Out With Cancer Terms of Service and Privacy
Terms Of Service
October 10, 2007
YOU MUST BE AT LEAST 18 YEARS OLD TO RESGISTER OR USE OUT WITH CANCER.COM. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.
By using the Out With Cancer.com Web site ( Site or Service ), you are subject to and agree to be bound by these electronic Terms of Service ( Agreement ), whether or not you are a registered or subscribing member.
Malecare, Inc. owns and operates outwithcancer.com. For the purpose of this Agreement, Out With Cancer.com, Malecare, Inc. ( OUT WITH CANCER ) refers to all officers and employees of Out With Cancer.com, Malecare, Inc., its subsidiaries, successors, licensors, assigns, and affiliates. and its corporate affiliates (collectively, us , we or the Company ). This Agreement is a legally binding contract.
CODE OF CONDUCT
You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
You will not forward chain letters through the Service;
You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
You will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and
You will not use the Service to distribute, promote or otherwise publish any materials.
1. Membership. The Service provided by OUT WITH CANCER is a way for our members to correspond and meet with other adult members of OUT WITH CANCER online. You are solely responsible for obtaining and maintaining the computer equipment and Internet connections necessary to access the Site and the Service, and that access may involve third-party fees (such as Internet and e-mail service provider fees or airtime charges). You understand that OUT WITH CANCER does not screen its members or verify information provided in the application for membership or any other communication. Membership in the Service is free at this time and grants you the ability to participate in some, but not neccesarily all, of the features and services available within the Service. We reserve the right to change this policy as we see at any time. Paying and non-paying subscribers are subject to all the terms and conditions of this Agreement.
OUT WITH CANCER does not promise or represent to you that you shall meet any such persons or what the results of any meeting might be, irregardless of the level of membership or subscription chosen. OUT WITH CANCER members may post personal profiles for the purpose of contacting each other for a variety of reasons. OUT WITH CANCER has no personal knowledge of any of the members of the Service, nor does it have any responsibility for the actions of its members, nor does it exert any control over the conduct of its members, other than the right to terminate membership if it deems it appropriate to do so. OUT WITH CANCER is not responsible for the viewpoints of its members or for the content of messages posted or exchanged by its members.
Upon acceptance of this Agreement, a OUT WITH CANCER membership account ( Account ) will be created for you with the Service, granting you a unique user name and password to allow you to access your Account and the Service. Your Account is for your sole use. You may not allow anyone else to access or use your Account, and may not assign or transfer your Account to any other person or entity. You agree to immediately notify OUT WITH CANCER of any unauthorized use of your user name or password or any other breach of security of your Account.
By accepting this Agreement, you represent and warrant that if you are seeking a relationship in the categories other than friendship that you are a single individual, that is not married or legally separated from your spouse, and at least 18 years old, and that you agree to the terms and conditions stated herein and the Service s guidelines and policies posted elsewhere on the Site. You represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement, and to abide by all the terms and conditions of this Agreement.
You agree to maintain the e-mail account that you used to enter into membership with the Service, or to inform the Service of any change to your e-mail or other pertinent contact information. OUT WITH CANCER may, at its sole discretion, use that e-mail account to contact you or to alert you to changes to the site or your membership. Failure to maintain your e-mail contact account, or to accept e-mail from OUT WITH CANCER and respond if required to do so, may result in termination of your Account without refund. Membership in the Service is void where prohibited.
2. Term. This Agreement will remain in effect for as long as you use the Site and are a member of the Service. You have the right to terminate your membership with our Service at any time, for any reason or for no reason, by sending written notification to OUT WITH CANCER either by e-mail or regular mail. Upon termination by OUT WITH CANCER, we will invalidate your user name and password, and you will no longer have the right to use the Service or the Site. If you initiate membership termination, all membership, registration and/or subscription fees, as well as any other charges, are nonrefundable and will not be returned upon termination. In addition, OUT WITH CANCER has the right to terminate your membership with our Service at any time, for any reason or no reason, without explanation or written notification to you. Termination by OUT WITH CANCER may be initiated due to reasons such as, but not limited to, your breach or violation of any of the provisions of this Agreement, whether or not such breach or violation is the subject of any litigation, claim or other such proceeding and whether or not any such breach or violation is finally determined. In the event that OUT WITH CANCER elects to terminate your membership in its entirety, OUT WITH CANCER may, at its sole discretion, refund to you any accrued prorated membership, registration and/or subscription fees you have paid. However, if your membership is terminated by OUT WITH CANCER due to a breach of this Agreement, all fees paid to OUT WITH CANCER shall be nonrefundable. Following termination, OUT WITH CANCER reserves the right to send notification about your termination to other members with whom you have corresponded. (Note: At this time, there are no membership fees required to use the service).
Termination of the Agreement by either party will not affect the legal validity or enforceability of the Agreement prior to the effective date of the termination. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are viloating any of these Terms. When we are notified that a user has died, we will generally, but are not obligated to, keep the user s account active under a special memorialized
3. Rules of Conduct. Rights. The rules of conduct for members of OUT WITH CANCER are governed by the laws of the local, state, federal, and international governments, and the conventions of common sense and decency.
You agree to be respectful in your interactions with other members and staff of OUT WITH CANCER. You will not misrepresent yourself in any fashion in association with your membership, including but not limited to your profile, messages, or e-mail communications.
You agree that you will not make public your own personal information and/or the information that other members may share with you, and you will keep private your personal interactions with and feelings about other members.
You agree that you will not post, publish, or otherwise transmit negative feedback about other members, and that you will not try to communicate with any member who has specifically requested that you do not contact them.
You are exclusively responsible for anything you post, publish, or display on the Service or otherwise transmit to OUT WITH CANCER or any of the members of OUT WITH CANCER, whether publicly or privately, including but not limited to communications, photographs, graphics, video, descriptions, biographical material, messages, tags, or e-mail information ( Material ). All Material that you post, publish, display, or otherwise transmit shall be subject to all of your representations, warranties, obligations, and indemnities contained in this Agreement.
You agree to promptly report to OUT WITH CANCER any violation of this Agreement by other members.
OUT WITH CANCER reserves the right, without obligation, to review and delete any Material it deems inappropriate or in violation of this Agreement. However, OUT WITH CANCER shall not, as a regular matter of obligation, review, edit, censor, or otherwise maintain any supervisory role with regard to any Material posted by any member of the Service. You further agree that you will not modify, post, publish, display, or transmit to others:
a. Any Material that may violate the rights of any other party, including but not limited to any rights of privacy and publicity, libel, slander, copyright, trademark, or other rights, nor any Material that is inaccurate, misleading, false, obscene, abusive, offensive, racist, sexually explicit, harassing, illegal, or would promote harm to any other individual.
b. Any Material, including but not limited to any Material contained in your profile, that includes either your or any other party s telephone number, street address, last name, e-mail address, Web site address, or any other contact information, anatomical or sexual references, sexually suggestive language, or any photographs, video, graphics, or the like in any format containing nudity or personal information.
c. Any Material that is encrypted.
d. Any Material that is advertising or involves a commercial endeavor or solicitation of any commercial nature, whether for you or any other party, and whether or not considered to be spam or junk e-mail, and whether or not mailed individually or as part of a mass mailing, any Material that may be deemed to be or is a chain letter or the like. You further warrant that you will not use the Site or the Service to collect user names or e-mail addresses of members for the purpose of sending unsolicited communications.
Additionally, you understand that everyone who posts, publishes, or displays any Material to the Site or Service may own rights to that Material, and you agree that you shall not modify, copy, transmit, repost or otherwise use any such Material anywhere without prior written permission of the copyright holder of that Material. You agree to grant OUT WITH CANCER the right to store and make copies of all of your Material and other information you post. You expressly consent to allow OUT WITH CANCER all rights to use, copy, display, disclose, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works, both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason.
OUT WITH CANCER shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement to any other party. OUT WITH CANCER owns and retains all proprietary rights in the Site and the Service, including all copyrighted Material, trademarks, and other proprietary information of OUT WITH CANCER.
You further agree that you will not interrupt or disrupt or attempt to interrupt or disrupt the Service in any way, create or transmit computer viruses, nor prevent or impede any other party s access to the Site or the Service.
In no event shall OUT WITH 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, including, without limitation, bodily injury, emotional distress, property theft or damage, and/or any other damages resulting from communications or meetings ensuing from use of the Service.
4. Privacy Statement. You understand that any postings on the Site are not necessarily private and may be accessed and viewed by other parties, 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.
5. Personal Safety. You understand that meeting new people and establishing relationships via 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 OUT WITH CANCER does not screen its membership and has no responsibility for any interaction between its members.
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. Out With 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. If you think you may have a medical emergency, call your doctor or 911 immediately.
Out With Cancer is not intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Always seek the advice of a qualified provider with any questions you may have regarding a serious life condition. Never disregard professional advice or delay in seeking it because of something you have read on or from Out With Cancer.
Out With Cancer does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Out With Cancer, Out With Cancer employees, others appearing on the Site at the invitation of Out With Cancer, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are medically graphic and/or sexually explicit. If you find these materials offensive, you may not want to use our Site.
6. Limitation of Liability. OUT WITH CANCER is not the publisher of any Material posted on the Site by its members, nor is it responsible in any manner for your conduct or the conduct of any other member. You represent and warrant that you shall not seek to hold OUT WITH CANCER, nor any of its shareholders, officers, directors, agents, attorneys, or others liable in any manner for anything that may result from your or another person s use of the Site or the Service, or for your inability to use the Site or the Service. Furthermore, OUT WITH CANCER 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. OUT WITH 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 member of the Service
OUT WITH CANCER shall not be responsible for the results of meetings or correspondence between any or all other Out With Cancer users. OUT WITH 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 OUT WITH CANCER s server or any other Web hosting or other server, nor any failure of OUT WITH CANCER or any other party to provide Internet access for any period of time, nor for any cause outside of OUT WITH CANCER s control, nor for any and all other damages or costs, including but not limited to punitive damages or losses. OUT WITH CANCER will not be liable for any damages or costs in excess of the total contract price for the Service rendered herein, even if OUT WITH CANCER shall have been informed of the possibility of such damages or costs, or for any claim by any other party. The within limitation of warranties may be limited by the laws of certain states or other jurisdictions and so some of the foregoing limitations may not apply to you and you may have other rights that may vary by state, province or country. These warranties shall survive the termination of this agreement.
7. Indemnities. You shall indemnify and hold harmless Malecare, Inc., their subsidiaries, respective successors and assigns, and their licensees, partners, employees, agents, attorneys, shareholders, officers, directors, and third parties against any and all claims, demands, costs, awards, damages and the like, including but not limited to attorneys fees, that may arise from a breach or claimed breach of any of the terms of this Agreement, whether or not a breach of those warranties, representations, promises, or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any third parties including but not limited to any governmental body, whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
8. Disclaimer of Warranties. The OUT WITH CANCER Site and Service are provided on an as is and as available basis, without any warranties, express or implied, of any kind, whether as to use, merchantability, fitness for a particular purpose, or otherwise. Your use of the Service is at your own risk. OUT WITH CANCER makes no warranty that the Service will meet your requirements or expectations, or that the Service will be uninterrupted, timely, secure, or error-free. OUT WITH CANCER does not warrant or guarantee, and shall not be responsible for, the correctness or safety of any Material posted on the Site or the Service by any party, and does not endorse or support any Material posted by any party, and is not responsible for any technical problems or damage to your computer system or telephone network, or loss of data that results from any downloaded Material from the Site.
9. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
10. Trademark. The design and contents of this Site are copyrighted. You may not use or display any of the trademarks, service marks, logos, Site design, product names, or service names without prior written permission from OUT WITH CANCER.
11. Complaints. Contacts. The Service is provided by Malecare, Inc. and our e-mail is email@example.com. If you have any complaints about the Service, you may contact OUT WITH CANCER at the e-mail address and we will return your message as soon as possible. When communicating with OUT WITH CANCER, you may not be abusive, vulgar, obscene, sexually or racially offensive, threatening, harassing, or inappropriate in any manner. If OUT WITH CANCER deems your behavior toward any of our officers or employees to be inappropriate, threatening, or offensive, we reserve the right to terminate your membership immediately without refund of unused fees. Please report any violations of the Agreement to Out With Cancer.
When you visit Out With Cancer or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password
14Member Disputes. You are solely responsible for your interactions with other MySpace.com Members. MySpace.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
15Limitation of Liability for Services Provided by Sponsored Hospitals/Businesses
You understand that Out With Cancer may provide you with information about hospitals or other businesses that provide their own goods or services. Out With Cancer, any of their officers, directors, employees, agents, or information providers hereby disclaim any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the goods or services provided by any third party identified on this Site, including without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such dealers and you hereby exonerate Out With Cancer from any liability with respect to the same.
16Out With Cancer is Not Engaged in the Practice of Medicine
This Site is designed to promote communication and education regarding and concerning health care information. This Site and its sponsors are not engaged in offering any medical advice on this Site. This Site and their sponsors are not responsible for any medical information generated through chat rooms, forums, message boards, and/or news groups. This Site cannot be held responsible for the medical content of any of the sites linked from this Site. No medical information obtained through this Site should be used to diagnose or treat any health ailment or disease. Please consult your physician or health care provider if any questions arise regarding your condition. Out With Cancer expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of this Site or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold harmless Out With Cancer therefrom.
17. Support groups, peer communications, online contacts, online interchange and in person contacts carry risks, including but not limited to the risks associated with any verbal or written therapeutic contact or interventions. Out With Cancer online groups are not to be considered as professional therapy or professional support groups. You are responsible for your own mental health. Before continuing to use the Out With Cancer website and services, you agree to discuss your Out With Cancer activities with your mental health professional. By continuing to access Out With Cancer, you accept any risks associated with online contacts and agree to hold Malecare, Inc., its employees, affiliates and assigns, harmless, in perpetuity.
18. General Information. This agreement shall be subject to and interpreted under the laws of the State of New York, applicable to agreements wholly to be performed therein as well as the laws of the United States of America, where applicable. This Agreement constitutes the complete understanding between you and OUT WITH CANCER and governs your use of the Service, superseding any prior Agreements between you and OUT WITH CANCER. This Agreement shall bind and benefit each of your and OUT WITH CANCER s respective heirs, assigns, and successors in interest but any restrictions on assignment and transfer otherwise contained in this Agreement shall otherwise apply. A waiver of any provision of this Agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach of this Agreement. All remedies provided OUT WITH CANCER in this Agreement are cumulative and the exercise by OUT WITH CANCER of any remedy shall be without prejudice to OUT WITH CANCER s exercise of any other rights or remedies. Only a court of competent jurisdiction only in the State of New York shall determine any dispute arising under this agreement and OUT WITH CANCER shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this Agreement, the prevailing party shall be entitled to attorneys fees and court costs. In the event any portion of this Agreement shall be held invalid or unenforceable, it shall not affect the validity or enforceability of the rest of this Agreement. All of the provisions of this Agreement shall survive the termination of this Agreement for any reason.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
Malecare, Inc. owns and operated Out With Cancer.com, which is a social network internet service that was designed for cancer survivors, their friends, family and caregivers. We will strive to maintain your privacy and protect your information however you must understand, acknowledge and agree that we cannot completely guarantee your personal information will be anonymous and secure because regardless of our measures to safe guard your information, there are users and techniques able to access even the most sophisticated security.
What information does OUT WITH CANCER collect?
We may obtain personally identifiable information about you only if you give it to us. When you become a member or a subscriber of our Service, we may ask you for such information, including but not limited to personal, contact, and billing information, such as your full name, billing address, shipping address, telephone number, occupation, e-mail address, and demographics. We also ask for you to fill out a questionnaire to create your profile that will be posted on our website to be viewed by other registered members. This information will also help match your profile to compatible members and any identifiable personal information other than your photograph will be viewable to other members unless you chose to reveal it privately. Some of this information can be deleted or may be revised at the user s request in the members area. Out With Cancer may also delete or not publish a members profile if it does not comply with our standards.
During the membership application process, you will be asked to set up a username and password for your account at OUT WITH CANCER. You should not choose your full name as your username, because your username may becomes your identity on the Site. We ask that you do not put any personal identifying or financial information in your profile because, by doing so, you make the information public, and OUT WITH CANCER can t protect your anonymity. Of course, if you upload a photograph or video clip to your profile, that personally identifying material will be public and available for viewing by all members of the Site. To help keep your identity anonymous, other than the information disclosed in your profile, you may, but Out With Cancer is not required to assigne you a private mailbox. Out With Cancer may but is not required to notify you by email when you have message and you can log onto the Out With Cancer website to receive and send your messages. This way you may be in control of how much personal information you want to disclose with another member.
OUT WITH CANCER does not collect any information from anyone under the age of 18. Any information we collect from someone we believe to be a minor will be deleted from our database, in accordance with the Children s Online Privacy Protection Act.
What does OUT WITH CANCER do with the information?
E-mail contact information may be used to advise you about changes to our Site, Service, and policies, remind you about subscription renewals, send newsletters, product information, and third-party offers, or to notify you about potential matches. If you would rather not receive e-mail about products, promotions, or news, you may choose to unsubscribe from this Service.
Demographic and profile information is used to aid in the profile matching process of our Service, allowing OUT WITH CANCER to identify potential matches for you, as well as allowing other members to find you through a search, and contact you through your OUT WITH CANCER message mailbox or an IM.
OUT WITH CANCER will never give your personal e-mail address or contact information to another member. In addition, demographic and profile information is used to tailor your experience on our Site, providing content we think will be of interest to you, and allowing us to develop the Site and the Service for our members. IP information is also used for Site development, allowing us to see which parts of the Site members are visiting. IP addresses are anonymous and not linked to your personal information.
With the exception of any such Material that you have released for public posting, OUT WITH CANCER will never release your full name, mailing address, private e-mail address, telephone number, or any other personal information unless required by a valid court order, subpoena, government investigation, or other legitimate legal requirement. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves.
You control the flow of information. OUT WITH CANCER will share some information on an anonymous basis but we will not share, rent, sell, or otherwise release your personal information or our mailing lists. As we develop our business, it is possible that your membership and personal information may be passed to a third party in the event of a transfer of ownership or assets, as in the case of being acquired by another company, or in the case of bankruptcy.
Financial information may be released to a trusted and secure third party in order to process your credit card transactions on the Site and allow us to collect debts, including subscriptions and product purchases, and may not be used by the third party for anything other than OUT WITH CANCER s authorized purposes. Note: Out With Cancer services are free at this time.
Some of this information may be shared with third parties for advertising, promotion, and marketing purposes on an anonymous basis. Any third party retained by OUT WITH CANCER to provide services to our members is obligated to maintain the confidentiality of your information and is not authorized to use the information for any purpose other than providing the services we have agreed to.
You agree to allow us to use this information in our ongoing research and development of our Service.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is one hundred percent secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.