fbpx
small-logo

Terms of Use

Terms of Use

Terms of Use

The MRF grants you the right to use its website and related services (collectively, the “Service”) subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SERVICE.

1. EDUCATIONAL USE. The MRF provides portions of the Service for general educational use by those affected by melanoma. No information provided through the Service constitutes a medical diagnosis, advice, or treatment. Please consult a healthcare professional for a specific examination and evaluation of your condition.

2. LICENSE. The MRF owns and operates the Service. The documents and other information and content available on the Service (the “Service Content”) are protected by copyright laws throughout the world. Subject to license agreements under which specific items of the Service Content are provided, the MRF grants you a limited license to reproduce portions of the Service Content for the sole purpose of reviewing the Service Content for your personal, non-commercial use. All copyright and other proprietary notices on any Service Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Service Content is strictly prohibited. The MRF and its licensors reserve all rights not granted in these Terms of Use.

3. TRADEMARKS. The Melanoma Research Foundation and other related graphics, logos, service marks, and trade names used on the Service are the trademarks of the MRF and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners.

4. MODIFICATION. The MRF reserves the right, at any time, to modify the Service Content or to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that the MRF will not be liable to you or to any third party for any modification of the Service Content or modification, suspension, or discontinuance of the Service.

5. FEEDBACK. The MRF will treat any feedback, suggestions, or comments (“Feedback”) you provide to the MRF as non-confidential and non-proprietary. If you provide to the Service Feedback, whether by e-mail, online form, or through any other medium, you grant to the MRF a non-exclusive, worldwide, perpetual and irrevocable, fully-paid and royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, modify, make derivative works of, publicly perform, publicly display, and otherwise exploit, in any medium or format now known or developed in the future, the Feedback for any purpose.

6. USER CONTENT. The MRF does not claim ownership rights in any comments, messages, postings, or other content that you may submit or post on the Service (collectively, “User Content”). By submitting User Content to the Service, you automatically grant to the MRF a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, fully sublicenseable and transferable, non-exclusive license to use, reproduce, distribute, modify, perform, and display your User Content on or within the Service.

7. USER ACCOUNTS. You will receive a password and username if you complete the Service’s registration process for a user account. You are responsible for maintaining the confidentiality of the password and user account and are fully responsible for all activities that occur under your password or user account. You agree to immediately notify the MRF of any unauthorized use of your password or user account or any other breach of security. The MRF will not be liable for any loss or damage arising from your failure to comply with this Section 7.

8. PROHIBITED CONDUCT. You agree not to use the Service to upload, post, transmit or otherwise make available:

(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(d) any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(e) any User Content that violates any applicable law or regulation, including without limitation the laws and regulations governing export control

9. CLAIMS OF COPYRIGHT INFRINGEMENT. The MRF may remove Service Content that you believe violates your copyright or other intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the MRF’s Copyright Agent the following information at the address below:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Service;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

By mail:
Copyright Agent
Melanoma Research Foundation
1420 K Street, NW 7th Floor
Washington, DC 20005

By email: [email protected]

10. PRIVACY. Certain information about you is subject to our Privacy Policy. For more information, please see the full terms and conditions of our Privacy Policy. You expressly consent to the collection and use (in accordance with the Privacy Policy) of this information through your use of the Service.

11. TERM. Subject to this Section 11, these Terms of Use will remain in full force and effect while you use the Service and/or maintain a user account. You may terminate your user account at any time, for any reason by notifying us at [email protected]. The MRF may terminate these Terms of Use, or suspend or terminate your access to the Service, effective upon sending notice to you at the email address you provide in your user account registration or such other email address as you may later provide to the MRF. Upon termination of these Terms of Use by either party, your right to access and use the Service will terminate immediately. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of these Terms of Use. Even after these Terms of Use are terminated, the following provisions of these Terms of Use will remain in effect: Sections 6-18.

12. USER DISPUTES. You are solely responsible for your interactions with other users. The MRF reserves the right, but has no obligation, to monitor, or take any action the MRF deems appropriate regarding disputes between you and other users. To the extent permitted under applicable laws, you hereby release the MRF from any and all claims or liability related to:

(a) any Service Content posted on the Service;
(b) the conduct, whether online or offline, of any other user; and (c) termination or denial of access to or use of the Service.

You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13. WARRANTY DISCLAIMER. THE MRF IS PROVIDING THE SERVICE AND THE SERVICE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE MRF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE MRF DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT OR THE INFORMATION PROVIDED ON THE SERVICE. INFORMATION AT THIS SERVICE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SERVICE AND MAY CONTAIN ERRORS.

14. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE MRF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE SERVICE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE MRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE MRF’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SERVICE, OR THE SERVICE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

15. INDEMNIFICATION. You agree to indemnify and hold the MRF, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to, arising out of, or relating to:

(a) your use of the Service, or
(b) your breach of these Terms of Use.

16. AMENDMENT. The MRF may, at any time, revise these Terms of Use by updating this posting. For material changes to these Terms of Use, the MRF will notify you by prominently posting notice of such changes on the Service. Any material changes to these Terms of Use will be effective thirty (30) calendar days following our posting of notice of the changes on the Service. These changes will be effective immediately for new users of the Service. By using this Service, you agree to be bound by any such revisions. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages or sections of this Service.

17. GENERAL PROVISIONS. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed by the laws of the State of New Jersey, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. By using this Service, you hereby expressly consent to the personal jurisdiction of and venue in federal courts for the District of New Jersey or the state courts located in Somerset County, New Jersey for any lawsuit filed there against you by the MRF arising from or related to these Terms of Use. These Terms of Use constitute the entire agreement between the MRF and you regarding your use of the Service and supersedes all prior or contemporaneous agreements, understandings, and communications.

18. DISCLOSURES. If you have any questions about the foregoing, please contact us at the following e-mail address: [email protected]. The MRF is located at 1411 K Street, NW Suite 800 Washington, DC 20005. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: https://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.

Last Updated: July 22, 2020