Welcome to the Americans for Cures website. These Terms of Service (“Terms”) apply to www.americansforcures.org and any affiliated websites, all email newsletters published or distributed by Americans for Cures, and all other interactive features, services, and communications (collectively, the “Sites”) provided by Americans for Cures that are operated, made available, produced or maintained by Americans for Cures (“AFC,” “we,” “us”, or “our”).
By using our Sites, you are agreeing to these Terms. Please read them carefully. This is a legal agreement between you and us that states the material terms and conditions that govern your use of the Sites. If you are using our Sites on behalf of an organization, that organization accepts these terms.
If you are under 13 years of age, do not use the Sites. If you are under 18 years of age, you may use the Sites only if you have legal parental or guardian consent to accept these Terms and are fully able to abide by them.
Using Content on the Sites
AFC maintains the Sites for your personal information and education. Except for the User-Provided Content and as otherwise noted, all content on the Sites is the sole property of AFC, our vendors, and our partner organizations, and is protected by copyright, trademark and other law.
In keeping with our mission of educating the public about the benefits of stem cell research, unless otherwise indicated and except for User-Provided Content, it is our policy to allow limited reproduction and distribution of the Content posted on the Sites in accordance with the following guidelines. You may copy, reproduce and distribute Content from the Sites provided that (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notice; (2) all copies include a statement that the Content was reproduced from an AFC website with permission of AFC and include the notice “(c) [insert current year] Americans for Cures. All Rights Reserved”; (3) the copies are distributed only for non-commercial educational or public policy purposes of promoting stem cell research; and (4) the copies are distributed at no charge. Notwithstanding the foregoing, except as authorized by the copyright laws, you are solely responsible for obtaining permission before re-using any third party copyrighted materials that are available on the Sites.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Content on our Sites, without prior written authorization from AFC (and, as applicable, any third party copyright owners of such Content).
All trademarks, service marks and trade names of AFC (including, but not limited to, the AFC name, any logos, the Sites’ names, the Sites’ design, and all other names of AFC programs referenced herein or on the Sites) (collectively, the “Marks”) are registered or common law trademarks of AFC. In no event may the Marks be reproduced separately from the textual content associated with them on the Sites. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement. Unauthorized use of any Marks may be a violation of federal and state law.
You and other users of the Sites may submit information, text, photographs, graphics, videos, or other material (collectively, “User-Provided Content”) to or on the Sites. User-Provided Content does not represent the views of AFC or any individual associated with us. We do not control or endorse any User-Provided Content, or any opinion expressed therein, and we expressly disclaim any and all liability in connection with the User-Provided Content. You agree that you are solely responsible for any User-Provided Content that you post on the Sites.
You agree that you will not post any User-Provided Content that (1) is obscene, unlawful, offensive, defamatory, threatening, illegal, harmful to minors, or that uses hate speech or incites violence; (2) infringes any third party’s intellectual property or other proprietary right; (3) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, (4) advertises or otherwise solicits funds or sales of goods or services, (5) is false, deceptive, or misleading; (6) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity. We have the right, but not the obligation, to monitor the Sites for inappropriate content and we may refuse or remove any User-Provided Content that, in our sole judgment, violates these Terms.
By submitting User-Provided Content to the Sites, you hereby grant AFC an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User-Provided Content (or any portion thereof) in perpetuity, and AFC may sublicense all or part of its rights under this license or assign them to third parties.
Misuse and Interference
You agree that you will not misuse our Sites. You agree not to (1) use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission; (2) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (3) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; (4) bypass any measures we may use to prevent or restrict access to the Sites; or (5) use the Sites for any purpose prohibited by law.
Some of our Sites are available on mobile devices. Do not use such Sites in a way that distracts you and prevents you from obeying traffic or safety laws.
Modifying and Terminating our Sites
We are constantly changing and improving our Sites. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You may stop using our Sites at any time. We may also stop providing our Sites or services to you, or add or create new limits to our Sites at any time.
Warranties and Disclaimers
ALL CONTENT ON THE SITES IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER AFC NOR ITS VENDORS OR AGENTS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTIONS OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Sites
AFC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES.
You agree that you will hold harmless and indemnify AFC and its affiliates, officers, directors, employees, and agents from any claim, suit or action arising from or related to the use of the Sites or Content or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. This defense and indemnification obligation will survive these Terms and your use of the Sites.
Changes to these Terms
We may modify these terms or any additional terms that apply to the Sites to, for example, reflect changes to the law or changes to our Sites. You should review these terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of the Sites.
These terms control the relationship between you and AFC. They do not create any third party beneficiary rights.
You agree that the Sites shall be deemed to be solely based in California, and that the Sites shall be deemed passive websites that do not give rise to personal jurisdiction over AFC in jurisdictions other than California. These Terms shall be governed by and construed according to the laws of the State of California, without reference to its choice of law principles. Any claim or cause of action arising out of or relating to the Sites shall be brought in the state or federal courts located in the Northern District of California and you hereby agree to the jurisdiction and venue of those courts for any such dispute. Any such claim or cause of action shall be barred permanently unless such claim or cause of action is brought within one year after it arises.
Where possible, these Terms shall be interpreted in such manner as to be effective and valid under applicable law. Should any part of these Terms for any reason be declared invalid or void, such decision shall not affect the remaining portion which will remain in full force and effect.
This is the entire agreement between us relating to your use of the Sites and supersedes any prior understandings or agreements, written or oral. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by AFC.
AFC has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms. In addition, we reserve the right to seek all remedies available at law and in equity for violations of these Terms.
The Sites are provided by AFC, which is located at 550 S. California Ave, Suite 330, Palo Alto, CA 94306. If you have any questions about these Terms you can email us at info (at) americansforcures.org.
Last revised: December 18, 2017.
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