Effective May 20, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. ACKNOWLEDGEMENT AND ACCEPTANCE.
a. Welcome to www.brianpiccolofund.org (the “Site”), the web site of The Brian Piccolo Cancer Research Fund (the “Piccolo Fund”). This Site is owned and operated by the Piccolo Fund and is being provided to users of the Site (“Users”) under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by the Piccolo Fund (collectively, the “Terms of Use”). These Terms of Use govern Users’ access to and use of the Site. For the purposes of these Terms of Use, “You” or “Your” shall refer to you as a User.
b. This Site is controlled and offered by the Piccolo Fund from facilities in the United States of America and is intended for use by United States residents only. The Piccolo Fund makes no representations that the Site is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access this Site, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
c. CAUTION: READ THE FOLLOWING AGREEMENT CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BE BOUND TO THE TERMS OF USE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE.
d. NO INFORMATION CONTAINED ON THIS SITE SHOULD BE CONSTRUED AS MEDICAL ADVICE OR INSTRUCTION.
2. ACKNOWLEDGEMENT OF LICENSE GRANT AND SITE CONTENT.
a. Subject to these Terms of Use, the Piccolo Fund hereby grants You a nonexclusive, nontransferable right to (i) access the Site; (ii) access the information, materials, reports, text, graphics, images, sound files, animation files, video files and any other material made available through the Site (the “Content”) and (iii) download, print and use one copy of the Content for Your personal or internal use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms of Use and is a violation of law.
b. You will protect the Content from unauthorized copying or use. Modifications of, additions to, or deletions from the Content are strictly prohibited. Except as specifically permitted in this Agreement, You shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this Agreement or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law); or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Content. Reproduction of the Content in any form or by any means, including but not limited to information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without the Piccolo Fund’s written permission is forbidden. Upon request, You will provide the Piccolo Fund with evidence of compliance with this Section. Any special rules for the use of certain software and other Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.
c. The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by the Piccolo Fund and material owned or controlled by third parties and licensed to the Piccolo Fund. Except for Content You post to the Site, which is subject to Section 6 below, title to all Content remains with the Piccolo Fund or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by the Piccolo Fund. Any questions regarding use of the Content should be directed to sarah_finnegan@rush.edu.
3. USER CONDUCT.
a. You agree that when using the Site, You will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, You specifically agree that:
i. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
ii. You will not post information on or download information from the Site unless You have all rights and authority necessary to do so.
iii. You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Site, including but not limited to, text, graphics, audio, and video files.
iv. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of the Piccolo Fund. You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
v. You will not impersonate another person or entity, including but not limited to, a Piccolo Fund representative, or communicate under a false name or a name that You are not entitled or authorized to use.
vi. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.
vii. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
viii. You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
ix. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Piccolo Fund servers, Piccolo Fund software, or any areas of the Site not intended for Your access.
x. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by the Piccolo Fund for such purposes.
xi. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
xii. The Piccolo Fund neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of the Piccolo Fund. The Piccolo Fund has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities. The Piccolo Fund shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.
b. If You post communications or other content to the Site, You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found on the Site. The Piccolo Fund is not responsible for the consequences of any communications on the Site. The Piccolo Fund attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, the Piccolo Fund cannot and does not monitor the Site at all times and makes no guarantee with respect to Your experience. Anyone who feels that a posted message or image is objectionable is encouraged to notify the Piccolo Fund immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
c. The Piccolo Fund reserves the right (but is not obligated) to, without limitation: (i) record the communications on the Site; (ii) investigate any allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication; (iii) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the guidelines in this Section or otherwise with these Terms of Use; (iv) monitor, edit, or disclose any communication on the Site; and/or (v) edit or delete any communication posted on the Site, regardless of whether such communications violates these standards, each in the Piccolo Fund’s sole discretion.
4. MEDICAL DISCLAIMER. The Content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. The Piccolo Fund does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained at or through the Site is solely at Your own risk. In consideration for Your use of this Site, You agree that the Piccolo Fund or any other party involved in producing or delivering this Site will not be liable to You for any action or non-action that You take in reliance upon the information provided on this Site. Call Your health care provider immediately if You think You may have a medical emergency. Always seek the advice of Your physician or other qualified health provider prior to starting any new treatment or if You have any questions regarding a medical condition. You acknowledge that health care information changes continually with advances in medical research, and that this Site, which is updated periodically, may not contain the most recent, complete or useful information at the time You access the Site. You understand that the health care providers whose information is available on the Site are not the agents or employees of the Piccolo Fund.
5. PRIVACY POLICY. Information submitted by Users through their use of the Site will be treated in accordance with the Piccolo Fund’s privacy policy <link>. The Piccolo Fund will not disclose any personally identifiable information about a User unless authorized by that User or unless the Piccolo Fund is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of the Piccolo Fund; or (c) enforce these Terms of Use.
6. USER CONTENT AND ARTWORK. The Brian Piccolo Cancer Research Fund has the right to edit, accept or reject user content as it deems appropriate.
a. As a User, You may submit textual content ("User Content"). You understand that whether or not such User Content is published, the Piccolo Fund does not guarantee any confidentiality with respect to any User Content.
b. You shall be solely responsible for Your own User Content and the consequences of posting or publishing it. In connection with User Content, You affirm, represent, and/or warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Piccolo Fund to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use.
c. For clarity, You retain all of Your ownership rights in Your User Content. However, by submitting User Content to the Site, You hereby grant the Piccolo Fund a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and the Piccolo Fund’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access Your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. You understand and agree, however, that the Piccolo Fund may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by You in User Comments are perpetual and irrevocable.
d. You further agree that (i) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant the Piccolo Fund all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.
e. The Piccolo Fund does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Piccolo Fund expressly disclaims any and all liability in connection with User Content. The Piccolo Fund does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and the Piccolo Fund will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. The Piccolo Fund reserves the right to remove Content and User Content without prior notice.
7. COPYRIGHT NOTIFICATION. The Piccolo Fund does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and the Piccolo Fund will remove all Content and User postings if properly notified that such Content or User postings infringe on another's intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User posting or other Content on the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
e. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact the Piccolo Fund’s designated Copyright Agent to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Piccolo Fund’s customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
8. TRADEMARKS. The Piccolo Fund and the Piccolo Fund’s logo and other product and service names of the Piccolo Fund are trademarks of the Brian Piccolo Cancer Research Fund (the “Piccolo Fund Marks”). You agree not to display, reproduce or otherwise use in any manner the Piccolo Fund Marks without the Piccolo Fund’s prior written permission.
9. LINKS. The Site may provide links to other Web sites or resources. The Piccolo Fund is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Piccolo Fund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. The Piccolo Fund provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.
10. DISCLAIMER OF WARRANTIES.
a. THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. THE PICCOLO FUND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PICCOLO FUND MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, NOR DOES THE PICCOLO FUND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE.
b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PICCOLO FUND OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
11. LIMITATION OF LIABILITY.
a. THE PICCOLO FUND SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE PICCOLO FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THESE TERMS OF USE.
c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
12. USER FEEDBACK. The Piccolo Fund is pleased to hear from Users and welcomes Your comments regarding the Site. Please be advised, however, that the Piccolo Fund does not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send Your unsolicited ideas or any original materials to the Piccolo Fund or anyone at the Piccolo Fund. If, despite this request, You still send the Piccolo Fund Your ideas and materials, please understand that by submitting the information through this Site, You assign the Piccolo Fund, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit. We will be entitled to use any information and materials You submit through this Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to the Piccolo Fund that You have the right to do so.
13. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Piccolo Fund, its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with Your use of or access to the Site, Your violation of these Terms of Use, or Your posting of any objectionable material.
14. MODIFICATION, WAIVERS, INTEGRATION. The Piccolo Fund may modify these Terms of Use from time to time. Upon any material modification to these Terms of Use, the Piccolo Fund will post the modified Terms of Use, together with a description of the modifications made. The modified Terms of Use will be effective immediately upon its posting on the Site. Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes Your agreement to abide and be bound by such terms, as modified. Should You object to any modification, Your sole recourse is to stop using the Site. These Terms of Use may not otherwise be modified, except in a writing signed by both parties. The Piccolo Fund reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to You, and is not obligated to support or update the Site. The Piccolo Fund shall not be liable to You or any third party in the event that the Piccolo Fund exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. These Terms of Use constitutes the entire agreement of the parties with respect to the matters contemplated hereby.
15. NO RESALE OF THE SITE. Your right to use the Site is personal to You. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of the Piccolo Fund.
16. ASSIGNMENT. You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without the Piccolo Fund’s prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by You without the Piccolo Fund’s consent will be void. These Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns.
17. GOVERNING LAW, JURISDICTION, ETC. These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the State of Illinois, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the State of Illinois. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.
18. THIRD PARTIES. These Terms of Use shall confer no rights upon any other party other than the parties hereto.
19. PARTIAL INVALIDITY. The invalidity or unenforceability of any one or more Sections of these Terms of Use shall not affect the validity or enforceability of its remaining provisions.
20. SECTION HEADINGS. Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.
21. ACKNOWLEDGMENT. You acknowledge that You have read and understand these Terms of Use, and that these Terms of Use has the same force and effect as a signed agreement.
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
http://www.brianpiccolofund.org
Attention: Sarah Finnegan, Coordinator
Phone: 312.563.4953
Fax: 312.942.5581
