MyStJohnsMercyChild.org
Terms of Service

Thank you for visiting MyStJohnsMercyChild.org, an online community that allows people to share their stories about their experiences with St. John’s Mercy Children’s Hospital.  St. John’s Mercy Health Care and/or its affiliates (referred to as “St. John’s” or “we” or “us”) provides this website to you subject to the following conditions.  If you are under 18 years of age, please read this agreement with your parent or guardian.

By using this website, you agree to be bound by these Terms of Service and to use the site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein. Accessing this site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of this site, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the site after we post any such changes, you accept the Terms of Service, as modified.

Rights and Restrictions Relating to Site Content 

Your Limited Right to Use Site Materials.  This website and all the materials available on the site are the property of MyStJohnsMercyChild.org and/or our affiliates or licensors, and may be protected by copyright, trademark, and other intellectual property laws. This site is provided solely for your personal noncommercial use, except as otherwise permitted under these Terms of Service.   Any reproduction, retransmission, distribution or republication of all or part of any images, text, and other materials found on this site is expressly prohibited, unless MyStJohnsMercyChild.org has expressly granted its prior written consent.  All other rights are reserved. This site is intended to be maintained in a manner consistent with United States copyright laws.

All trademarks, service marks and logos referred to or appearing on this site are the property of their respective owners. The names, trademarks, service marks and logos of St. John’s  or any site sponsor appearing on this site may not be used in any advertising or publicity, or otherwise to indicate sponsorship of or affiliation with any product or service, without the express written permission of St. John’s or the particular site sponsor, as applicable.

Our Right to Use and Disclose Materials You Submit or Post.  You understand that your submissions may become public, and whether or not your submissions are published, St. John’s guarantees no confidentiality with respect to your submissions.  When you submit or post a video via the site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or username, as we deem appropriate.  You will receive no compensation of any kind for the use of any materials submitted by you.

When you submit or post a video, you represent and agree: (i) that you have read and agree to abide by our Terms of Service and Privacy Policy  (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of any adult or legally emancipated minor pictured in any video you post or submit; (iv) that you are making your posting or submission with the express consent of the parent or guardian of any minor pictured in any video you post or submit; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you are 18 years of age or older, a legally emancipated minor, or, if you are age 13-17 you have the express consent of your parent or guardian to do so.  Children under age 13 must have their parent or guardian make any desired posts of submissions on their behalf. You also grant us a license to use the materials you post or submit, as described above under the header "Rights and Restrictions Relating to Site Content."

Responsibility for what is posted on this website lies with each user — you alone are responsible for the material you post or send.  However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.  Content that is deemed inappropriate includes but is not limited to:   sexually explicit material, violent material, hate speech, and unlawful use of copyrighted material.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these

Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any user submission or other content 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):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 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 the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; 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 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.

St. John’s designated Copyright Agent to receive notifications of claimed infringement is:

St. John’s Mercy Health Care                                                                                                                              
Office of Legal Counsel                                                                                                                                                  
645 Maryville Centre Drive, Suite 100                                                                                                                   
St. Louis, MO  63141                                                                                                                                           
Telephone:  314.364.3382                                                                                                                                         
E-Mail:  john.howard@mercy.net

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

If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature; identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; your name, address, telephone number, and e-mail address; a statement that you consent to the jurisdiction of the federal court in St. Louis, Missouri; and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, St. John’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against you as the user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days after receipt of the counter-notice, at St. John’s sole discretion.

 

Modification or Discontinuation of the Site 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site, or any portion thereof, with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any portion thereof.

Disclaimers

You understand that when using the website you will have the opportunity to view submissions by other users and that St. John’s is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions.  You agree that you personally bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of that content.

Warranty Disclaimer

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES AS TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ST. JOHN’S MERCY HEALTH CARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT MYSTJOHNSMERCYCHILD.ORG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless St. John’s, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MyStJohnsMercyChild.org website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MyStJohnsMercyChild.org website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by St. John’s without restriction.

Other

These Terms of Service, together with our Privacy Notice, constitute the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that may be provided through this website. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. These Terms of Service will be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law.  If any part of these Terms of Service is ruled to be unenforceable by a court of competent jurisdiction, then such part shall be eliminated or limited to the minimum extent necessary.  The remainder of these Terms of Service, including any revised portion, shall remain and be in full force and effect.  The failure of St. John’s to exercise or enforce any Term will not constitute a waiver of such Term.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the MyStJohnsMercyChild.org website or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

St. Louis MyStJohnsMercyChild.org
Privacy Policy

This Privacy Policy outlines the types of information that St. John’s Mercy Health Care and/or its affiliates (referred to as “St. John’s” or “we”) gather about you while you are using this website, and the ways in which we use and share this information.  Please read this Privacy Policy carefully.  By visiting and using this site, you agree that your use of our site, and any dispute over our online privacy practices, is governed by this Privacy Policy and our Terms of Service. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we will post the revised Privacy Policy on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use this site after we post any such changes, you accept the Privacy Policy as modified.

Types of Information We Collect

We may collect and store information, including personally-identifiable information (such as your name or email address) or other information that you voluntarily supply to us while on our site.  Some examples of this type of information include information that you electronically submit when you upload content or contact us with questions.

We also collect and store non-personally identifiable information that is generated automatically as you navigate through the site.  For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the site. We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the site.  We also may use web beacons or other technology to access cookies and to count users who visit the site or open HTML-formatted email messages.

This information may be collected directly by us, or it may be collected by a third-party website hosting provider, or another third-party service provider, on our behalf.

How We Use the Information We Collect

We use the information we collect from you while you are using the site in a variety of ways, including, for example, to send you email updates and other communications, customize features and advertising that may appear on the site, deliver our site content to you, measure site traffic, measure user interests and traffic patterns, and improve the site and the services and features offered via the site.

In addition, we may use any information submitted by or collected from you via the site for any purpose related to the site, including to contact you for customer service purposes, to inform you of important changes or additions to our site or the services offered over our site, and to send you administrative notices and any other communications that we believe may be of interest to you.

Please be aware that we may occasionally release information we have collected about our visitors and registered users if required to do so by law or if, in our business judgment, such disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce our Terms of Service; or (c) to protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Information You Post to Our Site

Please keep in mind that personal information or other private information you make available for viewing by other users or third parties online can be seen, collected and used by others besides us.  We cannot be responsible for any third-party use of such information.

Special Note to Parents and Guardians

The Children’s Online Privacy Protection Act of 1998 (COPPA) governs how information is gathered online and how it is used when communication is received from children under the age of 13.  Although St. John’s Mercy Children’s Hospital is a nonprofit organization and is not subject to COPPA, we take children’s privacy and safety very seriously.  We require that children under age 13 have their parent or guardian make any desired posts or submissions on the child’s behalf.  Should you discover your child under age 13 has submitted personally identifiable information on this website without your knowledge or assistance, then you may submit a written request to the webmaster of this website, asking to have the information deleted or refuse to allow any further collection of use of your child’s information.

Questions Regarding Privacy

If you have any questions about this Privacy Policy, please send them to:  webserv@stlmo.mercy.net.