Date of Last Revision: December 1, 2009
Terms of Use of KnowCancer.com
Welcome to KnowCancer.com, an online community that provides support to people directly or indirectly affected by cancer! KnowCancer.com’s network and services (collectively, the “Services”, the “Website” or the “Site”) are conducted and administered by The Just Because, LLC. For the purpose of this Agreement KnowCancer.com and/or The Just Because, LLC refers to all officers and employees, its subsidiaries, successors, licensors, assigns, affiliates, and its corporate affiliates (collectively, “us”, “we”, “Know Cancer”, or the “Company”). The “Content” of this website is defined as any and all human–perceivable audio and/or visual elements of this Site, created or owned by Know Cancer, or user generated content, whether or not commissioned by Know Cancer, including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, personal medical information, and other information made available through the Site
This Terms of Use (“Terms” or “Agreement”) sets forth the legally binding terms for your use of KnowCancer.com. By using this Website, you signify that you have read, understand and agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Content of the Website) or you are a "Member" (which means that you have registered and created an account with KnowCancer.com); the term "User" refers to a Visitor or a Member. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree to these Terms, please leave the Website and discontinue use immediately.
Know Cancer reserves the right, in its sole discretion, to change, modify, add or delete portions of this Terms of Use at any time without prior or further notice. If we do this, we will post the changes to the Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.
KnowCancer.com does not provide medical advice!
The Contents of this website is for informational purposes only. We do not recommend that you use KnowCancer.com as a substitute for professional medical advice, treatment advice, or treatment recommendations. Always seek the guidance of a licensed health professional for any questions that you may have regarding a medical issue. Do not disregard professional medical advice or delay seeking medical advice or treatment because of something you read or see on this Website.
Know Cancer does not endorse any physicians, treatments, opinions, or other Content found on the Site. If you chose to rely on any information found on KnowCancer.com, you do so solely at your own risk.
Eligibility
Users under the age of 13 are not allowed to register and become a Member of KnowCancer.com or access KnowCancer.com Content without the express permission of their parent or legal guardian. If you are under the age of 18 you cannot represent yourself as 18 or older and if you are over 18 you cannot represent yourself as under the age of 18. Membership in the Service is void where prohibited.
User Information and Member Account
Each User agrees that any information that they provide Know Cancer with or contribute to KnowCancer.com will be truthful, accurate and not misleading to the best of the User’s knowledge. You are free at any time and for any reason to discontinue use of the Service and to remove any information provided to Know Cancer.
Upon becoming a Member of the Service, you shall receive a password and an associated account. You are solely responsible for maintaining the confidentiality of such password (or modifying such password) and account. Any person accessing the Website under your ID, including yourself, shall be the User of your membership. You are responsible for all Users under your ID that use the Website and for preventing the unauthorized use of your ID. You must ensure that Users under your ID comply with the Terms of Use.
You shall immediately notify Know Cancer of any unauthorized use of the Member’s account or other breach of security. Know Cancer is not responsible for such unauthorized use and makes no warranties as to the correction of such unauthorized use. You may not use your password for any unauthorized purpose. If Know Cancer reasonably believes that your ID is being used in any way which is not permitted by this Terms of Use agreement, the Company reserves the right to suspend access rights immediately without notice and to block access from your ID.
User Content, Conduct, and Responsibilities
Each User shall use KnowCancer.com solely for lawful purposes.
As a User, you agree that any Content you disclose to the Company which includes sensitive information relating to any person other than yourself, has been specifically authorized by that person, as have the terms in which the disclosure is made. You are entirely responsible for any disclosure made by the Company to any other party where such disclosure has been instructed or authorized by you or on your behalf.
By posting Content to any part of KnowCancer.com, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, any other rights of any person or any laws or rules promulgated or enforced by the Food and Drug Administration, Federal Trade Commission, or any other state or federal agency. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Site.
A User shall not post, provide or otherwise make available any material of any sort (including member information, such as names and usernames, postings and other publicly viewable information) that: (a) is defamatory or libelous or would violate or infringe in any way upon the rights of others,?(b) is protected by copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, without the express permission of the owner of such right,?(c) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, or would give rise to criminal or civil liability of any kind whatsoever,?(d) is illegal or promotes illegal activity,?(e) is deliberately false or misleading,?(f) is indecent, pornographic, obscene, objectionable or offensive,?(g) promotes bigotry, racism or hatred,?(h) is threatening or abusive or promotes physical harm or violence against any individual or group,?(i) violates any laws regarding unfair competition, anti-discrimination or false advertising, or?(j) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Know Cancer reserves the exclusive right to establish and modify the criteria for what constitutes offensive or objectionable content. It is impossible for Know Cancer to know whether a posting represents a copyright or other infringement. The provider of any Content is responsible for ensuring that such Content does not violate any existing copyright or trademark.
You understand that any postings on the Site are not necessarily private and may be accessed and viewed by all Users, including non-members of the Service. Therefore you agree that you will not post any personal and/or contact information that you would not want to be publicly available.
A User shall not engage in any conduct that, as determined in Know Cancer’s sole and absolute discretion, inhibits any other User from using or enjoying the Service. Each User agrees not to harass, threaten or make any other objectionable communication with any person who is part of KnowCancer.com and further agrees to cease such conduct at the request of either Know Cancer, the person to whom the conduct is targeted, or applicable government authorities.
You understand that meeting new people and establishing relationships by way of the Service requires taking normal precautions to ensure your safety. Those may include, but are not limited to, meeting in public places, informing friends or family of your whereabouts, checking with mutual friends, Internet search options, and otherwise using common sense to protect yourself and your property. You agree that you are solely responsible for protecting yourself and your personal and financial information, and that Know Cancer does not screen its Users and has no responsibility for any interaction between its Users.
If you use a Public Area, such as a chat room, message boards, blogs or other Member communities or forums, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Know Cancer and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
For more information on Social Networking Safety visit:
http://www.onguardonline.gov/topics/social-networking-sites.aspx
http://www.onguardonline.gov/topics/safety-tips-tweens-teens.aspx
Each User agrees not to use the Service or the information provided in the Service to solicit any person listed therein or to send "junk mail" or "spam" to any such person. Further, each User agrees not to sponsor or list as a contact any person they do not know, any person who has explicitly informed them that they do not wish to participate in the Service, or any other person who the User knows would be offended or annoyed by being asked to participate in the Service.
Each User agrees not to reproduce, duplicate, copy, sell, resell, redistribute, exploit for any commercial purpose or publish the information provided on KnowCancer.com (including the underlying code that constitutes the Website), or sell, resell or redistribute any software downloaded from the Website, without obtaining the express, prior written consent of Know Cancer. This restriction includes any attempt to incorporate the information contained in the Website into any e-mail or other "white pages" directory. Such information includes the names, e-mail addresses and other personal information provided by the Members of KnowCancer.com and any other Users of the Service.
Each User agrees not to use any automated means to download or reconstruct the information contained in the Service or compiled by Know Cancer.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of KnowCancer.com. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
Know Cancer’s Rights and Limitations of Liability
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate access of any User to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. Know Cancer also reserves the right to record all dialogue in public areas and remove, monitor, and edit any and all User Content regardless of whether they are in violation of this Agreement.
Know Cancer makes no warranties of any kind regarding KnowCancer.com, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warrant that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
Know Cancer is not the publisher of any Content posted on the Site by Users, nor is it responsible in any manner for your conduct or the conduct of any other User. Know Cancer has no personal knowledge of any of the Users of the Site, nor does it have any responsibility for the actions of its Users, nor does it exert any control over the conduct of its Users, other than the right to terminate membership if it deems it appropriate to do so. Know Cancer is not responsible for the viewpoints of its Users or for the Content posted or exchanged by its Users.
Know Cancer will not be held responsible for any claims arising out of or related to your access or use of, or your inability to access or use, this Website or the Content contained in this Website or other websites to which it is linked. In no event will Know Cancer or the contributors of Content to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on the Content of this Site or for any consequential, special or similar damages. In no event shall Know Cancer be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Service.
Know Cancer is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. The Company does not recommend and does not endorse the content on any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Know Cancer does not endorse any product, service, or treatment advertised on the Website. The Company shall not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third-party advertisers, or resulting from the presence of such advertisers on the Service. Know Cancer shall not be liable for any acts or omissions by any party, including but not limited to the acts or omissions of any other User.
Know Cancer shall not be responsible for the results of meetings or correspondence between any or all other KnowCancer.com Users. Know Cancer shall not be liable to you or any other party for any direct or indirect compensatory, special, incidental, or consequential damages or costs of any character, including but not limited to damages or costs for personal injury of any sort, disease or illness of any sort, copyright infringement, trademark infringement, patent infringement, libel, slander, invasion of privacy, interference with the rights of publicity, loss of goodwill, loss of data, lost profits, work stoppage, computer failure or malfunction whether as a result of viruses or otherwise, nor for failure of Know Cancer’s server or any other Web hosting or other server, nor any failure of Know Cancer or any other party to provide Internet access for any period of time, nor for any cause outside of Know Cancer’s control, nor for any and all other damages or costs, including but not limited to punitive damages or losses.
Each User hereby agrees to defend, indemnify and hold harmless Know Cancer from and against any and all liability including expenses relating thereto, such as reasonable attorneys’ fees, relating to or arising from such User’s violation of the Terms of Use Agreement or from such User’s use, misuse or abuse of the Service.
The Company does not warrant or guarantee in any way the continued or proper functioning of the Website and in any event shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond the reasonable control of the Company and which prevents the Company from performing its obligations to you as a Member or to the Members generally or their Users.
Contributions
Any Content, questions, comments, suggestions, ideas, feedback or other information ("Contributions"), provided by you to KnowCancer are non-confidential and shall become the sole property of Company. Know Cancer shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and distribution of these Contributions for any purpose, in any way, in any media worldwide without acknowledgment or compensation to you
Privacy Policy and Medical Disclaimer
Be sure to read Know Cancer’s Privacy Policy and Medical Disclaimer, which are incorporated into this Agreement by this reference.
Copyright Complaints
If you believe any Content on the Site infringes your copyright, please contact Know Cancer’s Copyright Agent at copyright@knowcancer.com. Be sure to include the following information:
- A description of the copyrighted work that you believe to be infringed and a copy or location (e.g., URL) of an authorized version of the work if possible.
- A description of the material that you believe to be infringing and its location. Please provide us with its URL and any other information that will allow us to locate the material.
- Your contact information, including name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement indicating that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner’s behalf that the information that you have provided is accurate.
- An electronic signature from the copyright holder or authorized representative.
Complete Agreement
This Terms of Use Agreement is accepted upon your use of the KnowCancer.com. This Agreement constitutes the entire agreement between you and Know Cancer regarding the use of the Site. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Complete Agreement
This Agreement constitutes the entire agreement between you and Know Cancer with respect to the subject matter of this Agreement. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Know Cancer reserves the right, in its sole discretion, to change, modify, add or delete portions of this Terms of Use at any time without prior or further notice. If we do this, we will post the changes to the Agreement on this page and will indicate at the top of this page the date these terms were last revised. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes. Your acceptance of these changes is assumed unless you contact Know Cancer and specify otherwise.
If you have any questions about the Terms of Use, please contact legal@knowcancer.com
