WEB SITE USE AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and Fight for Life Organization, Inc. (“Fight4Life). Use of the Fight4Life Web site (the “Fight4Life Web site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS FIGHT4LIFE WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Fight4Life Web site.
Modification of Agreement
(4) The Fight4Life Web site is protected by copyright as a collective work and/or compilation or otherwise, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Fight4Life Web site, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS IS, only for your information and use as defined in Section 7 of this document. All Content contained on the Fight4Life Web site is protected by copyright, and is owned or controlled by FIGHT4LIFE or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Fight4Life Web site. Copying or storing of any Content for other than its intended use is expressly prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited beyond the use identified in Section 7 of this document for any other purposes whatsoever, without the prior written permission from FIGHT4LIFE or the copyright holder identified in the individual Content’s copyright notice.
(5) In order to register as a user (“User” or “Users”) with FIGHT4LIFE, you must be at least eighteen (18) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with FIGHT4LIFE is true and complete. Your registration will take effect upon acceptance of your registration form by FIGHT4LIFE. Other terms and conditions may apply to your registration as posted from time-to-time on the Fight4Life Web site. You may terminate your registration at any time, for any reason by following the instructions on the MY Account page of the Fight4Life Web site. FIGHT4LIFE reserves the right to reject and to terminate your registration and use of the Fight4Life Web site at any time, for any reason without notice to you. FIGHT4LIFE also reserves the right to provide notices and alerts to users from time to time about use of the website and information on feature updates and changes.
Rights To User Submitted Content / “Communications”
(6) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Fight4Life Web site, you hereby grant to FIGHT4LIFE a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, incorporate into any works, and otherwise exploit such Communications, in all media now known or hereafter developed (including but not limited to photos, videos, audio files, text and other materials). You hereby waive all rights to any claim against FIGHT4LIFE for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmissions to and from the Fight4Life Web site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to FIGHT4LIFE, no confidential, fiduciary, contractually implied or other relationship is created between you and FIGHT4LIFE other than pursuant to this Agreement. You acknowledge and agree that (i) FIGHT4LIFE has no obligation to use or respond to any Communications; (ii) FIGHT4LIFE does not and shall not have any obligation to preview or review any Communications; (iii) FIGHT4LIFE does not assure the accuracy or quality of Communications, or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the Fight4Life Web site; (iv) FIGHT4LIFE may monitor any or all Communications in its sole discretion; (v) FIGHT4LIFE may remove any Communications, in whole or in part, from the Fight4Life Web site; and (vi) FIGHT4LIFE may exclude any person from further use of the Fight4Life Web site.
The responsibility for Communications is that of the persons transmitting same to the Fight4Life Web site. FIGHT4LIFE disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to the Fight4Life Web site and grant the rights to your Communications provided in this Agreement, and (ii) your Communications to be posted and transmitted to and through the Fight4Life Web site, for the purposes authorized under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorized under this Agreement, and (c) the posting and transmission of your Communications on and through the Fight4Life Web site for the purposes authorized under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulation or order.
Use of Web Site; Non-Commercial Use
(7) The Fight4Life Web site is meant for informative use only and may not be used in connection with the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, advertising, barter or pyramid schemes on or through the Fight4Life Web site; (b) solicit personal identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through the Fight4Life Web site (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other User; (e) use the Fight4Life Web site for, or conduct on or through the Fight4Life Web site, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Fight4Life Web site.
FIGHT4LIFE reserves the right to restrict the number of emails which a User may send to other Users in any twenty four (24) hour period to a number which FIGHT4LIFE deems appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through the Fight4Life Web site you acknowledge that you will have caused substantial harm to FIGHT4LIFE and/or the Fight4Life Web site that will be difficult, if not impossible, to ascertain, entitling FIGHT4LIFE to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorized acts, in addition to such other rights and remedies as may be available to FIGHT4LIFE.
While FIGHT4LIFE assumes no responsibility for monitoring the Fight4Life Web site, it will, when it deems it appropriate, investigate activity in connection with the Fight4Life Web site that FIGHT4LIFE believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by FIGHT4LIFE, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. FIGHT4LIFE reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Disputes Between Users
(8) The resolution of disputes that may arise between Users is the sole responsibility of the Users, and FIGHT4LIFE has no liability or obligation with respect to any such disputes.
(9) “FIGHT4LIFE” and the “FIGHT4LIFE” logo are registered trademarks and/or service marks of FIGHT4LIFE. All other trademarks, service marks and logos used on the Fight4Life Web site are owned by FIGHT4LIFE or used with permission of their respective owners.
Changes to Fight4Life Web site
(10) FIGHT4LIFE may change, suspend or discontinue any aspect of the Fight4Life Web site at any time, including the availability of any Fight4Life Web site feature, database, or Content. FIGHT4LIFE may also impose limits on certain features and services or restrict your access to parts or all of the Fight4Life Web site without notice or liability.
(11) You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the Fight4Life Web site any materials which (i) restrict or inhibit any other User from using and enjoying the Fight4Life Web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
Copyright Infringement Complaints
(12) If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(13) You hereby agree to indemnify, defend and hold FIGHT4LIFE, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. FIGHT4LIFE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FIGHT4LIFE.
(14) The Fight4Life Web site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Fight4Life Web site. Links to and from Fight4Life Web site to other third party sites, maintained by third parties, do not constitute an endorsement by FIGHT4LIFE or any of its subsidiaries or affiliates of any third party resources, or their contents. FIGHT4LIFE disclaims any and all responsibility for content contained in any third party materials provided through links from the Fight4Life Web site.
Disclaimer of Warranties
(15) THE FIGHT4LIFE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE FIGHT4LIFE WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FIGHT4LIFE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE FIGHT4LIFE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE FIGHT4LIFE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FIGHT4LIFE WEB SITE OR ANY LINKED SITE. FURTHER, FIGHT4LIFE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FIGHT4LIFE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FIGHT4LIFE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FIGHT4LIFE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIGHT4LIFE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE FIGHT4LIFE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability.
(16) FIGHT4LIFE, ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE FIGHT4LIFE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE FIGHT4LIFE WEB SITE, EVEN IF FIGHT4LIFE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE FIGHT4LIFE WEB SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE FIGHT4LIFE WEB SITE AND/OR THOSE SERVICES.
Choice of Law; Jurisdiction
(17) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COMMONWEALTH OF VIRGINIA, UNITED STATES OF AMERICA.
(18) This Agreement constitutes the entire agreement between FIGHT4LIFE and you with respect to your use of the Fight4Life Web site. Any cause of action you may have with respect to your use of the Fight4Life Web site must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If FIGHT4LIFE fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive FIGHT4LIFE’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
(20) YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits customers of FIGHT4LIFE who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes.