Conditions Of Use By A Member Or Supporter
Effective August 2018
By accessing or using the Site, you agree to be bound by the terms of this Agreement. The information on this Site has been prepared without taking account of the objectives, health situation or needs of any particular individual. For this reason, any individual should, before acting on the information on this site, consider the appropriateness of the information, having regard to the individual's objectives, health situation and needs and, if necessary, seek appropriate professional clinical advice.
The Site is provided for informational purposes only and is provided “AS IS.” You are encouraged to seek professional diagnosis and treatment for medical conditions. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.
We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Site or on links reached through the Site. We have no control over any research studies, treatments, products or services described on the Site, and we cannot guarantee the accuracy of information about any research studies, treatments, products or services described on the Site. We are not liable for cancelled or unavailable research studies and opportunities you may have been made aware of through Dragon Claw, your inability to participate in a research studies and opportunities, or any consequences resulting from your participating or not participating in research studies or opportunities you may have been made aware of through Dragon Claw. Further, we have no control over and cannot guarantee any results from your participation This Site.
Does Not Provide Medical Advice
All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. If you think you may have a medical emergency, call your doctor immediately. Dragon Claw does not recommend or endorse any specific tests, physicians, research studies, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Dragon Claw, by persons appearing on the Site at the invitation of or by other members is solely at your own risk.
Membership and access to this Site is reserved for members and requires that you register and complete a questionnaire. In addition, you must be over 18 years of age and be a patient of an Autoimmune Inflammatory Disease, be a carer of such a patient, be a supporter, a clinician or be invited to register for public relations purposes.
Acceptable Use of Site by Members
Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright or rights of publicity or privacy of any party; or (d) is defamatory, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All members represent and warrant that the information they provide when registering as a member, and all information that they subsequently provide regarding themselves and their membership (Dragon Talks, Facebook group, Dragon Talks Zoom meetings and My Story, for example), is in their opinion, a true and accurate statement and not misleading. Members When you register as a member and agree to the Terms and Conditions of Use, Dragon Claw will recognise you as a member. You will automatically be subscribed to your profile and user postings. Members will be able to send private messages to you as long as you remain subscribed. Base subscription is free to members.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means.
Posting and Use of Content
Site for Non-Commercial Use Only
The Site content is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from the Directors or their delegate. Members of Dragon Claw with individual commercial interests may not solicit or overtly promote their products or services within the Member Area.
User Content and Community Discussion Services
"User Content" is content or information (including text, data, images, video, and audio) submitted or posted by users of the Site (including the Community Discussion services). Dragon Claw does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that Dragon Claw will be in no way liable for any User Content or any consequences of its inclusion or omission. Dragon Claw nonetheless retains the right (but not the obligation) to refuse to post or delete any User Content available through the Site, if we believe, in our sole discretion, that the User Content violates the letter or spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.
By submitting a personal story, photograph or video, you understand that Dragon Claw may publish this information and content to its social media sites, to its website, including, without limitation, to any news media. You additionally understand that, once published or released, Dragon Claw has no control over who views or uses the information. You further understand that submitting a story, photograph or video does not entitle you to any monetary or other compensation. You hereby release, waive and discharge any claims of any kind or nature arising out of or relating to the use of the statements, photographs, audio recordings or video recordings which you may have against Dragon Claw or any person or firm authorized by Dragon Claw to publish said materials (“Publisher”). Such release, waiver and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents and assigns of Dragon Claw and any Publisher. The release of rights described above shall be binding on your successors, heirs, assigns, executors, administrators, spouse and next of kin.
You shall only share photographs you own the copyright to or which you have received express permission from the copyright owner to share. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by Dragon Claw. If any people pictured are minors, you must obtain their parent or guardian’s express permission to have their image used by Dragon Claw. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph used and shared by Dragon Claw. By submitting, or otherwise agreeing to Dragon Claw’s use of, a photograph, video or other content, you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your commentary in connection with the content. We reserve the right to use, not use, or discontinue using any content in our sole discretion at any time. You understand that once published, Dragon Claw has no control over who views or uses any uploaded photograph or video content. You further understand that submitting a photograph or video does not entitle you to any monetary or other compensation. Dragon Claw may choose to delegate the task of managing Community Discussion services to internal or external Community Managers or List Managers (collectively “Community Managers”). These Community Managers will be authorized to refuse to post or delete any User Content if they believe, in their sole discretion, that the User Content violates these Terms or is objectionable for any reason.
You agree that Dragon Claw is not liable for the actions or omissions of Community Managers. You further agree that Dragon Claw may transmit and give Community Managers access to User Content for the foregoing purposes.
When you submit your own User Content to be posted on our Site, you must follow these rules:
- Your User Content must be appropriate and civil
- Your User Content must not:
- violate any law
- infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties
- be obscene, indecent, or pornographic
- infringe any copyright, trademark, or other intellectual property right
- infringe any right of privacy or violate any confidentiality obligation
- contain any negligent statement
- incite the commission of a crime
- be in breach of any contractual obligation owed to any person
- be false, misleading, or knowingly inaccurate
- contain any instructions, advice or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage
- constitute spam
- be offensive, blasphemous, threatening, harassing, defamatory, discriminatory or inflammatory
- be likely to cause annoyance, inconvenience or needless anxiety to any person
- link to a page containing material that would violate these prohibitions
Member Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Dragon Claw of any unauthorized use of your membership password or login or any other breach of security.
As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
- You must not use our Site in any way that may damage, overburden, or impair the Site or its availability
- in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity
- You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or Dragon Claw, including but not limited to using another person’s login credentials
- You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software
- You may not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission
- You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent
- You must not use our Site to send spam, surveys, or any unsolicited commercial communications
- You must not use our Site for any purposes related to marketing, research, or any other commercial or organizational purpose without our prior express written consent
- You are required to respect the confidentiality and trust of others in the Dragon Claw communities you participate in. If users participating in Community Discussion share their username, picture, or other content in a way that reveals their identity or enables you to guess who they are, you are forbidden to share this on the Dragon Claw website or anywhere else, unless it is to reply to their posts or refer to their username within Community Discussion. International Users Dragon Claw makes no claims that information on the Site is appropriate or may be downloaded outside Australia.
Links to Other Websites
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Fees Base membership of Dragon Claw is free. Dragon Claw reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
You agree that Dragon Claw may, with or without cause, immediately terminate your Dragon Claw membership or limit or terminate your access to the Site without prior notice. Disclaimer of Warranties The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Dragon Claw does not make and disclaims all expressed and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Dragon Claw does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected. The advice, recommendations, information, and conclusions posted or emailed by other members of the Site may not in any way be vetted, approved or endorsed by Dragon Claw, and you use such information at your own risk.
Limitation of Liability
Under no circumstances shall Dragon Claw, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site. Indemnification You agree to indemnify and hold harmless Dragon Claw, its officers, employees, agents, subsidiaries, affiliates and other partners, 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 this Agreement.
If you register as a member, you agree that Dragon Claw may send notices to you by email at the email address you provide when registering to become a member.
Governing Law and Venue
The laws of the Commonwealth of Australia and the applicable laws of New South Wales shall govern this agreement. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state court residing in New South Wales, and in no other court or jurisdiction. You hereby submit to the jurisdiction of these state courts.
Prizes and Gifts
On the rare occasions when members are offered physical benefits for example a T-shirt, such benefits and gifts are only available in Australia unless specifically stated to the contrary.