperation.