Terms of Use – Children's Brain Tumor Foundation

TERMS OF USE

IMPORTANT– THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE CHILDREN’S BRAIN TUMOR FOUNDATION (HEREINAFTER, “CBTF” OR “WE” OR “OUR” OR “US”), THE OWNER OF THE WEBSITE LOCATED AT WWW.CBTF.ORG (HEREINAFTER, THE “WEBSITE”). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”) BECAUSE YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS. WE ARE WILLING TO LICENSE AND ALLOW YOUR USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TOU. IF YOU DO NOT AGREE WITH THESE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. THESE TERMS OF USE MAY BE CHANGED OR UPDATED BY CBTF FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THE WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

Intellectual property rights

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of CBTF. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CBTF. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of CBTF or their respective owners.

Copyright

Except as otherwise expressly stated, all Content and information appearing on this Website – including all webpages and messages – are the copyrighted work of either CBTF, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and information is also the exclusive property of CBTF, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of CBTF, or any applicable third-party suppliers or authorized users.

CBTF License Grant

These TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access the Website solely for your own personal use. Your use the Website and any Content, Resources or information made available through the Website is conditioned on your continued compliance with the terms and conditions of these TOU. Accordingly, you expressly acknowledge and agree that CBTF transfers no ownership or intellectual property interest or title in and to CBTF.

Reservation of Rights

CBTF reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Website or to comply with applicable law. CBTF shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.

Additional Acknowledgments.

You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of CBTF Website. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with CBTF Website is solely at your own risk. While CBTF has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from CBTF Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, CBTF is not responsible for the security of any information transmitted to or from the Website.

Payments and Payments Processing; Rules for All Payments

You can make an online donation to CBTF. CBTFhas engaged the services of third party payment service provider(s) to process all donation/payment transactions. CBTF is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and CBTF is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, CBTF expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that CBTF shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s)will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with them.

You hereby acknowledge and agree that for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us at info@cbtf.org.

Prohibited Use/Activities

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Website, including any sent messages – will not be, or alleged to be:

unlawful, unauthorized, fraudulent or malicious in purpose;
false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
an invasion another’s right of privacy or publicity;

In addition, you agree you will not:

violate any applicable local, state, national or international law;
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or in any way;
modify or make derivative works based upon the Website;
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Website;
interfere with or disrupt the integrity or performance of the Website or the data contained therein, or attempt to gain unauthorized access to the Website or its related systems or networks.

CBTF will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that CBTF has no obligation to monitor your access to or use of the Website – or any messages, content or images that may be posted – but has the right to do so for the purpose of operating the Website and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

THIRD PARTY WEBSITE

The Website provides links to a variety of third-party social media sites and/or websites as a service to you, and in order to provide you additional information and/or content related to CBTF. Additionally, many of the Resources that we provide are administered by third parties, or involve connecting with individuals or groups who have no affiliation with CBTF. As such, we cannot control and are not responsible for the acts or omissions of such third parties, nor are we responsible for the content or information of these websites or third parties.

Disclaimers

WHILE CBTF ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL WEBSITE, ALL ELEMENTS OF THE WEBSITE, INCLUDING THE INFORMATION, RESOURCES, AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE WEBSITE, RESOURCES AND CONTENT, INCLUDING ANY SERVICES OR RESOURCES PROVIDED BY THIRD PARTIES. CBTF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY, OR ANY OTHER IMPLIED WARRANTY.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CBTF (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, REGISTER FOR AN EVENT, OR USE OF ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CBTF OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITES, OR (iii) ANY DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY USING THE WEBSITES, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT USE THE WEBSITES.

Indemnity

You agree to defend, indemnify, and hold harmless CBTF and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this TOU, or ii) any act or omission related to your use of this Website, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Governing Law

This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and CBTF each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

Term and Termination.

This TOU and your right to use CBTF Website will take effect at the moment you access CBTF Website, and is effective, binding and enforceable for as long as use the Website. In addition, CBTF reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users. All provisions of this TOU that by their nature are intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning CBTF’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Changes to the Terms of Use

CBTF reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Use.

Miscellaneous

This TOU constitutes the entire agreement between you and CBTF and governs your use of the Website, superseding any prior agreements between you and CBTF. You will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of CBTF. Any purported assignment or delegation by you without the appropriate prior written consent of CBTF will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by CBTF to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by CBTF of that or any subsequent default or failure of performance. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CBTF to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and CBTF as result of this TOU or your utilization of CBTF Website. Headings herein are for convenience only.