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Website terms of service

LAST UPDATED: August 26th, 2007

mamaherb.com TERMS OF SERVICE

Welcome to mamaherb.com website (the "Mamaherb Site") owned and operated by Green Nature Limited ("we", "us", "our", "Mamaherb").

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE BEFORE ACCESSING OR USING THE MAMAHERB SITE. Please make sure you fully understand the contents of these Terms. If you have any doubts about any of your rights and obligations resulting from entering into this agreement, please consult legal counsel in your jurisdiction.

BY ACCESSING AND USING THE MAMAHERB SITE OR BY REGISTERING WITH MAMAHERB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, OUR COPYRIGHT/IP POLICY AND PRIVACY POLICY, AS UPDATED FROM TIME TO TIME (THE "TERMS"). THE ENGLISH VERSION OF THE TERMS IS THE ONLY VALID AND LEGALLY BINDING VERSION.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS, STOP USING THE MAMAHERB SITE AND/OR SERVICE.

1.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
1.1. Mamaherb does not provide medical or any other health care or fitness advice, diagnosis, treatment or service. Any and all User Generated Content, as this term is defined in section 2, submitted by any person accessing, using and/or registering with Mamaherb ("Users"), as well as Mamaherb online information exchange service (the "Service") are made available for informational purposes only and do not constitute professional medical or health advice, or any substitute thereof. Professional medical and healthcare consultation depends on the precise facts of each and every individual case. Always consult your physician or other relevant and qualified healthcare providers for diagnostic and treatment purposes. Never disregard professional medical advice or delay in seeking it because of something you have read on this site. If You think You have a medical emergency, call your doctor or local emergency number (in the US - "911") immediately.
1.2. Mamaherb has no control over the accuracy, the quality, legality or suitability of any User Generated Content and You are encouraged to personally check, analyze and obtain references and reach independent decision about your use of any User Generated Content. MAMAHERB DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, OR RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY USER GENERATED CONTENT IN THE MAMAHERB SITE, OR APPEAR IN SEARCH RESULTS ON THE MAMAHERB SITE, AND YOU ASSUME THE SOLE RISK OF POSTING AND/OR MAKING USE OF AND/OR RELYING ON THE USER GENERATED CONTENT, AND SERVICE AVAILABLE ON THE MAMAHERB SITE.
1.3. The provisions of this Section 1 shall survive termination of these Terms, and shall remain in full force and effect at all times thereafter.
2.
YOUR USE OF THE MAMAHERB SITE
2.1 The Mamaherb Service is a community oriented online information exchange service, enabling Users to easily find, contribute and share well being and health related User Generated Content. The content that is made available on or through on the Mamaherb Site is generated by Users only, including materials, online communications, e-mails, products, treatments, ingredients, theories and other information available in whatever format, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text ("User Generated Content"). Mamaherb nor any of its affiliates, stockholders or beneficial owners, its or their employees, agents, subcontractors and related parties (altogether referred herein as "Mamaherb") do not provide, decide or otherwise influence on the content of the Mamaherb Site, except as expressly specified herein.
2.2. You may use the Service, upload or download User Generated Content, provide feedback and participate in the Mamaherb community and blogs, all subject to and in accordance with the Terms, and provided you are at least 13 years old.
2.3. You agree to abide by all applicable local and international laws, rules and regulations, including when relating, without limitation, to copyright and intellectual property rights, privacy policy and medical and healthcare related content.
2.4. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Mamaherb Site, and the access and use of it by anyone on your behalf.
2.5. The Service is intended for your personal use and not for any commercial use. You acknowledge that Mamaherb Site is protected by intellectual property rights of Mamaherb, other Users or third parties, and agree that shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any User Generated Content for commercial purposes or in any manner infringing any such rights. Please also refer to our Copyright Policy/IP policy.
3.
CONTENT YOU POST OR SUBMIT
3.1. Upon registration with Mamaherb Site, access to the Mamaherb Site or use of the Service, You may post or submit User Generated Content. You acknowledge that any User Generated Content You post can be accessed and viewed by others, including the public in general and should therefore keep in mind that User Generated Content is not confidential information; You further acknowledge that User Generated Content You have posted can be clipped and pasted on other community and personal websites or otherwise used by any Users. If you wish to keep personal or health related information private do not post it on the Mamaherb Site or through e-mails communications from, through or to Mamaherb.
3.2. We encourage you to treat User Generated Content, whether posted by you or other Users, with caution and discretion, and respect of privacy rights, all in accordance with Mamaherb Privacy Policy, as well as any applicable laws.
3.3. If you submit any User Generated Content to the Mamaherb Site, including if you submit any business information, idea, concept or invention through the Mamaherb Site and /or e-mail communications, you automatically grant Mamaherb a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative work from, modify, publish, edit, translate, perform, combine with, incorporate and display the communication or content in any media or medium, or any format or forum. Mamaherb may sublicense its rights through multiple tiers of sublicenses. You further waive all rights of attribution with respect to the use of your User Generated Content. By uploading your ideas to Mamaherb Site you allow Mamaherb and every User to use such and benefit there from, in any available and legal way.
If you wish to keep any business information idea, concept or invention private or proprietary, do not submit them to Mamaherb Site or through e-mails communications from, through or to Mamaherb.
3.4. If You choose to submit or post User Generated Content, You agree that (i) YOU ASSUME THE SOLE RISK AND CONSEQUENCES OF POSTING SUCH USER GENERATED CONTENT, OR INFORMATION OTHERWISE PROVIDED BY YOU TO MAMAHERB OR OBTAINED AS A RESULT OF YOUR USE OR OTHER INVOLVEMENT WITH THE MAMAHERB SITE and that (ii) you will refrain from willfully or carelessly breach the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Mamaherb Site; or interfere with or disrupt the functionality of the Mamaherb Site or other parties' sites; or circumvent or manipulate the operation, or functionality of the Service; or send automated or machine generated search queries; or post false, inaccurate, irrelevant or misleading User Generated Content or SPAM; or use robots, crawlers and similar applications to collect and compile User Generated Content from Mamaherb Site, including in such ways that might impair or disrupt Mamaherb Site's functionality; or impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or collect or process personal information of Mamaherb Site Users without their explicit consent; or post, disseminate, transmit or otherwise communicate from, through, or to Mamaherb Site, or making available any User Generated Content on Mamaherb Site, or when using Mamaherb Site or the Service, User Generated Content which may reasonably be deemed as infringing or violating any of the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Mamaherb Site.
4.
REGISTRATION
4.1. Should You wish to use part of the Service which is subject to registration, You will be asked to submit certain information about yourself ("Registration Information"). By submitting Registration Information, You represent and warrant that you are 13 years of age or older, and that all Registration Information you have provided is true, accurate, current and complete.
4.2. In order for You to use part of the Service which is subject to registration, You also need to elect and enter a Username and Password. You shall keep Your Password confidential and should not disclose it to anyone. You shall be responsible for all activities and transactions conducted on the Mamaherb Site under your Username and Password. Every person who identifies him/herself by entering Your correct Username and Password is assumed by Us to be You, and all actions and/or information where the Username and Password have been entered correctly will be regarded as valid and/or made by You.
4.3. We will only use your Registration Information in accordance with our Privacy Policy, which is set out in full at Privacy Policy.
4.4. You are solely responsible to provide, amend or update Your Registration Information during the Term of this Agreement.
4.5. 4.5. CONFIDENTIALITY OF ANY COMMUNICATION OR MATERIAL TRANSMITTED FROM/TO OR THROUGH THE WEBSITE OVER THE INTERNET CANNOT BE GUARANTEED AND YOU SHALL ASSUME SOLE AND COMPLETE RISK FOR USING THE MAMAHERB SITE AND MAKING YOUR OWN DETERMINATION AS TO THESE MATTERS. YOU HEREBY AGREE THAT SUBMISSION OF ANY USER GENERATED CONTENT IS NON-CONFIDENTIAL FOR ANY PURPOSES.
5.
LINKS TO OTHER WEBSITES
5.1. The Mamaherb Site may contain hyperlinks to websites operated by third parties ("Third Parties' Sites"). Links to any Third Parties' Site are provided solely as a convenience to You, for Your reference only. If You use these links, you will leave the Mamaherb Site. Mamaherb has not reviewed all of those Third Parties' Sites and does not recommend, endorse or control and is not responsible for any of these Third Parties' Sites, or their content. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE INFORMATION, ADVERTISEMENTS AND SERVICES ON THIRD PARTIES' SITE. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE USER GENERATED CONTENT, ADVERTISEMENTS AND SERVICES AVAILABLE ON THE THIRD PARTIES' SITE OR INFORMATION OTHERWISE PROVIDED TO YOU THROUGH THIRD PARTIES' SITE AS A RESULT OF YOUR USE OR OTHER INVOLVEMENT WITH THE THIRD PARTIES' SITE.
6.
INTELLECTUAL PROPERTY RIGHTS
6.1. Your use of the Mamaherb Site and/or the Service and/or Mamaherb any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world (the "Mamaherb Proprietary Content") does not give you ownership of any Intellectual Property Rights in the Mamaherb Site and/or the Service and/or Mamaherb Proprietary Content or any other rights in or with respect to the Mamaherb Site and/or the Service and/or Mamaherb Proprietary Content, whether existing or future, except for the limited, revocable, personal, non transferable, non exclusive license to use the Mamaherb proprietary Content solely for the purpose of using the Service, all in accordance with and subject to the terms of this Agreement.
6.2. You shall not (i) use, copy, modify, create derivative works from or distribute the Mamaherb Proprietary Content, any part of it, or any copy, adaptation, transcription, or merged portion of it; (ii) decode, reverse engineer, disassemble, decompile or otherwise translate or convert or any part of it; (iii) transfer, loan, lease, assign, rent, or otherwise sublicense the Mamaherb Proprietary Content; (iv) remove any copyright, proprietary or similar notices from the Mamaherb Proprietary Content (or any copies of it).
6.3. Without limiting the generality of the aforesaid, You acknowledge and agree that Mamaherb is the sole and exclusive owner, or is duly licensed to use, any and all right, title and interest in and to the intellectual property rights underlying the Service, including the Mamaherb Proprietary Content and any updates thereto, including any modification, enhancement, adaptation, translation or other change of or addition to the Service or the Mamaherb Proprietary Content, even if developed by Mamaherb based on ideas, suggestions, specifications, demands or proposals by You or any other third party. You irrevocably assign to Us all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how. You agree that You will not contest Our sole and exclusive ownership of the aforesaid intellectual property rights or Mamaherb Proprietary Content on any ground.
6.4. The provisions of this Section 6 shall survive termination of these Terms, and shall remain in full force and effect at all times thereafter.
7.
OUR RIGHTS
7.1. We reserve (but are not obligated), at our sole discretion, the right to:
7.1.1. Record the User Generated Content or Registration Information;
7.1.2. Investigate an allegation that a communication/ User Generated Content does not conform to the Terms and determine in our sole discretion to remove or request the removal of such;
7.1.3. Remove User Generated Content or communication which are abusive, illegal or disruptive;
7.1.4. monitor, change, amend or delete User Generated Content or communication regardless of whether such violates these Terms;
7.1.5. at any time, without prior notice to You and without derogating from our other rights under these Terms, TERMINATE YOUR USE OF THE MAMAHERB SITE AND SERVICE if we suspect or believe that you are in breach of any of the terms and conditions of these Terms; or that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any applicable terms and conditions or that you are otherwise acting unlawfully.
7.1.6. We may amend any and all terms of the Terms. If you continue to use the Mamaherb Site or the Services after we have updated the changes, you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not continue to use the Mamaherb Site or the Services any further.
7.1.7. We may transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person or entity without notice, and you will be deemed to have given your consent to any such assignment.
7.2. WE HAVE NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR THE PERFORMANCE OR NON- PERFORMANCE OF THE AFOREMENTIONED ACTIVITIES.
8.
DISCLAIMER OF WARRANTY
8.1. THE MAMAHERB SITE, AND/OR SERVICE AND/OR MAMAHERB PROPRIETARY CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES WHATSOEVER. YOU ACKNOWLEDGE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE MAMAHERB SITE, USE OF THE MAMAHERB SITE, SERVICE OR OF THE USER GENERATED CONTENT, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. MAMAHERB DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE MAMAHERB SITE, THE SERVICE AND/OR USER GENERATED CONTENT OR ANY INFORMATION HOWEVER UPLOADED TO THE MAMAHERB SITE WILL BE AVAILABLE, SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. MAMAHERB FURTHER DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, 1) OF SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE USER GENERATED CONTENT OR ANY INFORMATION HOWEVER UPLOADED TO THE MAMAHERB SITE, OR SERVICE FOR ANY PURPOSE; 2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT; 3) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; 4) THAT MAMAHERB SECURITY METHOD WILL BE SUFFICIENT TO PROTECT ANY CONFIDENTIAL INFORMATION OR INFORMATION PROCESSED, TRANSFERRED OR OTHERWISE USED IN RELATION TO THE MAMAHERB SITE AND/OR THE SERVICE; 5) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ELECTRONIC INTERFACE OR INTERNET OR OTHERWISE THROUGH THE MAMAHERB SITE OR SERVICE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE MAMAHERB SITE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY LAW, AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION GIVEN BY MAMAHERB WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
8.2. The provisions of this Section 8 shall survive termination of these Terms, and shall remain in full force and effect at all times thereafter.
9.
LIMITATION OF LIABILITY
9.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NEITHER WE OR OUR AFFILIATES, STOCKHOLDERS OR BENEFICIAL OWNERS, OUR OR THEIR EMPLOYEES, AGENTS, SUBCONTRACTORS AND RELATED PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA) EITHER IN TORT, CONTRACTUAL OR ANY OTHER FORM OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE MAMAHERB SITE, THE SERVICE, MAMAHERB PROPRIETARY CONTENT AND/OR THE USER GENERATED CONTENT, OR ANY INFORMATION HOWEVER UPLOADED TO THE MAMAHERB SITE OR FROM ANY FAULT, OR ERROR, OR FROM RELIANCE ON USER GENERATED CONTENT POSTED ON MAMAHERB SITE, OR ANY INFORMATION HOWEVER UPLOADED TO THE MAMAHERB SITE, OR FROM ANY COMMUNICATION WITH MAMAHERB, OR WITH OTHER USERS ON OR THROUGH MAMAHERB SITE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR ACCESS TO ANY PART OF THE MAMAHERB SITE, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR USER GENERATED CONTENT ON MAMAHERB SITE.
9.2. The provisions of the Terms allocate the risks between You and Us, and You agree and acknowledge that this allocation of risk and the limitation of liability specified herein reflect the terms hereof (including the fact that your receive Our Service free of charge).
9.3. The provisions of this Section 9 shall survive termination of these Terms, and shall remain in full force and effect at all times thereafter.
10.
INDEMNIFICATION
10.1. You agree to fully indemnify, defend and hold Us, our affiliates, stockholders, and beneficial owners and our or their officers, directors, employees, agents, contractors, suppliers and anyone acting on our behalf harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with your (a) access and use of the Mamaherb Site, the Service and/or User Generated Content and/or Mamaherb Proprietary Content by yourself or by anyone else using your Username and Password; or (b) the User Generated Content you post on the Mamaherb Site, any communication you convey through the Mamaherb Site or (c) your breach of any of the Terms, or any other terms, rules and regulations applicable to Mamaherb, or (d) your violation or infringement of other persons rights.
10.2. The provisions of this Section 10 shall survive termination of these Terms, and shall remain in full force and effect at all times thereafter.
11.
TERM, TERMINATION AND TERMINATION OF OPERATIONS
11.1. These Terms are effective from the moment of acceptance by you, whether by accessing, using and/or registering with Mamaherb site and shall remain in force for an unlimited time, unless terminated by Us by written notice, or without any notice in accordance with the terms of section 7 hereof.
11.2. We have the right to terminate these Terms immediately. Upon interruption of Mamaherb operations, whether temporarily or permanently, we may block, remove or delete any User generated Content without maintaining any back up copy.
11.3. You have the right to terminate these Terms immediately, upon written notice to us.
11.4. The expiry or termination of these Terms for any reason shall not affect any rights, obligations or liabilities accrued before the date of termination or expiry, or any rights, obligations or liabilities specifically stated herein to continue or which by their nature should continue in force after and despite expiry or termination.
12.
Miscellaneous
12.1. These Terms, as posted on the Mamaherb Site from time to time, is the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings, agreements and discussions between them, oral or written, with respect to such subject matter. We reserve the right to change the Terms from time to time. It is your responsibility to check from time to time and see whether there is an updated version.
12.2. No failure, delay or forbearance of either party in exercising any power or right hereunder shall in any way restrict or diminish such party's right's and power's under these Terms or operate as a waiver of any breach or non-performance by either party of any of the terms or conditions hereof.
12.3. If any provision of these Terms is held to be unenforceable, these Terms shall be construed without such provision.
12.4. The section headings herein are provided for convenience only and have no substantive effect on the construction of these Terms.
12.5. You shall not transfer in any way whatsoever your rights under these Terms, without our prior written consent, which may be given in our sole discretion.
12.6. By accessing and using the Mamaherb Site or by registering with Mamaherb you also agree to the use of electronic communications in order to enter into contracts, and waive any rights or requirements under applicable laws or regulations in any jurisdiction which require an original (non-electronic) signature, to the extent permitted under applicable mandatory law.
12.7. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Mamaherb Site or delivered to such e-mail address You provided, as shall be decided by Us from time to time. All communications in either electronic or paper format will be considered to be "in writing" and to have been received no later than five business days after posting or dissemination, whether or not you have actually received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format.
12.8. Any notices required to be given in writing to us or any questions concerning these Terms should be addressed to: thepeople@mamaherb.com.
This site does not provide medical or any other health care or fitness advice, diagnosis or treatment. The site, and its services, as well as any content, including without limitation user generated content, in whatever format, including any text, images and video clips (the "Content"), are made available for informational purposes only and do not constitute professional medical or health advice or any substitute thereof. Professional medical and healthcare consultation depends on the precise facts of each and every individual case. Always consult your physician or other relevant and qualified healthcare providers for diagnostic and treatment purposes. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
Mamaherb Inc. does not, either expressly or impliedly, endorse, or recommend or in any manner assume any responsibility for any Content, products, services, and any medical researches, reports, theories and other information that are included in the Content, in the site, or appear in search results on mamaherb.com.
By accessing or using this site in whatever manner or any Content therein or by registering and uploading any Content to this site, you acknowledge that you shall be deemed to have read and agreed to our Terms of Service, Copyright/IP Policy and Privacy Policy, and you agree that you are solely responsible for any access or use of mamaherb.com or upload of any Content to mamaherb.com.