TERMS OF SERVICE (Effective Date: AUGUST 6, 2018)
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You” or with “Your”) AND STAND UP TO CANCER, A DIVISION OF THE ENTERTAINMENT INDUSTRY FOUNDATION, A 501(c)(3) CHARITABLE ORGANIZATION AND STAND UP TO CANCER CANADA, A CANADIAN REGISTERED CHARITY (REG. #80550 6730 RR0001) (referenced herein as “SU2C”) THAT APPLIES EACH TIME YOU USE OR ACCESS OUR WEBSITES LOCATED AT STANDUPTOCANCER.ORG AND STANDUPTOCANCER.CA , AND SU2C’S ONLINE SHOP AT WWW.SHOPSU2C.ORG OR ANY MOBILE OPTIMIZED OR SOCIAL MEDIA PAGE VERSION THEREOF (referenced herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (“TOS”) AS THEY GOVERN YOUR USE OF THE SITE.
1. License Grant. This TOS provides to You a personal, revocable, non-commercial, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Site conditioned on Your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
2. Restrictions. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy (in any way, including scraping), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site.
3. User Obligations. You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. Individuals under the age of eighteen (18) (or the legal age of majority) may utilize the Site only with the involvement and acceptance of this TOS by a parent or legal guardian and then solely under such parent or legal guardian’s supervision. In addition, You agree to abide by all applicable local, state, territorial, provincial, national, and international laws and regulations with respect to Your use of the Site. You access the Site on Your own volition.
4. Proprietary Rights. This TOS provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that SU2C transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. Except as expressly provided herein, SU2C does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. This Site and its contents are Copyright © 2008-18 Stand Up to Cancer, a Division of the Entertainment Industry Foundation and/or its licensors. All rights reserved. SU2C also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. “Stand Up To Cancer” and all other names, designs, logos, and icons identifying SU2C and its programs, events, solutions, or services are proprietary trademarks of SU2C, and any use of such marks, including, without limitation, as domain names, without the express written permission of SU2C is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. Donors; Donations. By donating money through the Site, You represent and warrant that You are authorized to make such payment and use the payment method selected, and You authorize SU2C (or our third party payment processor) to charge Your payment method for the total amount of Your donation. You acknowledge and agree that SU2C makes no representation as to whether or not Your donation is personally tax deductible or eligible for tax credits. You further acknowledge and agree that: (a) all donations to SU2C support SU2C’s collaborative cancer research programs and donations may not be further restricted to any particular purpose; (b) designated donations and any applicable transaction fees will be charged to the credit or debit card or other payment method You designate; (c) all payments will be processed through SU2C’s designated third party payment processor, and SU2C does not directly collect or store Your credit card information; and (d) all processed donations may be final and non-refundable.
7. Feedback. SU2C welcomes Your feedback and suggestions about SU2C, SU2C services, or how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to SU2C, You represent and warrant that You own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, when You submit Feedback, You irrevocably assign all right, title and interest in the Feedback to SU2C; and waive in favor of SU2C, its successors and assigns any and all moral rights that You have or may have in the Feedback and agree to provide SU2C such assistance as it may require to document, perfect, and maintain SU2C’s rights to the Feedback. Without limiting SU2C’s ownership rights to the Feedback described in this paragraph, You also agree that SU2C may use such Feedback in any manner and in any medium.
8. Communications. From time to time, the Site may offer users the ability to post content or otherwise communicate or submit materials such as comments, remarks, responses, suggestions, ideas, graphics, opinions, photos, or other information (referenced herein as a “Submission(s)”). Additionally, if You choose to make a donation in honor or in memory of an individual, SU2C may allow You to send a digital or physical card or message to another individual (referenced herein as a “Message(s)”). Any Submission or Message You provide should reflect Your own honest opinions, findings, beliefs or experience. Personal medical information is often highly sensitive information. As such, SU2C asks that You be very careful in Your selection of what information You choose to include in Your Submissions or Messages. You also agree that You will not upload, post, display, transmit or otherwise send any of the following in any Submissions or Messages:
- statements or material that defames, harasses, abuses, stalks, threatens, discriminates, intimidates, or in any way violates the rights of others;
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of SU2C;
- statements or material that misrepresents Your affiliation with any entity and/or SU2C;
- anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any medical information or other personally identifying information of another individual;
- statements or materials that are unlawful;
- statements or material that constitutes junk mail, spam, or unsolicited or unauthorized commercial electronic messages, advertising or promotional materials;
- statements or material that are “off-topic”; or
- files that contain malicious code, viruses, or any other similar software or programs that may harm or damage another’s computer, network, or the Site.
By sending a Message, You represent and warrant that You have all necessary rights to send the content of the Message and the consent of the recipient to that Message. You acknowledge and agree that You, and not SU2C, are the sender of such Message, and SU2C acts merely as a delivery agent on Your behalf.
By posting a Submission, You provide SU2C with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable, transferrable, assignable and unlimited license to use, reproduce, transmit, perform, display, sublicense, and create derivative works of Your Submission in connection with the Site and for any lawful purpose, and You waive in favor of SU2C, its successors and assigns any and all moral rights that You have or may have in the Submission. You represent that You have all necessary rights to make the Submissions available to SU2C.
Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your Submission to be collected through or appear on the Site, SU2C has not become and is not necessarily a publisher of Your Submission and is merely functioning as an intermediary to enable You to provide and display Your Submission.
You also acknowledge that SU2C has no control over the extent to which any idea or information may be used by any party or person once You post or display it to a public area of the Site (or permit such posting or display, including through the sending of a Message).
9. Without limiting the foregoing, You also agree not to harvest or otherwise collect, use or store any information (including personal information) about other users of the Site, including e-mail addresses, without the express consent of such users. No Pre-Screening of Submissions or Messages. SU2C is not responsible for screening or editing Your or another user’s Submissions or Messages and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission or Message. Moreover, SU2C does not endorse, oppose, or edit any opinion or information provided by You or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other user. Nevertheless, SU2C reserves the right to delete or take other action with respect to Submissions (or parts thereof) or Messages that SU2C believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to SU2C or its affiliates, volunteers, services, or goodwill. If You become aware of a Submission or Message that violates these rules regarding acceptable behavior or content, You may contact SU2C as provided below.
10. Funding Opportunities. SU2C promotes cancer research, and, from time to time, may invite You to respond to Calls for Ideas (CFIs), Requests for Proposals (RFPs) or otherwise apply for research grants through the Site (collectively referenced herein as the “Funding Opportunity(ies)”). By submitting any content or materials (collectively referenced herein as the “Proposal(s)”) in response to a Funding Opportunity, You hereby grant SU2C and its partners the right to use, review, and share Your Proposal. You acknowledge and agree that Your Proposal is subject to and will conform to the specific requirements and terms set forth in the Funding Opportunity. You are solely responsible for rights clearance and accuracy, and You hereby represent and warrant that You own all rights, title, and interest in or to the Proposal or have the full right, power and authority to grant the rights granted herein. You also represent and warrant that You are not aware of any investigation, claim, or litigation involving the Proposal; the Proposal does not violate or infringe the rights of any other party or the laws or regulations of any government or judicial authority; the Proposal is accurate to the best of Your knowledge, and the Proposal does not include any libelous, defamatory, or unlawful materials. Nothing herein shall be construed as obligating SU2C or its partners to review, select, use, accept, or otherwise fund Your Proposal.
11. Copyright; Designated Agent for Notification of Claims of Infringement. SU2C respects the intellectual property of others, and asks its users to do the same. Accordingly, it is SU2C’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and, in particular, the Digital Millennium Copyright Act (the “DMCA”). Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating any rights to access and use the Site. If You believe that one or more of Your works have been copied in a way that constitutes copyright infringement, please provide a written notice of Your claim of copyright infringement that is directed to SU2C’s Designated Agent as specified below along with the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description, in reasonable detail (including any applicable URL address), of the copyrighted work that You claim has been infringed;
- A description, in reasonable detail, of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your written notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Designated Agent: Senior Vice President of Operations
Stand Up To Cancer, a division of the Entertainment Industry Foundation
10880 Wilshire Boulevard, Suite 1400, Los Angeles, California 90024
Counter notification, as permitted by applicable law and, in particular, the DMCA, may be sent to the SU2C’s Designated Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. If You fail to comply with the requirements above, Your notice may not be effective. Please be aware that if You knowingly misrepresent that material or activity on this Site is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
12. Links to Other Websites. SU2C may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, opportunities, products, and/or services and to provide access to the social media network groups with which SU2C participates. These sites, and especially any social media network group, are maintained by third parties over which SU2C exercises no control. Accordingly, SU2C expressly disclaims any responsibility whatsoever for the content on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
13. Other Terms and Conditions. Additional notices, terms, and conditions apply to certain aspects of the Site, including, but not limited to, the purchase of merchandise. You agree to abide by such other notices, terms, and conditions as applicable.
14. Clinical Trials. Through the Site, SU2C helps serve as an intermediary to connect interested individuals with EmergingMed, a service that endeavors to assist and guide individuals through the search and referral process for clinical trials. Use of EmergingMed is subject to EmergingMed’s Terms and Conditions, available at app.emergingmed.com/emed/terms. EmergingMed is a third-party service provider and is not affiliated with SU2C in any way. If You connect with EmergingMed, or any other third party through the Site, Your ensuing relationship is solely between You and that third party.
15. No Medical Advice. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION THEREIN, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
16. Disclaimer. SOME JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SU2C’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.IF YOU USE THE SITE TO CONNECT WITH ANY THIRD PARTY, YOUR CORRESPONDENCE AND/OR ENSUING RELATIONSHIP ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. SU2C WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST SU2C ARISING FROM OR IN RELATION TO YOUR RELATIONSHIP WITH ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO 1) ANY INTERACTIONS (INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE OR OPINIONS) OR 2) RECEIPT OF ANY SERVICES (INCLUDING, BUT NOT LIMITED TO MEDICAL TREATMENT OR PARTICIPATION IN CLINICAL TRIALS).
THE INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SU2C HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AND CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE OF THE U.S. SU2C ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.
17. Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE SU2C AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND SU2C’S CONTROL INCLUDING, BUT NOT LIMITED TO, YOUR CORRESPONDENCE OR ENSUING RELATIONSHIP WITH A THIRD PARTY. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SU2C OR SUCH OTHER PERSONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, LOSS OF DATA, OR THE FAILURE TO STORE ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, EXTRACONTRACTUAL LIABILITY, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SU2C OR SUCH OTHER PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF SU2C FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED $100 (US).
18. Governing Law. Except where prohibited by law, which may include the Province of Quebec, this TOS shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof.
19. Enforcing Security on the Site. SU2C wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of SU2C’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. In order to maintain security, SU2C reserves the right to view, monitor, and/or record activity on the Site. Such recorded activity is subject to review by law enforcement organizations. SU2C will also comply with all court orders or subpoenas involving requests for information to the extent it is required to comply under applicable law. SU2C reserves the right at any time when warranted to suspend or terminate operation of or access to the Site or any portion of the Site.
20. Injunctive Relief. You agree that SU2C shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that SU2C post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to SU2C to enforce any provision of this TOS.
21. Term & Termination. This TOS will take effect (or re-take effect) at the moment You indicate (e.g., check the box certifying) that You agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever action is earliest. SU2C reserves the right at any time and on reasonable grounds to deny Your access to the Site or to any portion thereof and this TOS will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the Site will reapply this TOS (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in Your possession. The provisions concerning Submissions, SU2C’s proprietary rights, Feedback, disclaimers, limitations of liability, governing law, waiver and severability, and injunctive relief will survive the termination of this TOS for any reason.
22. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
23. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and SU2C as a result of this TOS or Your utilization of the Site. This TOS represents the entire agreement between You and SU2C with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and SU2C with respect to the Site. You may not assign or transfer any rights under this TOS without the prior written consent of SU2C. Except where restricted by law, which may include the Province of Quebec, please note that SU2C reserves the right to change the terms and conditions of this TOS by posting a revised TOS or mailing and/or e-mailing notice thereof to You. In addition, SU2C may add, modify, or delete any aspect, program, or feature of the Site, but SU2C is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review this TOS on a periodic basis.
24. Language. The parties have expressly requested and required that this TOS and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tos les documents qui s’y rapportent soient rédigés en anglais.