TERMS AND CONDITIONS
Description of the Services Available
NCC’s mission is two-fold: funding research and providing education on the prevention, diagnosis and treatment of cancer. The Website provides a variety of content, resources and information (the “Content”), as well as a variety of options to support cancer research.
Registration; Personal Information
The NCC Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older to make a donation; if you are between 13 years to 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to make a donation(s) or online purchase. If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in these TOU on behalf of both yourself and your child.
If you reside in a jurisdiction that would restrict the use of this Website – or any of the functionalities or features offered via the Website – because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction. Please note, if you reside in the European Economic Area, Switzerland or the United Kingdom, users must be 16 years of age or older, and any use of or access to the Websites by anyone under 16 is unauthorized.
Intellectual property rights
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of NCC. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of NCC. 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 NCC or their respective owners.
Except as otherwise expressly stated, all Content and information appearing on this Website – including all webpages and messages – are the copyrighted work of either NCC or other third parties, 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 NCC, 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 NCC, or any applicable third-party suppliers or authorized users.
NCC 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 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 NCC transfers no ownership or intellectual property interest or title in and to NCC.
Reservation of Rights
NCC 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. NCC shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.
You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of NCC Website. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with NCC Website is solely at your own risk. While NCC has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from NCC Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, NCC 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 NCC. NCC has engaged the services of third party payment service provider(s) to process all donation/payment transactions. You can also provide us a donation(s) generated from the item(s) you purchase on Amazon via the “AmazonSmile” program/webpage, which when used provides to NCC a percentage of such purchases. Please note NCC is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and NCC is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, NCC expressly disclaims responsibility and liability from all such donations and for all payment processor services, and you hereby agree that NCC 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 firstname.lastname@example.org.
In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that 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.
NCC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that NCC 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 cancer, in general, and the work we do, in particular. 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.
WHILE NCC ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL WEBSITE, ALL ELEMENTS OF THE WEBSITE, INCLUDING THE INFORMATION 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, INFORMATION AND CONTENT, INCLUDING ANY SERVICES OR CONTENT PROVIDED BY THIRD PARTIES. NCC 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 NCC (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 WEBSITE OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NCC OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE, 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 WEBSITE.
You agree to defend, indemnify, and hold harmless NCC and affiliates and all of their respective employees, 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.
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 NCC 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 NCC Website will take effect at the moment you access NCC Website, and is effective, binding and enforceable for as long as use the Website. In addition, NCC 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 NCC’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
This TOU constitutes the entire agreement between you and NCC and governs your use of the Website, superseding any prior agreements between you and NCC. 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 NCC. Any purported assignment or delegation by you without the appropriate prior written consent of NCC will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by NCC to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by NCC 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 NCC 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 NCC as result of this TOU or your utilization of NCC Website. Headings herein are for convenience only.