One Mission, Inc. (“One Mission“), has created the Heart to Heart website at http://onemission.org/parent-support (the “Website” or the “Site“) to provide an online forum where parents of children who have completed cancer treatment can share their experiences. PLEASE NOTE: the Heart to Heart Website is intended ONLY for parents whose children have completed treatment – NOT for parents whose children are still undergoing diagnosis or treatment. If your child has not completed treatment, we advise you not to access the Heart to Heart Website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
- Your Agreement. These Terms govern (i) your use of the Website, (ii) your receipt of and participation in One Mission’s services offered through the Website (our “Services”), (iii) your provision of information in connection with using the Website (“User Content “); and (iv) your use of information obtained through the Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by One Mission or its licensors and made available to you through the Website (“One Mission Content”). Please read these Terms carefully; they impose legal obligations on you and on One Mission, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.While you can visit the Website and review a range of information about One Mission, Heart to Heart, and our Services without registering, to participate in the Services, we ask that you become a Registered User.In addition, if you become a Registered User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an “I Accept” button/box, which further confirms your agreement to be legally bound by these Terms.
- Our Services: Overview. The Website has been developed to provide a forum where parents whose children have completed cancer treatment can find information about what to expect and share their questions and experiences in an online forum with other parents in similar situations. The Website includes a password-protected blog/forum where Registered Users can share information and communicate with other Registered Users. To access the Website, we will require that you complete a survey and such other screening as One Mission may establish from time-to-time. Access to the Website is provided solely in One Mission’s discretion.
- Obtaining a Password; Use of Your Password
- Protecting Your Password. We make certain areas of the Website accessible only to users that have a password. If you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
- Grant of Rights to Registered Users
- Grant of Rights to Registered Users. As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for your personal use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or the Services to any third party; (ii) modify or make derivative works based upon the Website, One Mission Content, or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, One Mission Content or Services.
- Duration of Rights. You will continue to enjoy Your rights under Section 5.1 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless Your password is revoked or suspended for misconduct, as set out in Section 9 (Monitoring; Revocation or Suspension of Use Privileges).
- Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the One Mission Content, are the proprietary property of One Mission and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. One Mission and its licensors retain all rights with respect to the Website, Services and the One Mission Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website and/or through the Services unless specifically authorized in writing by One Mission.
- Registered User Grant of Rights
- Grant of Rights to One Mission in User Content. By submitting User Content for participation in the Services and use of the One Mission Website, uploading files, or otherwise (if such features are available to you), you grant One Mission the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to One Mission’s use of your User Content under this grant.
- Registered User Comments/Feedback. Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
- Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you warrant that you have sufficient authority and rights to post such Content, and provide these use rights.
- Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Be disrespectful or rude to other Registered Users.
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam” email.
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
- Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Website, or by contacting us in accordance with Section 24 (Contact Us). If we are notified by a user that he/she believes User Content on the Website does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to the person or persons responsible for posting the Content.
- User Conduct; User Disputes. One Mission is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release One Mission (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- Links to Third-Party Sites. The Website may also contain links or produce search results that reference links to third party websites (collectively “Linked Sites”). One Mission has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. One Mission does not endorse the content of any Linked Site, nor does One Mission warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
- Photo Subject Take Down Requests. Similar to Third Party Links, One Mission does not endorse any User Content submitted to the Website by any Registered User, or any opinion, recommendation, or advice expressed therein, and One Mission expressly disclaims any and all liability in connection with Registered User Content. Due to the nature of photographs and videos, images of third parties may be captured in public settings where it is not feasible for the photographer to obtain the consent of all individuals depicted. Third parties who believe they are harmed by User Content uploaded or posted on the One Mission WEbste (“Photo Subject Requesters”) may contact us (Section 24) and request that the particular photograph(s) or video(s) be taken down (“Take Down Request”). Take Down Requests must include enough information about the particular photograph(s) or video(s) in question for One Mission to identify the photograph(s) or video(s), including (i) the URL(s) at which the photograph(s) or video(s) are posted, and (ii) the user name of the Registered User who posted the photograph(s) or video(s). One Mission will respond to reasonable Take Down Requests in its sole discretion.TAKE DOWN OF THE PHOTOGRAPH(S) AND/OR VIDEO(S)IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
- DISCLAIMER: NO MEDICAL ADVICE. The content on the Website is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. Similarly, comments from other Registered Users may contain personal opinions and are not to be viewed or treated as medical advice. One Mission does not have and shall not have any obligation to review, examine, verify, endorse or otherwise approve the User Content on the Website. You acknowledge that your use of the Website and participation in the Services is voluntary. One Mission makes no representations or warranties with regard to the User Content or your use of information obtained from the Website and One Mission shall have no liability with regard to same. If you have or suspect you have a medical problem or injury, promptly contact your professional healthcare provider.
- Warranty Disclaimer. ONE MISSION DOES NOT PROMISE THAT THE WEBSITE, ONE MISSION CONTENT, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE ONE MISSION WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. ONE MISSION DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM ONE MISSION SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.ONE MISSION DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE ONE MISSION WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.|
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ONE MISSION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE ONE MISSION WEBSITE AND RELATED SERVICES AND CONTENT.
- Indemnity. You agree to defend, indemnify, and hold One Mission and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
- Contact for Alleged Copyright Infringement. One Mission respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: email@example.com Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
- Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
- Assignment. These Terms shall not be assignable by you, either in whole or in part. One Mission reserves the right to assign its rights and obligations under these Terms.
- Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:
- Section 6 (Ownership; Reservation of Rights)
- Section 13 (Warranty Disclaimer)
- Section 16 (Limitation of Liability)
- Section 17 (Indemnity)
- Section 20 (Assignment)
- Section 21 (General)
- Section 22 (Survival)
- Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:You may contact us, for any reason, by e-mail as follows:
Effective Date: The effective date of these Terms and Conditions is March 29, 2017.
COPYRIGHT AND LEGAL NOTICE. Copyright © 2017 One Mission, Inc. All Rights Reserved.