Social Media Terms & Conditions of Use

Last Updated May 2019

The following Social Media Terms and Conditions of Use (“Terms”) describe Pella Regional Health Center’s (“PRHC”) social media standards.

Please take a few minutes to review these Terms and our Privacy Policy, which is part of these Terms. Your use of any of  PRHC’s social media pages or accounts, including but not limited to social media pages, blogs, bulletin boards, video sharing sites, microblogging sites, networks, multi-media and news media sites or other user-generated content sites (“PRHC Pages”) constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms, then do not use any PRHC Pages.

By accessing, viewing and/or posting any content related directly or indirectly to PRHC on any PRHC Page, you accept, without limitation or qualification, the following Terms.

1. Revisions to Terms. PRHC reserves the right, in its sole discretion, to change these Terms at any time. You will be notified of material changes to the Terms via a notation next to the link to the Terms stating that the Terms are new/modified and the date on which they were updated. By continuing to use a PRHC Page after such changes are posted, you agree to be bound by the changes.

2. PRHC Content. All of the content posted or provided on a PRHC Page created or provided by PRHC (the “PRHC Content”) is intended solely for personal, noncommercial use. Except as stated below, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the PRHC Content, without first obtaining written permission from PRHC. No right, title or interest in any downloaded materials is transferred to you as a result of downloading. PRHC reserves complete title and full intellectual property rights in any PRHC Content you download from any PRHC Page.

3. Joining a PRHC Page. To access certain features or submit Licensed Content (as defined below) to some of the PRHC Pages, you must join a PRHC Page by clicking a “Like” button, “Follow” button or similar indication of interest. When you click such a button, we have access to certain information about you (see our Privacy Policy for further information). By clicking such a button, you consent to receive both commercial and non-commercial communications from PRHC via the relevant social media or other website. PRHC takes steps to protect your information, as detailed in the Privacy Policy; however, it is your responsibility to ensure that you use appropriate privacy settings on social media sites and protect your account information and the security of your computer and passwords.

4. Content You Post. You may submit comments, questions, photographs, videos and other content (the “Licensed Content”) on certain PRHC Pages. In most cases, you do not need to submit any such materials in order to access a PRHC Page. By submitting any such materials to a PRHC Page, you represent and warrant that you have the legal right to make such a submission and that you own all right, title and interest in and to the submitted material. If you submit any materials in which you do not own all right, title and interest, these materials may be removed from the PRHC Page. If you do so repeatedly, you may be permanently barred from the PRHC Page in PRHC’s sole discretion. You further represent and warrant that you have the permission of any individuals depicted in photographs, videos or recordings that you submit to the PRHC Page to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to PRHC.

5. License to Content You Post. If you submit any Licensed Content, you hereby grant a non-exclusive, royalty-free, perpetual right and license to PRHC and its affiliates, successors and assigns to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the Licensed Content in any format on the PRHC Page and in other materials provided in any medium, forum or format, for any purpose of PRHC and its affiliates, successors and assigns in their sole discretion. You also agree that immediately upon the creation by or on behalf of PRHC or its affiliates, successors and assigns of any derivative works from, modifications, edits or other changes to the Licensed Content (the “Modified Content”), the Modified Content will become the sole and exclusive property of PRHC. You agree that PRHC will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by PRHC and its affiliates in their sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest you have or may be deemed to have in and to the Modified Content to PRHC.

6. Comments/Suggestions. PRHC welcomes your comments and suggestions. However, except for any personal information we may collect from you pursuant to our Privacy Policy or Licensed Content, any material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to a PRHC Page or to PRHC (“User Submissions”) will be considered non-confidential and non-proprietary. User Submissions shall become the exclusive property of PRHC and can be used by PRHC for any purpose without compensation to you.

7. Restrictions on Use of PRHC Pages. You must be at least 18 years old to post any content on any PRHC Page. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. If you are a PRHC employee, your use is governed by the PRHC Social Media Policy. All users are prohibited from:

   1. posting any content regarding patient information that could be used alone or in combination with other information to identify the patient, including but not limited to the following: patient name, image of the patient (even if no name is attached to the image), date related to the patient, etc., on any PRHC Page;

   2. using a PRHC Page to provide medical advice or medical commentary by non-PRHC physicians;

   3. using a PRHC Page to make, recommend or increase referrals to physicians who are not employed by PRHC;

   4. violating or encouraging others to violate any local, state, federal and international laws and regulations, including but not limited to copyright, intellectual property, and privacy laws;

   5. posting photos, videos, or other likenesses of any person without that person’s prior permission;

   6. transmitting any material (by uploading, posting, email or otherwise) that could be viewed as unlawful, threatening, false, infringing, defamatory, discriminatory, pornographic, profane, abusive, harassing, tortuous, obscene, libelous, disparaging of patients, PRHC employees, contractors, or PRHC’s competitors (examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or PRHC policy);

   7. posting information or rumors that you know to be false about PRHC, PRHC employees, contractors, or competitors of PRHC.

   8. impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

   9. transmitting 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;

   10. transmitting any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

   11. transmitting (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising (including advertising of non PRHC services or products), promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;

   12. making commercial offers of any kind to our followers who you have located via a PRHC Page or due to their affiliation with a PRHC Page, whether by advertising, solicitations, links, or any other form of communication;

   13. making any kind of mass mailing to all or a large group of our followers who you have located via a PRHC Page or due to their affiliation with a PRHC Page for any reason;

   14. transmitting any material (by uploading, posting, email or otherwise) that contains software viruses, worms, disabling code, or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

   15. damaging, disabling, overburdening, or impairing a PRHC Page or interfering with any other party's use of a PRHC Page;

   16. collecting or storing, or attempting to collect or store, personal data about third parties without their knowledge or consent;

   17. representing or suggesting that any online content you post is endorsed by PRHC;

   18. sharing confidential pricing information of any party;

   19. posting or transmitting any personal information or information sufficient to locate a minor on a PRHC Page; or

   20. tagging photos or other content without permission from the individual being tagged (PRHC does not permit the tagging of photographs or videos that include minors).

8. Blocking Users/Compliance with Legal Orders. PRHC reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any PRHC Page, at any time, without notice and for any reason and at its sole discretion. PRHC may remove, delete, block, filter or restrict by any other means any materials at PRHC’s sole discretion. You understand and agree that PRHC may disclose your communications and activities with PRHC in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of PRHC rights. You agree that in the event that PRHC exercises any of its rights hereunder for any reason, PRHC will have no liability to you.

9. Copyrights and Trademarks. The PRHC Content, including, for example, all page headers, images, illustrations, graphics, audio clips, video clips, and text not provided by the social media site or other users is subject to trade dress, copyright and/or other intellectual property rights or licenses held by PRHC, by its affiliates or by third parties who have licensed their material to PRHC. The entire PRHC Content of this PRHC Page is protected under U.S. copyright laws, and PRHC owns a copyright in the selection, coordination, arrangement and enhancement of the PRHC Content. PELLA REGIONAL HEALTH CENTER, the Pella Regional Health Center Logo, HEALTHY HELEN, and the Healthy Helen image are trademarks of PRHC or its licensors.

10. Infringement. If you are a copyright owner or an agent thereof and believe that any Licensed Content, Modified Content or other content on the PRHC Page infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the PRHC Page are covered by a single notification, a representative list of such works on the PRHC Page;

3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

Billie Rhamy
Public Relations
Pella Regional Health Center
404 Jefferson Street
Pella, Iowa 50219
641-621-2358
brhamy@pellahealth.org

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

11. Links. Many links from PRHC Pages lead to external resources (“External Sites”), which are maintained and hosted by third parties, over which PRHC has no control and is in no manner responsible. PRHC recommends that you read the terms of use and privacy policies of such External Sites. References on a PRHC Page to any names, marks, products or services of third parties or links to third party pages do not necessarily imply an endorsement, sponsorship or recommendation of the third party, information, product or service. PRHC does not endorse and does not make any warranties or representations about any External Sites you may access through a PRHC Page. If you decide to access any of the External Sites linked from a PRHC Page, you do so entirely at your own risk. Third parties may link to a PRHC Page, but may not imply any sponsorship by or affiliation with PRHC unless they have entered a separate agreement signed by both PRHC and the third party.

12. Your Responsibility. You expressly acknowledge that you assume all responsibility related to the security, privacy and confidentiality risks inherent in accessing, viewing and/or posting any content on any PRHC Page. By its very nature, a website and the internet cannot by absolutely protected against intentional or malicious intrusion attempts. PRHC 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, therefore, PRHC does not warrant any safeguard against any such interceptions or compromises to your information. When posting any content on a PRHC Page, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family. Furthermore PRHC does not endorse any product, service, views or content displayed on any PRHC Page.

13. DISCLAIMERS. PRHC HAS ATTEMPTED TO MAKE ITS PRHC CONTENT AND THE PRHC PAGES AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE PRHC CONTENT AND THE PRHC PAGES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE PRHC PAGES OR THE INFORMATION, PRHC CONTENT, OR MATERIALS INCLUDED ON THE PRHC PAGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRHC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRHC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON PRHC PAGES IS ACCURATE, COMPLETE OR CURRENT OR THAT PRHC PAGES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. PRHC IS NOT RESPONSIBLE FOR AND DOES NOT COMMIT TO MONITORING THE LICENSED CONTENT ON PRHC PAGES. THEREFORE, THE LICENSED CONTENT IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRHC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRHC DOES NOT REPRESENT OR WARRANT THAT THE LICENSED CONTENT ON THE PRHC PAGE IS ACCURATE, COMPLETE OR CURRENT.

14. LIMITATION OF LIABILITY. PRHC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM PRHC PAGES, ITS SERVICES OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE).

15. INDEMNIFICATION. YOU SHALL DEFEND, INDEMNIFY, AND HOLD PRHC AND ITS CORPORATE AFFILIATES AND THEIR 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 ATTORNEY’S 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 OR USING A PRHC PAGE; ANY VIOLATION OF THESE TERMS; ANY ACTIVITY RELATED TO YOUR INTERNET ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING A PRHC PAGE USING YOUR INTERNET ACCOUNT; FROM ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY A PRHC PAGE; FROM YOUR PROPERTY POSTED ON A PRHC PAGE; OR FROM YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS IN ANY POSTING TO OR TRANSMISSION VIA A PRHC PAGE.

16. Enforcement of Terms and Conditions. You agree that any claim or dispute relating to your posting of any content on a PRHC Page shall be construed in accordance with the laws of the State of Iowa without regard to its conflict of laws provisions and you agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Iowa.  PRHC’s failure to enforce any of the provisions of these Terms does not constitute a waiver of these Terms.
    
    Last revised: May 2019.