Welcome to the “Aetna Healthy Food Fight” Website located at www.healthyfoodfight.com (“Website”). This Website is made available by the Aetna Life Insurance Company (“Aetna,” “we” or “us”).
AUTHORIZED USE AND DESCRIPTION OF THE WEBSITE.
USER CONTENT DOES NOT REFLECT THE OPINIONS OF AETNA, ITS EMPLOYEES OR AFFILIATES, AND AETNA DOES NOT ENDORSE ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY ANY USER OR THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO.
User Content must adhere to the following requirements and CANNOT:
- Contain any material (including any intellectual property) belonging to third parties, including, without limitation, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items (collectively, “Third Party Materials”) unless you have the explicit prior written permission from such third party to use any such Third Party Materials;
- Be sexually explicit or suggestive; graphically, gratuitously or unnecessarily violent; defamatory or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contain nudity or any materially dangerous activity;
- Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message;
- Defame, misrepresent or disparage Aetna or any third party, including, without limitation, Aetna's or such other party's products, services or business;
- Advertise or promote any brand or product of any kind (other than Aetna's products), without permission;
- Contain any personally identifying information, such as license plate numbers, personal names, telephone numbers, e-mail addresses or street addresses;
- Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without explicit prior written permission;
- Be in violation of any law, or depict any materials or images that are in violation of any law;
- Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo or poker, or any other form of solicitation.
User Content is stored in third party servers. You may request the deletion of your User Content from such third party servers at any time by contacting us at firstname.lastname@example.org. However, we cannot guarantee that such deletion will result in the removal of your User Content from any third party sites, including without limitation, the Social Media Sites.
The Website is intended for persons older than 18 years. If you live in a state where the explicit consent of a parent or legal guardian is required if you are under the age of 21, you may be required to secure such consent prior to submitting a Submission or other content to the Website.
Unauthorized Use of the Website:
You agree not to use the Website for illegal purposes and you agree to comply with all applicable laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright law. Unauthorized use of the Website includes, but is not limited to:
- Collecting usernames and/or email addresses of other users for any purposes whatsoever;
- Criminal or tortious activity, including, without limitation, child pornography, fraud, harassment, libel, invasion of privacy, trafficking in obscene material, spamming, sending of viruses or other harmful material, infringement of copyright or other intellectual property rights;
- Attempting to impersonate another user or any other third party;
- Using any Aetna trademarks, service marks, logos, names or other intellectual property owned by Aetna without Aetna's prior written consent;
- Posting or transmitting any content that is unlawful, defamatory or libelous or that otherwise could constitute a criminal offense or encourage conduct that would be considered a criminal offense or violation of any other applicable law or give rise to civil liability;
- Violating any proprietary rights of any person or entity.
You acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Website and agree that you will not hold Aetna responsible or liable and shall release Aetna from any liability related to any User Content submitted by you, accessed by you or related to your use of the Website.
You hereby grant to Aetna, its subsidiaries, affiliates and agents, a perpetual, worldwide, irrevocable, exclusive, sub-licensable, fully-paid, royalty-free license to use, redact, reproduce, publish, crop, adapt, edit, copy, modify, create derivative works of, perform, display, distribute or otherwise exploit your User Content and/or all other intellectual property contained therein, alone or with other materials, in any medium now known or hereinafter developed, for any commercial or non-commercial purposes in Aetna's sole discretion without any compensation paid to you and without further approval from you. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory.
Your use of this Website is at your own risk. The information, materials and services on the Website are provided to you “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. We make no representation or warranties as to any material or information posted on the Website or that your use of content posted on or material otherwise made available through this Website will not infringe the rights of third parties.
Without limiting the foregoing, we do not guarantee the accuracy, completeness or usefulness of any content made available through the Website.
We disclaim all responsibility for any damage to your computer system or loss of data that results from your use of the Website.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE EITHER DIRECTLY OR INDIRECTLY TO YOU OR ANY THIRD PARTY FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE, AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $100.00.
Digital Millennium Copyright Act: We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follow
By E-Mail: DMCANotice@Aetna.com
By Mail: Aetna
Intellectual Property & Technology
151 Farmington Avenue RW61
Hartford CT 06156
United States of America:
Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.