Terms and Conditions

Terms of Use

1. Through The Gloom User Account.

You will receive a password and account designation upon completing the site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Through The Gloom of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Through The Gloom cannot and will not be liable for any loss or damage arising from your failure to comply with this provision, or any other provision under this Terms of Use. You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your account(s) and password(s); (3) promptly inform Through The Gloom if you wish to deactivate a password(s). You grant Through The Gloom and all other persons or entities involved in the operation of Through The Gloom (the “Site”), the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Through The Gloom cannot and does not assume any responsibility or liability for any information you submit to the Site, or for your or third parties’ use or misuse of information transmitted or received using the Site.

2. Use of the Site

You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the “Materials”), are the sole responsibility of the person or entity from which such Materials originated. This means that you, and not Through The Gloom, are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively “Upload”) to any portion of the Site. We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will Through The Gloom be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site. You agree to not use the Site to: (i) Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, an Through The Gloom representative, or misrepresent your affiliation with a person or entity; (iii) Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iv) Upload any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any Material that contains software viruses or the like (v) promote the products or services of any entity (even if you disclose your affiliation). You understand and agree that the Through The Gloom does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site. Through The Gloom and our respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on the Site is designed for educational and entertainment purposes only. It is provided with the understanding that Through The Gloom is not engaged in rendering medical advice or recommendation. You should not rely on any information in text files, messages, or articles on this page to replace consultations with qualified health care professionals to meet your individual medical needs. Materials copyrighted by Through The Gloom are for personal use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner or the Through The Gloom. To obtain permission from the Through The Gloom for other than personal use, email [email protected]. The compilation of information on the Site, including the design and organization is copyrighted and may not be reprinted nor electronically reproduced.

3. Termination of Use

You agree that the Through The Gloom, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Materials within the Site, for any reason. Through The Gloom may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that Through The Gloom may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Through The Gloom shall not be liable to you or any third-party for any termination of your access to the Site.

4. Use of Uploaded Materials

Through The Gloom does not claim ownership of Materials you Upload on the Site. If you Upload Materials via the Site (either by offering suggestions via e-mail or participating in any interactive opportunities available on this Site), such information shall be considered public and Through The Gloom shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. In addition, you grant Through The Gloom a world-wide, royalty free and non-exclusive license with respect to Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available. You agree to indemnify and hold Through The Gloom, and its directors, officers, agents, subsidiary organizations, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another. Through The Gloom retains the right to turn over any materials if legally requested to do so.

5. Social Networking Media and Content

Information shared within any social media areas of this site are not reviewed by Through The Gloom. These areas are provided for you to share personal experiences, connect with other visitors, and discuss anything relevant to the management and treatment of your health condition. It is strongly recommended that patients and their caregivers consult with their medical provider regarding their health condition before undertaking any treatment(s) for their health condition. Through The Gloom cannot and shall not be held liable for any recommendations made by users and visitors to the Site. If you are aware of a copyright violation, please contact [email protected]. By using any one of more of the Social Networking areas, you signify your agreement to the Terms of Use. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used. By agreeing to this Terms of Use, you also have signified your agreement to Through The Gloom’s Privacy Policy. If you participate in one or more Social Networking areas within the Site, you cannot: Participate if you are under the age of 13; advocate illegal activity or discuss illegal activities; post or distribute any vulgar, obscene, discourteous, unlawful, obscene, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, or indecent language or images or embarrassing to any other person or entity as determined by Through The Gloom in its sole discretion; advertise, sell to or solicit others; make any bigoted, hateful, or racially offensive statements; use the Site for commercial purposes of any kind, even if you disclose yourself as a representative of such commercial entity; post or distribute any software or other materials that contain a virus or other harmful component; post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board; use the Site for any purpose in violation of local, state, national, or international laws; post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others; continue to post comments after receiving a warning; post chain letters or pyramid schemes; impersonate another person; harvest or otherwise collect information about others, including email addresses, without their consent; allow any other person or entity to use your identification; post the same note more than once or “spam”; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Through The Gloom, exposes Through The Gloom or any of its customers or suppliers to any liability or detriment of any type; copy, quote, or otherwise recreate any Social Networking messages, media, or other postings outside of the Site domain without express written permission from Through The Gloom. You are solely responsible for your own communications within the Social Networking areas, the consequence(s) of posting these communications, and your reliance on any communications in the Social Networking areas. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. When participating in the Social Networking areas, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the Social Networking areas may not be reliable, and it is not a good idea to make any decisions based solely or largely on information you cannot confirm. Through The Gloom shall not and cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information. Through The Gloom reserves the right (but is not obligated) to do any or all of the following: investigate an allegation that a communication(s) do(es) not conform to the TOU and determine in its sole discretion to remove or request the removal of the communication(s); remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use; terminate a user’s access to the Social Networking areas and/or the Site upon any breach of these Terms of Use; or monitor or disclose any communication in the Social Networking areas. Through The Gloom reserves the right to remove postings from any Social Networking area at any time and for any reason. Through The Gloom reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, Through The Gloom assumes no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities. Through The Gloom adheres to the 1998 Children’s Online Privacy Protection Act (COPPA). For more information, visit the Federal Trade Commission’s COPPA site.

6. General Practices

You acknowledge that Through The Gloom may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on the Through The Gloom’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that Through The Gloom reserves the right to remove accounts. You further acknowledge Through The Gloom reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.

7. Links to Other Sites

The Site may provide links to other websites or resources. You acknowledge and agree that the Through The Gloom has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Through The Gloom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Materials or goods available on or through any such site or resource.

8. Through The Gloom Proprietary Rights

You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by Through The Gloom, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. Through The Gloom grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Through The Gloom for use in accessing the Site.

9. Disclaimer of Warranties and Limitation of Liabilities

BY SIGNIFYING YOUR AGREEMENT TO THE TERMS OF USE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED “AS IS”. Through The Gloom, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, Through The Gloom, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. IN NO EVENT SHALL Through The Gloom, ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Through The Gloom IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Choice of Law and Jurisdiction

Through The Gloom is a limited liability corporation and is located in the United States of America. The Site is intended for the exclusive use of residents of the USA. Access to the Site may not be legal by certain persons or in certain countries outside of the USA. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the substantive laws of the State of New York, without resort to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You expressly agree that exclusive jurisdiction for any dispute related to these Terms of Use, or in any way relating to your use of the Site, resides in the courts of the State of New York.

11. DMCA Notification Guidelines

To notify Through The Gloom of alleged copyright or trademark infringement on the Site, send a notice to the address down below. Please be sure to provide ALL of the following information (it is all required by 17 U.S.C. §512(c)(3)): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringe Identification of the specific protected work that you claim is being infringed or the subject of infringing activity (if multiple copyrighted works are covered by a single notification, a representative list of such works), along with information sufficient to permit us to locate the material; identification of the material that you claim is infringing upon protected rights and that is to be removed or access to which is to be disabled (if multiple copyrighted works are covered by a single notification, a representative list of such works), along with information sufficient to permit us to locate the material Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and, if available, an electronic mail (“email”) address (and the preferred method of contact, if you have one; this statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law; a statement by you that the information in the notification is accurate and that you have the authority to enforce the rights that you claim are being infringed; upon receipt of the above information, Through The Gloom will promptly investigate and take appropriate action, then notify you of that action at the contact address you provide. We may need to contact you for more information before we take action.

Designated Agent for Notification of Claimed Copyright Infringement

Address: The IMA Group, 660 White Plains Road, Suite 630, Tarrytown, NY 10591

Email: [email protected]  

Phone: 888-852-7656