Welcome and thank you for your interest in Dense Breast-info, Inc., a New York nonprofit corporation, and our website at www.densebreast-info.org (hereafter “DBI” or “Our,” “We” or “Us”).
Revisions to the Terms. We reserve the right to revise, amend, modify or replace these Terms, Our Site and Our other policies and agreements at any time and in any manner. The most current version of Our 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.
DBI, wherever referenced in these Terms, includes DBI’s officers, directors, managers, employees, volunteers, independent contractors, advisors, contributors, affiliates, suppliers, advertisers, and agents, however, no such individuals shall have any individual responsibility for DBI whatsoever.
SITE or WEBSITE as used in these Terms means http://www.densebreast-info.org and all pages associated with this domain name.
INFORMATION as used in these Terms means any materials, services and products on the Site, including without limitation, images, research materials, photographs, text, graphics, logos, icons, images, sound recordings, tutorials, white papers, audio/visual clips and designs, multi-media materials and other content, whether provided by Us, contributors, licensors or users.
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 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 In addition, the INFORMATION available on the Site may be out of date, incomplete or inaccurate, and We make no commitment to update the Site or INFORMATION on the Site.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/Majority. You must be at least thirteen (13) years of age to use the Site in the U.S. or the age of majority in your jurisdiction if you are outside the U.S. By agreeing to these Terms, you represent and warrant to Us: (a) that you are at least thirteen (13) years of age if you are located in the U.S. or the age of majority in your jurisdiction (for Site visitors outside the U.S.); (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.
Donations. We allow you to make donations or contributions through the Site to DBI. If you make such a donation or contribution, We will bill charges through the payment method 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.
Validity of Content. This Site 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. INFORMATION published on the Site may refer to legislation, regulations, products, programs or medical services that are not available in, or applicable to, your country or state. INFORMATION may be incomplete, out of date, expired or invalid. Please check with a legal or health professional for information regarding the legislation, regulations, products, programs and medical services that may be available to you or consult with your health professional if you need a diagnosis and/or for treatments as well as information regarding your specific condition. If you are experiencing an urgent medical condition in the U.S., call 9-1-1. For any other country, please check with your local operator to determine the appropriate emergency call number(s).
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.
Use of Site. Unless otherwise indicated, DBI, or Our licensors or contributors, own 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. 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 or not registered 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 with whom you share the materials as to these Terms; and the recipient 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 or contributors. You must receive advance written permission for any use of Our Site in lectures or presentations.
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 data 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 Our Information for any public or commercial purpose,
- Use 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 (i.e., without compensation to you) 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). 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.
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; and
- 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, whatsoever, including attorneys’ fees and costs, from a third party regarding User Content and Our use thereof.
Use of Name/Likeness. By providing DBI with any User Content, including without limitation, text and images, you hereby agree that DBI, its affiliates and its business partners may use your name, likeness, and User Content for advertising purposes on the Internet, 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.
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.
You may not use any of Our trademarks or copyrights (including the form and format of public domain materials) without DBI’s prior written permission.
Copyright. Our Site, and all Information therein, is copyrighted and owned solely by, or is licensed from others to, DBI. Your unauthorized use of any Information available on the Site may violate U.S. Copyright laws, as well as other laws. In some instances, specifically quoted legislation or regulations are not protected by copyright, but Our legislative analysis is copyrighted. Further, 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 materials 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 [email protected]. 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, copyrights, trademarks, 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. If such use is intentional, you will be liable to pay Us $4,500.00 for each unauthorized use. In addition, 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 conditions and risks and may include suggestions. You hereby assume all risks of the 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 causes of action, whatsoever, including attorneys’ fees and costs, arising out of any damage, loss, injury to you or your family members, heirs, successors, employees, or independent contractors, whether such loss, damage or injury results from DBI’s negligence 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.
Choice of Law/Applicable Laws. By providing Us with User Content or using or viewing the Site or Information thereon in any manner, you agree that any legal problems or issues arising as a result 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. 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. Access to the Site from territories where its content is illegal is prohibited. 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.
Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect. To the extent possible, the invalid, illegal, or unenforceable term(s) or provision(s) shall be modified by the parties or court of proper jurisdiction to reflect Our intent and applicable laws.
Electronic Communications. We will not contact you unless you first authorize that communication. One of the ways you provide such information is by providing Us your contact information or emailing Us. Should you contact Us or make a donation, We will communicate with you regarding that donation or to respond to your inquiry. 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, please let Us know and We will stop sending you emails. Each email will include the ability to opt-out of further communications.