About.com(TM) service (the "Service") and its affiliate sites (the "Sites") are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. About.com and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of About.com or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of About.com or the appropriate affiliate.
The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER ABOUT.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. The information, facts, and opinions provided are no substitute for professional advice. Always consult your primary care physician for any medical advice, diagnosis, or treatment and before undertaking a new diet or exercise plan. This Service and the Sites are for informational purposes and should be used in conjunction with health care professionals.
The Service and the Sites include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to About.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of About.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You will be responsible for, and indemnify and hold harmless About.com, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although About.com and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither About.com nor its affiliates is under any obligation to do so. You acknowledge that About.com and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. About.com and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages. You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by About.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant About.com a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for About.com or any third party About.com designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to About.com or any other website owned by IAC/InterActiveCorp, including any Submission posted on About.com through a third party.
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless About.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. About.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
About.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
Your use of the Service and the Sites is at your own risk. NEITHER About Inc., NOR IAC/InterActiveCorp, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST About.com, OR About Inc. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
About.com and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk.. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Service and the Sites is at your own risk. Prior to purchasing any third party products or services described on the Service and the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither About Inc., nor IAC/InterActiveCorp, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Service and the Sites.
You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
ABOUT.COM'S TERMS AND CONDITIONS FOR PODCASTS
About.com's podcasting service (the "Podcast Service") consists of news and information files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable MP3 player.The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by About.com. Ownership: About.com's Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. About.com owns all rights including copyright to the Podcast Content, and to The About.com logos and trademarks used in connection with the Podcast Service. Right to Discontinue Podcast Service: About.com reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of this Member Agreement. About.com assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player.
This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of New York.
Intellectual Property Issues
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. Just as washingtonpost.com requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Kevin Donovan, Copyright Agent, About, Inc., 249 West 17th Street, New York, NY, 10011 or in email to SafeHarborAgent At About Dot Com. This contact information is only for suspected copyright infringement. Please include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail 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 written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Professional Advice Disclaimer.
ABOUT, INC. WEB SITES AND MOBILE APPLICATIONS OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITIONAL OR FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON AN ABOUT, INC WEB SITE OR MOBILE APP. THE USE OF ANY INFORMATION PROVIDED ON AN ABOUT INC. WEB SITE OR MOBILE APP IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON AN ABOUT, INC. WEB SITE OR MOBILE APP OR AVAILABLE THROUGH ANY ABOUT INC SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. ABOUT, INC. WEB SITES AND MOBILE APPS ARE CONTINUALLY UNDER DEVELOPMENT AND ABOUT INC. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN ABOUT, INC. WEB SITES OR MOBILE APPS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a Member of About Inc.'s Calorie Count Web sites or mobile apps with the intent of using the Calorie Count or Calorie Camp Premium Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only make diet changes or physical activities as recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have never lost your balance because of dizziness and you have never lost consciousness; (iv) your physician is not currently prescribing drugs for your blood pressure or heart condition; (v) you are not taking any medication that would adversely interact with specific foods or diet plans; and (viii) you do not know of any other reason you should not diet or exercise; or (B) your physician has specifically approved of your use of Calorie Count.
If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Calorie Count.
Calorie Count, of About, Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
Updated as of September 6, 2012.