1. Agreement and Definitions.
Psych Central and the Psych Central Network are the interactive online services operated by Liviant LLC (dba Psych Central; herein referred to as “Psych Central” or “PsychCentral.com”) on the internet, consisting of free information services and content provided by Psych Central, affiliates of Psych Central, and other third parties.
"Member" means any person who accesses PsychCentral.com or the Psych Central Network, or establishes an account ("Account") for access to and use of any of the websites contained within the Psych Central Network. The Psych Central Network includes PsychCentral.com, the Psych Central communities (including the Forums at Psych Central and NeuroTalk), the Psych Central Blogs, Psych Central Answers, and other websites that carry the Psych Central designation and are owned by Liviant LLC.
Members are responsible for all use of their own Account, the integrity, confidentiality and security of their Account, and for ensuring that all use of their Account complies with the provisions of this Agreement.
2. Member Conduct.
(A) Member shall use the Psych Central Network for lawful purposes only. Member shall not post or transmit through the Psych Central Network any material: (i) which violates or infringes in any way upon the rights of others; (ii) which is unlawful, threatening, discriminatory, hateful, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, racist, obscene, pornographic, or is otherwise objectionable; (iii) which encourages conduct that would constitute a criminal offense, gives rise to civil liability, suggests or condones any terrorist act or activity, or otherwise violate any law; (iv) which, without Psych Central’s express prior approval, contains advertising or any solicitation with respect to products or services; (v) which discusses private administrative issues, messages, private messages, or emails between Member and Psych Central’s staff, volunteers, owner, or other administrative personnel; (vi) or which advertises or performs any commercial solicitation, including, but not limited to, the solicitation of users to become Members of other online communities or websites that are competitive with the Psych Central Network. Any conduct by a Member that, in Psych Central’s sole discretion, violates these Terms, restricts or inhibits any other Member from using or enjoying the Psych Central Network or any of its services will not be permitted. A Member’s account may be terminated at any time, without notice.
(B) The Psych Central Network contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Psych Central Network are copyrighted as a collective work under the United States copyright laws. Psych Central owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Member may not publish, modify, or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Member may download copyrighted material for Member’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Psych Central and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Member shall not upload, post or otherwise make available on the Psych Central Network any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Psych Central Network, Member automatically grants, or warrants that the owner of such material has expressly granted Psych Central the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store or reproduce the material for that Member’s personal use. Member hereby grants Psych Central the right to edit, copy, publish and distribute any material made available on the Psych Central Network by Member.
(D) Members are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, using packet capture, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any packet directed toward our servers. You are also prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or content without, or in violation of, an explicit written license with Psych Central; (b) using any data mining, robots, or similar data gathering or extraction methods for any purpose other than collection of data for the sole purpose of providing a free, publicly-available text search engine (such as Google Search or Bing Search). Violations of system or network security may result in civil or criminal liability.
(E) Member shall not conduct any type of research on the Psych Central Network, or any website, service of the Psych Central Network, including the Forums at the Psych Central Network for the purpose of publication or to fulfill a set of educational requirements for an educational institution. Research prohibited includes: (i) naturalistic study of behaviors, members, or users of this website; or (ii) empirical, qualitative, or quantitative research of either scientific or non-scientific inquiry, for the purpose of publication, either publicly (for instance, in a peer-reviewed journal) or privately (for instance, a Master’s thesis or college research paper). Personal research for one’s own use is allowed.
(F) The foregoing provisions may be supplemented or superseded by specific provisions known as the "Community Guidelines" for any of the Psych Central Network’s online communities. When in conflict, the Community Guidelines provisions will take precedence over this Section.
3. Representations and Warranties.
3.1 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 Psych Central and PsychCentral.com, and all officers, owners, 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. Psych Central reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
3.2 Neither Psych Central nor PsychCentral.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Psych Central Network 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.
3.3 THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PSYCH CENTRAL, ITS OWNERS, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
4. Limitation of Liability.
NEITHER PSYCH CENTRAL NOR ITS OWNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PSYCH CENTRAL OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Psych Central shall have the right, but not the obligation, to monitor the content of the Psych Central Network, including chat rooms and forums, to determine compliance with this Agreement and any operating rules or community guidelines established by Psych Central and to satisfy any law, regulation or authorized government request. Psych Central shall have the right, but not the obligation, and at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Psych Central Network. Without limiting the foregoing, Psych Central shall have the right, but not the obligation, to remove any material that Psych Central, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify, defend and hold Psych Central and its Licensors, subsidiaries, affiliates, owners, officers, directors, agents, co-branders or other partners, employees, community moderators, community administrators and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
Either you or Psych Central may terminate this Agreement at any time. Without limiting the foregoing, Psych Central shall have the right to immediately terminate Member’s Account in the event of any conduct by Member that Psych Central, at its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. Psych Central reserves the right to prohibit or terminate use of or access to the site or any of its services at any time, without notice, for any reason whatsoever.
Upon termination of this Agreement, you forfeit all rights to access or make use of our Services for any purpose. All previously-downloaded materials must be removed from your computers and possession. Sections 2, 3, 4 and 6 shall survive any termination of this Agreement by either party.
Psych Central, the Psych Central Network, and each of their logos are trademarks of John M. Grohol, Psy.D. All rights reserved. All other trademarks appearing on the Psych Central Network are the property of their respective owners.
9. Third Party Content.
Psych Central is a distributor and a publisher of content supplied by paid staffers, third parties (such as our bloggers), and Psych Central users (Members). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, bloggers, users, or any other user of the Psych Central Network, are those of the respective author(s) or distributor(s) and not of Psych Central. Neither Psych Central nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Psych Central Network represents the opinions and judgments of the respective information provider, blogger, Member, or other user. Psych Central neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the PsychCentral.com website or the Psych Central Network by anyone. Under no circumstances will Psych Central be liable for any loss or damage caused by any user’s or Member’s reliance on information obtained through the Psych Central Network. It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Psych Central Network. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Opinions and other statements expressed by users and third parties (including our bloggers) are theirs alone, not opinions of Psych Central or the Psych Central Network. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, The Psych Central Network is not undertaking any obligation or liability relating to the content. The Psych Central Network and its affiliates, successors, assigns, employees, agents, and officers do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. The Psych Central Network and its owners, affiliates, successors, assigns, employees, agents, and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The Psych Central Network reserves the right to block or remove communications, postings or materials at any time at our sole discretion.
Psych Central shall have the right at any time to change or discontinue any aspect or feature of the Psych Central Network, including, but not limited to, content, hours of availability, and equipment needed for access or use.
10. Changed Terms.
Psych Central shall have the right at any time to change or modify the terms and conditions applicable to Member’s use of the Psych Central Network, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Psych Central Network, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of the Psych Central Network by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
If you have a subpoena or other legal notice to serve, please note that Psych Central does not accept service via e-mail or fax and will not respond to the subpoena or legal notice (unless it is a properly formatted DMCA claim). All such subpoenas and legal notices to Psych Central must be made via postal mail to:
Attn: Legal Dept.
55 Pleasant St., Suite 207
Newburyport, MA 01950
Any dispute or claim relating in any way to your use of the Psych Central Network will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices: Psych Central, 55 Pleasant St., Suite 207, Newburyport, MA 01950. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
14. Photo Credits.
Psych Central makes use of a variety of photo services for its editorial imagery, including Big Stock Photo, Flickr, the Creative Commons license, and ShutterStock. We appreciate their royalty-free licensing and access to high quality images that complement our editorial content.