Terms and Conditions of Use

 

Welcome to the SurvivorNet Website (the “Website”). These Terms and Conditions of Use (these “Terms and Conditions”) constitute an agreement between you (“you” or “your”) and SurvivorNet, Inc. (“we”, “our”, “us” or “SurvivorNet”). These Terms and Conditions govern your use of the Website. The Website is designed to provide you with access to informational and educational videos created by researchers, clinicians, and scientists addressing care and treatment information for various types of cancer.

 

Last Updated: June 14, 2018

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. 

 

BY ACCESSING THE WEBSITE, YOU AGREE TO FOLLOW THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE.

 

Changes.

SurvivorNet may revise and update these Terms and Conditions at any time by posting updated Terms and Conditions to the Website, which shall apply to your use of the Website after such modifications have been posted. Please review these Terms and Conditions periodically for any updates or changes. Your continued use of the Website following the posting of any updates or changes to these Terms and Conditions will mean you accept the changes. If you object to any provision of these Terms and Conditions or any subsequent modifications to these Terms and Conditions, your only recourse is to immediately terminate your use of the Website.

 

Privacy Policy.

Please click here to read SurvivorNet’s Privacy Policy. The Privacy Policy explains how SurvivorNet collects, uses, and discloses your personal information. By accessing and using the Website, you consent to SurvivorNet’s actions with respect to your personal information in compliance with the Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the SurvivorNet Privacy Policy, these Terms and Conditions shall govern.

 

The Website Does Not Provide Medical Advice.

The materials, text, graphics, images, videos, and information and any other content obtained from SurvivorNet’s licensors, partners, or representatives or obtained on or through the Website (the “Content”) is for informational purposes only. THE WEBSITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED ON THE WEBSITE!

 

IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. SURVIVORNET DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED OR VIEWED ON THE WEBSITE. RELIANCE ON ANY INFORMATION PROVIDED BY SURVIVORNET, SURVIVORNET EMPLOYEES, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS, OR OTHERS APPEARING ON THE WEBSITE AT THE INVITATION OF SURVIVORNET, OR OTHER VISITORS TO OR USERS OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

 

Account and Passwords.

Your use of the Website may require you to obtain an account, which includes setting up a user name and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SurvivorNet password or account. It is your sole responsibility to (a) control the dissemination and use of your user name and password; (b) authorize, monitor, and control access to and use of your SurvivorNet account and password; (c) immediately inform SurvivorNet if you believe your account or password has been compromised or (d) if there is any other reason you need to deactivate a password. You may not use the account, user name, or password of any other user at any time without the express written permission and consent of the holder of such account, user name, or password.

 

Usage Guidelines.

You agree to use the Website in compliance with all applicable federal, state, and local laws, rules, and regulations. You are solely responsible for, and SurvivorNet hereby disclaims any and all liability with respect to, all data, procedures, and other information that you input into the Website and the results obtained therefrom and the accuracy and quality of the same.

 

Under these Terms and Conditions, you may not, and you may not permit others to:

(a)    Use the Website or other component elements of the Website except as expressly permitted by these Terms and Conditions;

(b)    Distribute, rent, sell, loan, lease, sublicense, or otherwise deal in the Website or other component elements of the Website in any way, or for any purpose, other than with the prior written consent of SurvivorNet;

(c)    Reverse engineer, disassemble, or decompile the Website or otherwise attempt to obtain the source code for the Website;

(d)    Adapt, copy, republish, frame, reproduce, license, transfer, sell, assign, create derivative works based on, modify or otherwise reproduce the Website, in whole or in part;

(e)    Obscure, remove, or alter any of the trademarks, trade names, logos, patent, or copyright notices or legends on the Website or in any printouts or screen captures of the Website contained therein;

(f)    Attempt to gain unauthorized access to other Website accounts, computer systems, or networks connected to any SurvivorNet server or to the Website through hacking, password mining, or any other means;

(g)    Attempt to obtain or access any data or other materials or information through any means not intentionally made available through the Website;

(h)    Use any device, software, code or routine intended to damage or otherwise interfere with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with administration and operation of the Website or other parties’ use of the Website;

(i)    Use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Website for purposes other than for a generally available search engine; or

(j)    Disclose or allow the disclosure of Protected Health Information (“PHI”), as may be defined in any applicable law, except as expressed permitted pursuant to applicable law. Notwithstanding anything else to the contrary, you will never disclose such PHI to SurvivorNet unless SurvivorNet provides prior written consent to each such disclosure event.

 

You agree that the Website may include security technology that limits your use of the Website and that, whether or not the Website is limited by security technology, any other use of the Website in violation of these Terms and Conditions may constitute a copyright infringement. Any security technology is an inseparable part of the Website. You agree not to violate, circumvent, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason or to attempt or assist another person to do so.

 

These Terms and Conditions may be controlled and monitored by SurvivorNet for compliance purposes, and SurvivorNet reserves the right to enforce these Terms and Conditions without notice to you. Violations of system or network security may result in civil or criminal liability.

 

You acknowledge that a breach of these Terms and Conditions would cause irreparable damage and harm to SurvivorNet that could not be compensated for by monetary damages. Accordingly, in the event of a breach or threatened breach of these Terms and Conditions, SurvivorNet shall be entitled to injunctive relief from a court of competent jurisdiction, without the posting of bond or other surety in addition to any other rights that SurvivorNet may have at law or in equity.

 

Intellectual Property.

The Content is protected by copyright and trademark laws in the United States and in foreign countries. The names, words, and symbols representing us are our trademarks. Users of the Website are not authorized to make any use of our marks or the proprietary marks of third parties. The Website and all Content on the Website is SurvivorNet’s property or licensed to us. Content and features are subject to change or deletion without notice in the editorial discretion of SurvivorNet. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 

You acknowledge and agree that you may be providing certain feedback, statements, suggestions, and ideas (“Ideas”) to SurvivorNet, directly or through a third party, in connection with your use of the Website, which SurvivorNet or its licensors may use in future modifications to the Website, multimedia works, and advertising and promotional materials relating thereto. In addition, you acknowledge and agree that SurvivorNet may have access to certain analytic and demographic data (“Data”) with respect to your use of the Website. In consideration of your access to the Website, you hereby irrevocably assign to SurvivorNet any and all rights, title, and interests in any Ideas and Data, including without limitation any copyright, patent right, moral right, and all other intellectual property rights.

 

Disclaimer of Warranties.

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS. SURVIVORNET, ITS REPRESENTATIVES, ITS PARTNERS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, RESULTS, WORKMANLIKE EFFORT, COURSE OF DEALING, AND TITLE.

 

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEBSITE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL ACT.

 

WITHOUT LIMITING THE FOREGOING, SURVIVORNET, ITS REPRESENTATIVES, ITS PARTNERS, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

A.   THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, COMPREHENSIVENESS OR TIMELINESS OF THE WEBSITE, CONTENT, LINKED SITES, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.

B.   THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.

C.   THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

D.   THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE WEBSITE.

 

Limitation of Liability.

IN NO EVENT SHALL SURVIVORNET, ITS REPRESENTATIVES, ITS PARTNERS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF USE OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INCURRED BY YOU OR A THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SURVIVORNET, ITS REPRESENTATIVES, ITS PARTNERS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY AND ALL DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY OTHER INTERACTION WITH SURVIVORNET. WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

SURVIVORNET, ITS REPRESENTATIVES, ITS PARTNERS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00 USD) IN THE AGGREGATE.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

User Submissions.

You agree to only post or upload images, videos, audio files, text, graphics or other media (“Media”) on the Website that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

 

To protect your privacy, you agree that you will not submit any Media that contains PHI as identified by applicable law of you or anyone else. Uploading Media of other people without their permission is strictly prohibited.

 

By uploading any Media on the Website, you represent and warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. It is strictly prohibited to upload Media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Advertising Policy, or the Privacy Policy.

 

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Website. By uploading any Media on the Website, (a) you grant to SurvivorNet a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish post, transmit and distribute the Media and any material include in the Media; (b) you certify that any person pictured in the submitted Media (or, if a minor, his/her parent/legal guardian) authorizes SurvivorNet to use, copy, print, display, reproduce, publish, post, transmit and distribute the Media and any material included in such Media; and (c) you agree to indemnify SurvivorNet and its directors, officers, employees, agents, licensors, and suppliers and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from the Media and/or your failure to comply with these Terms and Conditions. SurvivorNet reserves the right to remove any Media for any reason, at any time, without prior notice, at our sole discretion.

 

Other Sites; Third Party Content.

As a convenience to you, the Website may link to websites and access to content, products and services of third parties, including SurvivorNet’s suppliers, advertisers and other entities with which SurvivorNet’s consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. SurvivorNet does not author, edit, or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by SurvivorNet or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through the Website. You bear all risk associated with the use of the Linked Sites, third-party services and your correspondence or business dealings with businesses and advertisers other than SurvivorNet found on or through the Website. For more information on SurvivorNet’s advertising practices and policies on the Website, please click here to read SurvivorNet’s Advertising Policy.

 

Indemnity.

You agree to defend, indemnify, and hold SurvivorNet, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (a) your violation of these Terms and Conditions; (b) your violation of any rights of any third party; and (c) your use of the Website. You agree to cooperate as fully as reasonably required in the defense of any claim. SurvivorNet reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

YOU EXPRESSLY WAIVE AND GIVE UP ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY LAW OR LEGAL RULE OF SIMILAR EFFECT IN ANY TERRITORY WITH RESPECT TO THE RELEASES GRANTED BY YOU IN THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN AND UNSUSPECTED CLAIMS GRANTED IN THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Termination.

SurvivorNet reserves the right to modify or terminate your access and use of the Website (or portions of the Website) at any time, temporarily or permanently, with or without notice, at any time, and without liability to you. Upon termination, your license and other rights to the Website granted to you in these Terms and Conditions will cease upon notice from SurvivorNet. Termination, suspension, or cancellation of these Terms and Conditions or your access rights shall not affect any right or relief to which SurvivorNet may be entitled, at law or in equity. The following provisions shall survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property, Limitation of Liability, User Submissions, Other Sites; Third Party Content, Indemnity, Termination, General, Jurisdiction, and Complete Agreement.

 

General.

SurvivorNet is based in New York, New York, in the United States of America with principal offices in New York, New York. SurvivorNet makes no claims that SurvivorNet and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with SurvivorNet, or in any way relating to your use of the Website, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving SurvivorNet or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Notice and Takedown Procedures; and Copyright Agent.

If you believe any Content on or from the Website infringe your copyright, you may request removal of such Content (or access thereto) from the Website by contacting SurvivorNet’s copyright agent (identified below) and providing the following information:

 

(a)   Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

(b)  Identification of the material that you believe to be infringing and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content.

(c)   Your name, address, telephone number and (if available) e-mail address.

(d)  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.

(e)   A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

(f)   A signature or the electronic equivalent from the copyright holder or authorized representative.

 

SurvivorNet’s agent for copyright issues relating to the Website is as follows:  copyright@survivornet.com.

 

In an effort to protect the rights of copyright owners, SurvivorNet maintains a policy for the termination, in appropriate circumstances, of users and account holders of the Website who are repeat infringers.

 

Complete Agreement.

Except as expressly provided in a particular “legal notice” on the Website, these Terms and Conditions constitute the entire agreement between you and SurvivorNet with respect to the use of the Website and Content.

 

Thank you for your cooperation. We hope you find the Website helpful and convenient to use!

 

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