St. Mary Medical Center Social Media Site User Agreement
BY POSTING ON ANY ST. MARY HEALTH SYSTEM INTERNET SOCIAL MEDIA SITE YOU AGREE TO THE TERMS SET FORTH IN THIS SOCIAL MEDIA SITE USER AGREEMENT ("AGREEMENT").
1. If you are a St. Mary Colleague you are expected to also adhere to St. Mary’s Social Media Policy.
2. You must be at least 18 years old to post any content on a St. Mary Social Media Site.
3. You are prohibited from posting any content that is proprietary, confidential or contains any personal health information (including patient images) on any St. Mary Social Media Site without appropriate written approval from St. Mary and providing St. Mary with all requested documentation.
4. Nothing here is intended as medical advice. Information posted here should not be used in place of professional clinical expertise. Therefore, by participating, you agree that St. Mary shall not be responsible for information provided herein under any theory of liability or indemnity.
5. You are prohibited from using the St. Mary social media sites to provide medical advice or medical commentary by non-St. Mary physicians, or to use the St. Mary social media sites to make, recommend or promote the services of any non-St. Mary physicians.
6. As a guest posting content to a St. Mary Social Media Site, you agree that you will not: violate any local, state, federal and international laws, rules, or regulations, including but not limited to privacy, security, confidentiality, copyright and intellectual property rights laws regarding any content that you send or receive via any Social Media Site; transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, an invasion of another's privacy, hateful or racially, ethnically or otherwise objectionable as solely determined in St. Mary’s discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising (including advertising of non-St. Mary services or products), promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; transmit any material (by uploading, posting, email or otherwise) that contains software viruses, worms, disabling code, 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; harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge and consent; or to share confidential or proprietary information of any party.
7. St. Mary reserves the rights to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue access to any St. Mary Site, at any time, without notice and for any reason and in its sole discretion. St. Mary may remove, delete, block, filter or restrict by any other means any materials in St. Mary’s sole discretion. As a public forum, you understand and agree that St. Mary may disclose your communications and activities with St. Mary for any and all reasons, including, but not limited to: in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of St. Mary’s rights. You agree that in the event that St. Mary exercises any of its rights hereunder for any reason, St. Mary will have no liability to you.
8. By posting content on a St. Mary Social Media Site, you recognize that the forum is public and that the posted information becomes public.
9. You shall defend, indemnify, and hold St. Mary and its respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to a St. Mary Social Media Site, any third party claims of infringement or any breach of this Agreement.
10. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET. By its very nature, a website and the Internet cannot be absolutely protected against intentional or malicious intrusion attempts. St. Mary does not control the third party sites and the Internet over which you may choose to send confidential personal or health information or other content and, therefore, St. Mary does not warrant any safeguard against any such interceptions or compromises to your information. When posting any content on a Social Media site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family.
11. FURTHERMORE, ST. MARY DOES NOT ENDORSE ANY PRODUCT, SERVICE, VIEWS OR CONTENT DISPLAYED ON THE ST. MARY SOCIAL MEDIA SITE.
12. This Agreement and your use of any St. Mary Social Media site shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law rules. All disputes directly or indirectly related to this Agreement or any St. Mary Site shall be litigated solely in the state and federal courts sitting in the County of Bucks in the Commonwealth of Pennsylvania and no other place, and you hereby agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
13. You may not provide any content to a St. Mary Social Media Site that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use the St. Mary Social Media Site to link to any sites or political candidates or parties or use the St. Mary Social Media Site to discuss political campaigns, issues or for taking a position on any legislation or law.
14. ANY ST. MARY SOCIAL SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ST. MARY AND ANY THIRD PARTIES MENTIONED ON ANY ST. MARY SOCIAL MEDIA SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ST. MARY SOCIAL MEDIA SITE OR ANY SITE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY ST. MARY SOCIAL MEDIA SITE OR ANY SITE CONTENT IS TO STOP USING THE ST. MARY INTERNET SITE AND/OR THE SITE CONTENT.
15. If you link to any St. Mary Internet Site, you agree to comply with St. Mary's following linking agreement:
St. Mary Linking Agreement
Links may be text-based using the words, such as "St. Mary Medical Center" or "StMaryHealthcare.org" (the "Licensed Marks"). You may not use the St. Mary logo as a link. By linking, you acknowledge and agree that, other than as set forth herein all rights to the Licensed Marks, other St. Mary marks, the content appearing on the St. Mary site, and the design of the St. Mary site belong to St. Mary.
You may not create frames around St. Mary's web pages or use other techniques that alter in any way the visual presentation or appearance of the St. Mary website.
You must not misrepresent your relationship with St. Mary or present false or misleading impressions about St. Mary. No links to St. Mary's website may be used in a manner that implies or suggests that St. Mary approves or endorses you, your website or your goods and services. You may not use our logo on internal or external websites or on social networking sites such as Facebook,Twitter, or YouTube without St. Mary's specific prior written authorization.
St. Mary shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend St. Mary against all claims arising out of or based upon your website.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
St. Mary may at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the St. Mary website. In such event upon request, you agree to immediately remove all links to St. Mary's website and to cease using the Licensed Marks.
16. THIS AGREEMENT MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES A ST. MARY SOCIAL MEDIA SITE, THE NEW AGREEMENT WILL GOVERN USAGE, EFFECTIVE UPON POSTING. To remain in compliance, St. Mary suggests that you review the Agreement, as well as the other website policies, at regular intervals. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Agreement.
17. If you have any questions, please e-mail the St. Mary Marketing & Communications Department at firstname.lastname@example.org