Welcome and thank you for your interest in Dense Breast-info, Inc., a New York nonprofit corporation, and our website at densebreast-info.org (hereafter “DBI” or “Our,” “We” or “Us”).
DBI, wherever referenced in these Terms, includes DBI’s officers, directors, managers, employees, volunteers, independent contractors, advisors, contributors, affiliates, suppliers, advertisers, and agents.
SITE or WEBSITE as used in these Terms means http://www.densebreast-info.org and all pages associated with this domain name.
Revisions to the Terms. We reserve the right to revise, amend, modify or replace these Terms, Our Website and Our other policies and agreements at any time and in any manner. The most current version of the Terms is available on this page of the Site and will supersede all previous versions. As such, you should review the Terms periodically. Your only recourse, if you disagree with the Terms, or changes to the Terms, is to discontinue your use of the Site and INFORMATION provided.
Revisions to Site. We consider Our Site to be informational in nature and are providing it as a service to Our community. We may make changes to the INFORMATION, errors or omissions on the Site at any time without notice. In addition, the INFORMATION available on the Site may be out of date, incomplete or inaccurate; and We make no commitment to update the Site or INFORMATION on the Site. Any changes or failure to make updates shall not be considered evidence of improper action, a breach of these Terms or grounds for an actionable claim against Us in any manner, in equity or at law.
Eligibility. You must be at least thirteen (13) years of age to use the Site. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least thirteen (13) years of age; (b) that you have not previously been suspended or removed from using the Site; and (c) that your registration, if any, and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Accounts and Registration. Certain features of the Site do not require an account. However, you may be required to register for an account to use other features of the Site, including for example, making donations, providing volunteer services or providing information, content or commentary. When you register for an account, you may be required to provide Us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to Us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. If so, you are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You may not use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Donations. We may, now or in the future, allow you to make donations or contributions through the Site to DBI or causes, nonprofits and programs that We advocate. If you make such a donation or contribution, We will bill charges through the payment method specified in your account or as otherwise specified by you, for example, a credit card. You authorize such credit card account to pay any amounts so donated or contributed by you, and authorize Us (or Our authorized payment processor) to charge all sums described and authorized to such credit card account. You agree to provide Us with updated information regarding your credit card account upon Our request and any time the information earlier provided is no longer valid.
Statements detailed on the Site may be statements of future expectations and other forward-looking statements that are based on Our current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied. The Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever.
Validity of Content. This website is for informational purposes only and is not intended to be a substitute for medical advice from a physician or to create a standard of care for health care providers. Please check with a physician if you have any questions, need a diagnosis and/or for treatments as well as information regarding your specific condition. If you are experiencing urgent medical conditions, call 9-1-1 (in the U.S.)
INFORMATION published on the Site may refer to legislation, regulations, products, programs or services that are not available in, or applicable to, your country or state. INFORMATION may be incomplete, out of date, expired or invalid. Consult your health professional or legal professional for information regarding the legislation, regulations, products, programs and services that may be available to you.
Use of Site.
Unless otherwise indicated, DBI, or Our licensors, holds the copyright to all INFORMATION on the Site. Additionally, We own all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Site, unless otherwise noted. Without Our explicit consent, no material from the Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Site may violate copyright, trademark and other laws. We retain all rights not expressly granted; and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other U.S. Federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of DBI or any third party, whether registered or not or registrable.
We will allow you to view and print documents or web pages located on the Site for your own personal use but not for any for-profit or commercial activities or purposes or resale or any other type of transfer whatsoever; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to DBI and if possible provide a reference to Our main site http://www.densebreast-info.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Our material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by DBI or its licensors.
Further, without Our prior written permission, you may not:
- Use the Site for any illegal purpose whatsoever, or in violation of any local, state, national or international law or regulation,
- Violate or encourage others to violate the rights of third parties,
- Post, upload or distribute any User Content that is unlawful, defamatory, libelous inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate,
- Interfere with the operation of the Site or any user’s enjoyment of the Site in any manner,
- Make unsolicited offers or advertisements to other users,
- Attempt to collect personal information about users or third parties without their consent,
- Modify the information or materials on the Site in any way,
- Reproduce, rent, sell, publicly display, perform, or distribute, transfer or otherwise use such INFORMATION for any public or commercial purpose,
- Use any proprietary information on the Site on any other website or networked computer environment for any purpose,
- Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site,
- Frame or utilize any framing or screenshot techniques to enclose any DBI trademark, logo, or other proprietary information (including images, text, page layout, or form) unless authorized,
- Purchase search terms or use any meta tags or any other "hidden text" utilizing DBI’s name or trademarks without Our express written consent,
- Attempt to hide your identity, or
- Use any robot, spider, automated technology, device or manual process to monitor or copy any INFORMATION contained on the Site or use any of the same to interfere, or attempt to interfere, with the proper working of the Site.
Limited License Grant to DBI. In the event you email Us any commentary, reviews or materials regarding DBI (“User Content”), you grant DBI a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute such User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Us may be without any compensation paid to you. This license will continue for 5 years, automatically renewing for additional 5-year periods unless you terminate the license 120 days prior to the end of a license period.
Limited License Grant to Other Users. By providing Us with any User Content, you hereby grant Us a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Site.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize DBI to use and distribute User Content as necessary to exercise the licenses granted by you herein and in the manner contemplated by Us and these Terms.
- User Content, and the use of User Content as contemplated by the Terms, does not and will not: (a) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party. You hereby indemnify and hold Us harmless from any liability, whatsoever, for any claim, demand, action, litigation or other legal proceeding, including attorneys’ fees and costs, from a third party regarding User Content and Our use thereof.
Refusal of Service/Right to Terminate. We reserve the right to terminate your access to the Site for any reason or no reason whatsoever at any time. Further, you understand and agree that We have the right to refuse to provide services to you or any other individual for any reason in Our sole discretion. Such alteration in service or refusal to provide service shall NOT be a breach of these Terms or any agreement with you and shall NOT subject DBI to any liability at law or in equity, without limitation, even if you suffer damages.
Your fraudulent, abusive, or otherwise illegal or unauthorized activity, or any activity in breach of these Terms, will be grounds for termination of the limited license to use Our Site granted by these Terms and will result in the cancellation of your license to view and use the Site. Upon termination of these rights, you must immediately return any improperly utilized DBI property.
Copyright. The INFORMATION on the Site is copyrighted and owned solely by, or is licensed from others to, DBI. Any unauthorized use of any INFORMATION available on the Site may violate U.S. Copyright laws, as well as other laws. You may not use any copyrighted INFORMATION on the Site without Our written permission. In some instances, specifically quoted legislation or regulations are not protected by copyright. If no copyright notice appears in connection with such legislation or regulation, that material is in the public domain and you are free to use it without Our permission. Please understand that We claim copyright to the form and format and manner in which the publicly available legislation or regulation appears. You may not use any of Our copyrighted form and format without Our written permission.
Trademarks. We own the following trademarks and trade names, whether registered in the U.S., elsewhere in the world, or utilized at common law:
Get Smart About Being DenseTM
This list may not be complete and We may own additional trademarks or service marks that are not listed herein. If you have questions about Our marks, please contact firstname.lastname@example.org. You may not use any of Our marks without Our written permission.
Relief For Breach. We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate Our rights in any manner. You agree that We may proceed with such injunctive relief as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that, because of the difficulty in measuring damages in connection with any misappropriation or theft of Our confidential and proprietary information, copyrighted information, or other intellectual property, as that term is commonly understood, you will be liable to pay Us $1,500.00 (fifteen hundred dollars) U.S. for each unauthorized use of Our proprietary information or intellectual property materials. Also, you will be responsible for any and all of Our attorneys’ fees and costs for having to make any claim or collect on any claim against you, including, without limitation, any demand, action, proceeding or litigation for such misappropriation or infringement. You agree that such amounts are not punitive in nature, but are necessary in order to protect Our proprietary rights and are in the nature of liquidated damages.
Third party relationships. We may have agreements with other entities, which entities may change without notice and with which we conduct business. We use third party entity names with permission. No further use by you is granted without written permission.
Representation of Condition. You understand and agree that INFORMATION on the Site may deal with health condition and risks and may include suggestions. You hereby assume all risks of use of INFORMATION on Our Site, waive any rights of action against DBI, as a result of any injury or condition that may result from such use and hold DBI harmless and release Us from any and all liability, claims, demands, or actions, or causes of action whatsoever, including attorneys’ fees and costs, arising out of any damage, loss, injury to you, your family members, heirs, successors, employees or independent contractors, whether such loss, damage or injury results from the negligence of DBI or from some other cause. This waiver and release from liability shall apply for all periods during or after your use of Our Site and shall apply to and for the benefit of all your successors, assigns, heirs and personal representatives.
Use of Name/Likeness. By providing DBI with any written comments, images or User Content, you hereby agree that DBI, its affiliates and its business partners may use your name, likeness, comments and User Content for advertising purposes on the world wide web, in print advertising, or any other advertising medium now known or hereafter developed, without further compensation or consideration. You agree to execute a further “model release” or other documentation as We reasonably request to fulfill the intent of this paragraph without additional compensation.
Indemnity. You agree to hold harmless and indemnify DBI from and against any third-party claim arising in any way from or related to your use, purchase or license of INFORMATION or the Site whatsoever.
Choice of Law/Applicable Laws. By providing Us with User Content, using, purchasing or licensing INFORMATION or using the Site in any manner, you agree that any legal problems or issues arising as a result of the Site or INFORMATION are subject to the laws of the State of New York, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflicts of laws. Only the District Courts in the county in which DBI has its principal place of business or the N.Y. Federal District Court closest to DBI’s principal place of business will have jurisdiction over matters concerning the Site, or INFORMATION, including User Content. Further, you and DBI expressly and irrevocably consent to the personal jurisdiction and venue in these courts for any violation of these Terms. You also agree that, in any dispute, including any legal action, with DBI, you will only assert claims in an individual (non-class, non-representative) basis, and that you will not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than yourself.
We administer the Site from Our offices in New York, USA. We make no representation that INFORMATION is appropriate or available for use outside the United States, and access to the Site from territories where its content is illegal is prohibited. You may not use or export or re-export the INFORMATION or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Electronic Communications. By purchasing, using, licensing or leasing DBI’s INFORMATION or contacting Us for further information, you consent to receiving electronic communications from Us. These communications will include notices about your account or information concerning or related to Our INFORMATION. These communications are part of your relationship with Us. You agree that any notice, agreements, disclosure or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Should you wish to opt out of email communications, except for legal notices, please let Us know and We will stop sending you emails regarding Our INFORMATION offerings. Failure to comply with your opt-out request shall not be considered a breach of this Agreement.