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Terms of Use

 

DISCLAIMER

The information, services, products, messages, and other materials contained on this website are provided for educational and informational purposes only and are not a substitute for medical advice and treatment. While we believe the information presented on this website to be accurate at the time of writing, we do not guarantee that its contents are correct, complete, or applicable to any particular individual situation. We strongly encourage individuals to seek out appropriate medical advice and treatment from their physicians.

The information, services, products, messages and other materials on this website are provided with the understanding that the San Diego Brain Tumor Foundation (SDBTF) is not engaged in rendering medical advice or recommendations.

Websites listed here are not under the control of SDBTF. Accordingly, SDBTF can make no representation concerning the content of these websites to you, nor can the fact that SDBTF has given you this link serve as an endorsement by SDBTF. The San Diego Brain Tumor Foundation is providing this link only as a convenience to you; this is to inform you that SDBTF has not verified any information or tested any software found on these websites and therefore cannot make any representations regarding the quality, safety, or suitability of any information/software found there.

TERMS AND CONDITIONS OF USE

Read the Privacy Policy

AUTHORS AND VISITORS

When you use our Service to post content you are an “Author.” When you use our Service to view general content you are a “Visitor.” The term “User(s)” may be used to refer to an Author, a Visitor, or both.

THESE TERMS OF USE MAY CHANGE

We are continually improving and adding to the features and functionality of our Service and the services we offer. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms” at the bottom of each page of our Service. Your continued use of our Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will update the “effective date” on the page. Be sure you check the effective date to see if these Terms of Use has been revised since your last visit. You may access the current version of these Terms of Use at any time by clicking the link marked “Terms” at the bottom of each page of our Service.

SUBMISSIONS

What are Submissions? In these Terms of Use, we refer to the text, photographs, images, illustrations, graphics, sound recordings, video and audio–video clips, links, and other materials Authors and Visitors post on a NBTS Website as “Submission(s).”

Restrictions on Submissions. You may not post any Submission on a SDBTF Website that:

  1. violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
  2. is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;
  3. you know (or reasonably should know) is false, deceptive or misleading;
  4. contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes, or passwords;
  5. contains “private” or “sensitive” information about any other individual, such as information about that person’s sexual conduct, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission;
  6. contains the image, name, or likeness of anyone other than yourself, unless that person is over 18 and you have first obtained that individual’s express permission;
  7. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
  9. encourages others to violate these Terms of Use;
  10. violates any applicable local, state, national, or international law; or
  11. is inconsistent with the values or the spirit of the SDBTF user community.

How to Report Abuse. Please contact us immediately of any Submission that you believe violates these Terms of Use.

License to Use Your Submissions. By posting Submissions on a SDBTF Website, you are granting SDBTF a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), distribute, and prepare derivative works based on your Submissions, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known, in accordance with these Terms of Use.

Termination of License to Use Your Submissions. The license granted in preceding section of these Terms of Use shall automatically terminate with respect to our future uses of Submissions within a commercially reasonable time after you remove (or ask us to remove) such Submissions from our Service. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed Submissions, such licenses shall not be deemed revoked as to the prior uses. In addition, such licenses shall not be deemed revoked as to any Submissions that have been transmitted to other Websites, persons, or media. Termination of this license does not terminate the license you have granted in any Ideas contained in your Submissions. In addition, termination of this license does not terminate our right to preserve, access, and disclose your Submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NBTS, its users and/or the public.

Your Warranties With Respect to Your Submissions. By posting a Submission on a SDBTF Website, you represent and warrant that the posting of your Submission on the SDBTF Website you select does not violate these Terms of Use or applicable laws.

Right, But Not Obligation, to Monitor Submissions. SDBTF does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity, or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions at our sole discretion. In addition, we reserve the right to alter, edit, or remove any Submissions, in whole or in part, at our sole discretion.

Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display, perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

Submissions Do Not Reflect the Views of SDBTF. The Submissions posted on our Service by any person, regardless of that person’s affiliation or non-affiliation with SDBTF reflect only the opinions of the person posting the Submission.

RESPONSIBILITY FOR SUBMISSIONS POSTED ON OUR SERVICE

You and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission.

Failure to comply with these Terms of Use may expose you to liability to NBTS and liability to individuals or legal entities whose copyrights or other rights have been violated.

UNDER NO CIRCUMSTANCES SHALL SDBTF OR ITS SPONSORS BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH THE SDBTF WEBSITE BY YOU OR ANY OTHER USER. Although we include strict provisions regarding Submissions in these Terms of Use, we do not control, have no obligation to monitor, and are not responsible for what Users post on or through our Service and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal Submissions you may encounter on our Service or in connection with your use of our Service. You understand that by maintaining or visiting the SDBTF Website, you or your Visitors may be exposed to Content that is offensive, indecent, or objectionable.

OTHER RESTRICTIONS ON YOUR USE OF OUR SERVICE

You may not use our Service

  1. to access (or attempt to access) areas or features of our Service for which you do not have the proper authorization;
  2. to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  3. in a manner that violates any national, state, local, or international law, rule, or regulation;
  4. for any commercial purpose, including to advertise, promote or sell products or services;
  5. to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
  6. in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Service;
  7. to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
  8. in a manner that we determine, at our sole discretion, restricts or inhibits any other user from using or enjoying our Service.

OWNERSHIP OF CONTENT POSTED BY AUTHORS AND VISITORS ON SDBTF WEBSITE

Many Authors ask us if they own the copyright for whatever they post on their SDBTF Website. The answer is “yes.” If a Submission (whether it be a blog entry, a poem, a photograph, or any other form of content) is the original work of the individual posting the Submission, then the individual posting the Submission owns the copyright for that work. This is true whether the individual is an Author or a Visitor. SDBTF does not claim any copyrights in original works created and posted by its Users. Please be aware, however, that by posting a Submission on a SDBTF Website you are granting SDBTF a license to use your Submission in accordance with these Terms of Use.

OWNERSHIP OF WEBSITE AND SDBTF CONTENT

Ownership of This Site. This Site, including all of the software and code comprising or used to operate our Service, any personalized SDBTF Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio–video clips, and other materials available on our Service (collectively, “Content”), except for your own Submissions, is owned by. No right, title, or interest in our Service, any SDBTF Website, or any Content is transferred to you under these Terms of Use.

  1.  As between you and SDBTF, SDBTF owns and reserve the copyrights in our Service, including all of its Content, except that SDBTF does not claim ownership of the copyrights in your Submissions.

Copyright License. We hereby grant you a limited license to access and use our Service, including any SDBTF Website to which you have properly gained access, and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non–commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots, or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display, or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless you first obtain our written permission. This license and these restrictions do not apply to your own Submission.

  1.  All trade names, trademarks, and service marks displayed on an SDBTF Website are the registered or unregistered trademarks of SDBTF, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Website without the prior express written permission of SDBTF or the trademark owner.

REMOVAL OF CONTENT

In General. If you would like us to remove any Submissions from our Service for any reason, please contact us. While we do not have any obligation to remove Submissions merely because of a removal request, SDBTF will review all such requests and will remove Submissions that we determine should be removed, at our sole discretion and in accordance with these Terms of Use (including our Privacy Policy) and applicable law. If you are requesting removal of Submissions due to a violation of your copyrights, please follow the procedure described in the “Violation of Copyrights/Copyright Agent” paragraph below.

Violation of Copyrights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify the Executive Director immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

  1. a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
  2. a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
  3. enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e–mail address;
  4. a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
  5. a statement that all of the information you have provided is accurate; and
  6. a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

    Your notice must be signed (physically or electronically).

 

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SDBTF actual knowledge of facts or circumstances from which infringing material or acts are evident.

OWNERSHIP OF IDEAS

DO NOT SUBMIT CONFIDENTIAL OR PROPRIETARY IDEAS TO US. DO NOT SUBMIT IDEAS TO US IF YOU EXPECT ANY FORM OF COMPENSATION. ANY IDEAS YOU CHOOSE TO SUBMIT TO US MAY BE USED BY US IN ANY MANNER WHATSOEVER WITHOUT COMPENSATING YOU IN ANY WAY AND WITHOUT OBLIGATION OF CONFIDENTIALITY. PLEASE READ THIS SECTION CAREFULLY BEFORE YOU SUBMIT ANY IDEAS TO US.

As used in these Terms of Use, the term “Ideas” refers to any feedback, suggestions, inventions, conceptions, or ideas you submit to SDBTF. The term “Ideas” does not include any Submission you post on a NBTS Website.

SDBTF does not wish to receive confidential or proprietary Ideas. All Ideas submitted to SDBTF through our Service shall be considered NON–CONFIDENTIAL and NON–PROPRIETARY.

By submitting Ideas to SDBTF through our Service, you are granting to SDBTF and its designees a perpetual, irrevocable, worldwide, non–exclusive, fully–paid up and royalty free, fully assignable, transferable, and sub-licensable license to use, exploit, modify, improve, copy, distribute, display, or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format, or medium now or hereafter known, and to authorize others to do the same. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.

RIGHT TO MODIFY OR DISCONTINUE SITE

SDBTF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice. SDBTF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.

LINKS TO OTHER SITES

An SDBTF Website, may provide links to other websites operated by third parties. Because we have no control over third–party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. SDBTF 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

DISCLAIMER OF WARRANTIES

SDBTF MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SERVICE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SERVICE. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SDBTF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, OR COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SDBTF DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SERVICE. NBTS DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT, OR STATEMENT MADE ON THIS SERVICE BY USERS, AND USER SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE, OR STATEMENT OF SDBTF.

NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL SDBTF, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, OR YOUR USE OF OR INABILITY TO USE THIS SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SERVICE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SDBTF OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NBTS, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

FUNDRAISING

As a charitable 501(c)(3) organization, SDBTF invites Users to provide charitable donations to SDBTF. Donations ensure families can use SDBTF free of charge. SDBTF will inform Users of the opportunity to donate on an SDBTF Website, within email communications and within direct mail letters. Users can opt–out of email and direct mail letter communications.

GENERAL

As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.
These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and SDBTF with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above in these Terms of Use.

CONTACT US

If you have any questions regarding this these Terms of Use, please contact us.