Terms & Conditions of Use

I. OUR BUSINESS ORGANIZATION

The following standards and practices apply to our Site, and, as stated or as the context indicates or allows, to social media services we may use to promote news and feature content and to enhance reader engagement. You give up a certain measure of your personal privacy when you join or post on social media or view or comment on, or share material posted on, social media by others. Please read the following carefully.

Pens & Needles is published by Health Desk Publishers, Inc. of Amesbury, Massachusetts, a non-profit organization established in 2018.

Pens & Needles™, the ink pen colophon, and its associated graphic images are registered trademarks and service marks.

The name “Pens & Needles,” whether in italics or not, refers to the name of the publication Pens & Needles and its web address www.pensandneedles.org (“the Site”). All Site usage and all use of our social media services are governed by the Privacy Policy, the Terms and Conditions of Use, and the business practices described herein.

Health Desk Publishers, Inc. is the sole owner of all intellectual property and work products associated with Pens & Needles, whether such work is identified as such or is apparent as the context requires or admits.

Mailing Address: 77 Elm Street,
Suite 302
Amesbury, MA 01913
Phone: (617) 993-6600
Email: editor@pensandneedles.org

II. PRIVACY POLICY

The following standards and practices apply to our Site, and, as stated or as the context indicates or allows, to social media services we may use to promote news and feature content and to enhance reader engagement. You give up a certain measure of your personal privacy when you join or post on social media or view or comment on, or share material posted on, social media by others. Please read the following carefully.

Your privacy is important to us. To protect your privacy, we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used.

The term “Upload” (whether capitalized or not) is synonymous with “download” and “store” and shall include, but is not limited to, the appearance or display, automatically or in response to any prompt, upon or within any user’s or viewer’s device or devices capable of receiving or viewing, from the first instance, by electronic communication or connection of any nature, content or Material (defined below) offered to or accessible by users and viewers of Pens & Needles and its associated social media services, whether or not such device user or viewer is capable of capturing, copying, storing, or retransmitting such Material or content.

The term “Material” (also whether capitalized or not) means all content that our editors and writers, including guest and contributing writers, create and post to our site or to our associated social media services, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, and may include reader and user comments and posts over which we exercise no prior control.

1. Collection and Use of Personal Information

When you request information, register using one of our forms, or contact us offline, we may need your specific information in order to process your registration/request and to reply promptly. We may ask you for contact information (such as your name, email, and address) and demographic information (such as your zip code or age). We also collect demographic and profile data at our site and in our databases. You may, but are never required to, furnish health-related information about yourself or people in your care if you think it will help us reply to you with timely and useful information or point you to content of particular interest to you. We use data you provide to develop and distribute content that we think readers might find useful or interesting. In general, we use identifiable information to complete a transaction, as indicated below. We do not provide your name and address or email to outside parties except with your permission and as described here. To learn more about our encryption policies, please review the section on “Protecting Personal Information” (below).

2. Links to Other Sites

This Site may provide links to other websites or resources. You acknowledge and agree that neither Health Desk Publishers, Inc., nor Pens & Needles, nor pensandneedles.org (sometimes referred to collectively as the “Site Producers”) have no control over such outside sites and resources, are not responsible for the availability of such external sites or resources. We do not endorse and are 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 the Site Producers 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.

3. Monitoring of Information

The Site Producers monitor user traffic patterns and site usage to develop the design and layout of Pens & Needles and pensandneedles.org. The Site Producers may also use the information we collect to occasionally notify you about important changes to the Site, new products or services, and special offers and information we think you will find valuable. If you would rather not receive this information, please contact us through one of the channels identified in “How to Correct or Update Information” (below).

We use one or more web analytical services including Google Analytics to analyze traffic to the Site. Google Analytics does not maintain individual profiles for visitors, nor does Google Analytics collect data that might identify the individual visitor. Google Analytics only collects aggregate data. Click here for more information about the Google Analytics privacy policy.

Reader behavior information is also collected when a user interacts with the Site online. We use this information solely to improve content and design. We may also use this information to provide you special offers and information we think you will find valuable. As is explained below, you can always opt out of receiving commercial messages.

4. Protecting Personal Information

When you place orders or access your account information, you connect to us through a secure server. This secure server software, SSL (Secure Sockets Layer), encrypts all information you input before it is sent to us. Furthermore, all of the user transactional data we collect is protected against unauthorized access with the use of digital certificates.

5. Collection of Personally Identifiable Information and Cookies

We collect standard information, by way of a cookie, to help us evaluate how our Site is being used. A cookie is a small uniquely identifiable text file that is stored on your machine. A cookie collects information that is used for statistical purposes and does not identify you in any way. Our Site uses cookies to keep track of your visit and to make sure you don’t see the same content repeatedly. We use cookies to deliver information specific to your interests and to allow you to save your password so you don’t have to re-enter it each time you visit our site.

Most web browsers automatically accept cookies, but you can change your browser settings to prevent that. Even without accepting cookies, you can still use most of the features offered on the Site. The Site Producers may provide aggregate statistics about our users, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personal identifying information.

6. Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. We adhere to the 1998 Children’s Online Privacy Protection Act (COPPA). For more information, visit the Federal Trade Commission’s COPPA site.

Parents and legal guardians are encouraged to contact the publisher Health Desk Publishers, Inc.

Mailing Address: 77 Elm Street,
Suite 302
Amesbury, MA 01913
Phone: (617) 993-6600
Email: compliance@pensandneddles.org

at any time regarding privacy questions or concerns relating to minor children. Parents and legal guardians may also contact us at any time to request that we delete a child’s email information and/or refuse to permit the child’s further access to the Site. We will take steps to ensure that any person contacting us for a child’s information is that child’s parent or guardian.

7. Email Guidelines

The Site Producers do not send unsolicited commercial email to individuals with whom they do not have consent/permission or a pre-existing or current business relationship. We provide all email recipients with a clear, easy, and effective method to unsubscribe to any and all online communications.

8. Corrections and Updates

We welcome your questions and comments about this Privacy Policy, about our publication, and about your experience using the Site.

Mailing Address: 77 Elm Street,
Suite 302
Amesbury, MA 01913
Phone: (617) 993-6600
Email: editor@pensandneedles.org

III. TERMS AND CONDITIONS OF SITE AND SOCIAL MEDIA USE

The following standards and practices apply to our Site, and, as stated or as the context indicates or allows, to social media services we may use to promote news and feature content and to enhance reader engagement. You give up a certain measure of your personal privacy when you join or post on social media or view or comment on, or share material posted on, social media by others. Please read the following carefully.

In consideration of and as a condition of your use of the Site, you agree to the following Terms and Conditions of Use and the Privacy Policy.

1. Medical Information Disclaimer; Content and Reporting

The material provided in the Pens & Needles Site is produced and written for educational purposes, and to further dialogue about the social, political, and physical realities of life with a chronic condition. It is provided with the understanding that Pens & Needles does not give medical advice or recommendations. You may not rely on any information in text files, messages, or articles on the Site, or in our social media postings, in place of, in contravention of, or to replace consultations with or advice of qualified health care professionals to meet your individual medical needs.

IF YOU ARE EXPERIENCING A HEALTH, SAFETY, OR MEDICAL EMERGENCY, abandon viewing this site and dial 911 or summon emergency medical help immediately.

Materials published by Pens & Needles are for personal and non-commercial use of Site visitors. All content is copyrighted without further notice. Permission to reprint or reproduce any content in part or in its entirety is expressly prohibited, unless with written consent granted by Health Desk Publishers, Inc., the copyright holder.

To obtain permission from Pens & Needles for other than personal use, email editor@pensandneedles.org. We produce original content, and we also report culture, science, and medical care news gathered from a variety of sources in preparing our news and feature stories for publication. We may attribute non-original content to its source through summary or direct quotation. We describe with each article we publish the qualifications of our staff writers and freelance or guest contributors who author content. The nature of the material covered in our reporting is such that mention of brand names or references to products and services commercially available and relating to nutrition, fitness, and medical care and treatment is sometimes inevitable, though infrequent. Our staff writers have no commercial affiliations with manufacturers, vendors, or professional service providers to whom mention is made in our reporting. When we deem it appropriate, we may state so in the body of an article, in a sidebar, or an editorial note. Affiliations, if any, of a freelance or guest contributor with a product, organization, or service are disclosed.

2. Identity of Publisher and Editorial Contact Information

Pens & Needles and pensandneedles.org are owned and published by Health Desk Publishers, Inc., with a principal office at 77 Elm Street in Amesbury, MA 01913. The principal editorial contact is Audrey Farley, PhD, Editor-in-Chief. Email address: afarley@pensandneedles.org. Jim Cahill is our news editor. Email address: jcahill@pensandneedles.org.

3. Webmaster

Notify the webmaster at webmaster@pensandneedles.org if you experience difficulty navigating the Site.

4. Funding Sources and Sponsorship

Our sources of revenue are grants-in-aid by organizations that support health, society, and policy journalism; personal donations; and sponsorships provided by organizations that wish to reach our audience. Sponsorship messages are not advertising and may not assume or mimic the appearance of our editorial content without the words SPONSORED CONTENT in distinctive and prominent type accompanying the content.

Neither Pens & Needles nor pensandneedles.org endorses or has a financial interest in any sponsor’s commercial activity. We do not accept sponsorship support from any organization for any product or service that we believe, after exercise of due diligence, suggests or makes claims about health, dietary, or fitness benefits that are scientifically unsupported, or from any source whose commercial reputation cannot be established. Nor do we accept sponsorship from persons or organizations that in our sole and exclusive judgment harm or demean individuals living with chronic conditions.

5. External Links

Pens & Needles and pensandneedles.org operate a social media aggregation service that from time to time displays content from other web sites and blogs related to illness. Many external sources are used in the preparation of our articles. Whenever possible, we include links to the original sources of the material reproduced through the aggregation process or in text or used as sources for articles.

6. Use of the Site and Associated Social Media

You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other Materials are the sole responsibility of the person or entity from which such Materials originated. This means that you, and not Pens & Needles, 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, consequently, 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 you may consider offensive or objectionable. Under no circumstance will Health Desk Publishers, Inc., Pens & Needles or pensandneedles.org be liable in any way for any Materials, including, but not limited to, 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 or any social media services to: upload any Materials that are (i) unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or (ii) impersonate any person or entity, including, but not limited to, a Pens & Needles representative, or misrepresent your affiliation with a person or entity, or (iii) any Material 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, or any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or (iv) any Material that contains software viruses or the like, or (v) promote the products or services of any entity (even if you disclose your affiliation). You understand and agree that Pens & Needles does not pre-screen Materials, but that we and our designers shall have the right in our sole discretion to refuse or remove any Materials posted to the Site.

Pens & Needles and its respective agents and representatives, both individually and collectively, make no representations with respect to Site contents and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular use, application or purpose. See also statuary warrant of disclaimers in paragraph 12.

The compilation of information on the Pens & Needles Site, including, but not limited to, the design, layout and organization, is also copyrighted and may neither be reprinted nor electronically reproduced. Content and Materials authored by editorial and writing staff of Pens & Needles are copyrighted effective as of the time of their creation, whether or not accompanied by copyright notice. However, content may be cited and reproduced within the limits of the privilege of fair use, as defined under applicable U.S. and Massachusetts copyright and publishing law, provided without financial remuneration or gain to the party exercising such privilege of fair use.

7. Termination of Use

You agree that Health Desk Publishers, Inc. in its sole and absolute discretion, may terminate your reader account or your use of the Site, and remove and discard any Materials within the Site, for any reason. Health Desk Publishers, Inc. may also in its sole and absolute discretion and at any time discontinue the Site, or any part thereof, with or without notice. You agree that any termination of your access may be effected without prior notice, and you acknowledge and agree that Health Desk Publishers, Inc. may immediately deactivate or delete your account and all related information and files in your account and further bar you from any further access. Further, you agree that Health Desk Publishers, Inc. shall not be liable to you or any third-party for any termination of your access.

8. Our Use of Uploaded Materials

If you Upload Materials via the Site (either by offering suggestion via e-mail or participating in any interactive opportunities available on this Site), such information shall be considered non-confidential, and Health Desk Publishers, Inc. shall have no obligation therefore of any kind with respect to such Material, and shall be free to use any ideas, concepts, or information contained in such Material without any obligation to you and for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. In addition, you grant Health Desk Publishers, Inc. a perpetual, world-wide, royalty free and non-exclusive license with respect to your Materials to use, distribute, exhibit, publish, republish, 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 Health Desk Publishers, Inc. and its incorporators, directors, officers, agents, subsidiary and constituent organizations, employees, and its staff writers 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. Health Desk Publishers, Inc. retains, and may exercise without notice to you, the right to turn over any materials if requested to do so by any public authority having lawful power to demand or request the same.

Writers offering Material as guest or contributing writers should contact the editors prior to submission to make appropriate copyright and licensing arrangements.

9. Social Networking Media and Content

Information or images including videographic content posted or shared within any social media account associated with Pens & Needles are not routinely screened or reviewed prior to appearance. These social media services are offered to you to share personal experiences, connect with other Site visitors, and discuss anything relevant to the management and treatment of illness. It is strongly recommended that patients and their caregivers consult with a qualified professional medical provider regarding their health condition before undertaking any treatment(s) for any medical conditions. Pens & Needles cannot and shall not be held liable for any recommendations made by users and visitors to our Site. If you are aware of a copyright violation, or of posting of unreliable or questionable material, please contact editor@pensandneedles.org.

By using any one of more of the social networking services (“Social Networking Services”), you signify your agreement to the Site Terms and Conditions of Use.

Your privacy is important to us. To better protect your privacy, we provide a separate and detailed notice explaining our online information practices and the choices you can make about the way your information is collected and used. By agreeing to these Terms and Conditions of Use, you also have signified your agreement with and acceptance of the Pens & Needles Privacy Policy.

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 carried on any Social Networking service.

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 utilizing a Social Networking service, 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 through social networking or media may not be reliable, and it is not a good idea to make any decisions based solely or largely on information you cannot confirm. Pens & Needles shall not and cannot be responsible for the content or accuracy of any information presented or exchanged via social media, and shall not be responsible for any decisions made based on such information.

Health Desk Publishers, Inc. reserves the right (but is not obligated) to do any or all of the following.

  • Investigate an allegation that any communication does not conform to the Terms and Conditions of Use or editorial standards of Pens & Needles, and determine, in its sole and absolute 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 and Conditions of Use;
  • Terminate a user’s access to the Social Networking areas and/or the Pens & Needles Site upon any breach of these Terms and Conditions of Use; or
  • Monitor or disclose the source(s) of any communication in the Social Networking areas. Health Desk Publishers, Inc. reserves the right to remove postings from any Social Networking area at any time and for any reason and the right to take any action it deems necessary to protect the personal safety of its Site guests or the public. However, Health Desk Publishers, Inc. disclaims all liability or responsibility to users of the Pens & Needles Site or any other person or entity for performance or nonperformance of the aforementioned activities.

10. General Practices

You acknowledge that Health Desk Publishers, Inc. 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 page or file space that will be allotted on Pens & Needles 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 Health Desk Publishers, Inc. reserves the right to block or disable access or terminate accounts. You further acknowledge that the Pens & Needles reserves the right to change these general practices and limits at any time, in its sole and absolute discretion and without notice.

11. Links to Other Sites

The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that Pens & Needles 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 Pens & Needles 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 or services offered or promoted on or through any such site or resource.

12. 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 law. You further acknowledge and agree that Materials contained in sponsor posts or information presented to you through the Site my be protected by copyright, trademark, patents, or other proprietary and intellectual property law, custom, or convention. Except as expressly authorized in writing by Health Desk Publishers, Inc. 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. You agree not to access the Site by any means other than through the interface that is provided by Health Desk Publishers, Inc. or its contractors for use in accessing the Site.

13. Statutory 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”. HEALTH DESK PUBLISHERS, INC., 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, HEALTH DESK PUBLISHERS, INC., 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 HEALTH DESK PUBLISHERS, INC., ITS AGENTS OR 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 WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTH DESK PUBLISHERS, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Choice of Law and Jurisdiction

Pens & Needles is a wholly owned proprietary publication of Health Desk Publishers, Inc. and is produced in and distributed from 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 and Conditions of Use are governed by the laws of the Commonwealth of Massachusetts. If any provision of these Terms and Conditions 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 and Conditions of Use. You expressly agree that exclusive jurisdiction to adjudge any dispute with Health Desk Publishers, Inc. or in any way relating to your use of the Site, rests in the courts of the Commonwealth of Massachusetts.