Terms of Use

Last Modified: October 8, 2024

1. ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and World Child Cancer USA (“Corporation,” “we,” or “us”). The following terms and conditions (together with any documents they expressly incorporate by reference, “Terms of Use”) govern your access to and use of www.cancelchildcancer.org (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and the Corporation’s Privacy Policy, found at www.cancelchildcancer.org/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

2. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If any change to the Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.

3. ACCESSING THE WEBSITE

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

4. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality, including but not limited to all software, code, information, data, text, messages, displays, graphics, images, photographs, video, music, sound, audio, and other materials, and the design, selection, and arrangement thereof (collectively referred to as “Content”) are owned by the Corporation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You have no rights in or to the Content and must not collect, copy, frame, scrape, rent, lease, loan, sell, transfer, assign, license, sublicense, reverse engineer, reverse assemble, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Use or posting any of the Content on any other web site or computer network for any purpose

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Corporation. To the extent you modify or make any derivative work of the Content, you hereby assign all right, title and interest in and to such modifications and derivative works to World Child Cancer USA and waive all rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like therein Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4.1 TRADEMARKS

The trademarks, service marks, and logos of the Corporation (the “Corporation Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of the Corporation. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Corporation Trademarks, the “Trademarks”). Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of the Corporation specific for each such use. The Trademarks may not be used to disparage the Corporation or the applicable third-party, the Corporation or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Corporation prior written consent. All goodwill generated from the use of any Corporation Trademark shall inure to the Corporation’s benefit.

4.2 COPYRIGHT

The Digital Millennium Copyright Act of 1998, as amended, (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. The Corporation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be mailed or emailed to:

World Child Cancer USA
ATTENTION: Dana Bryson
1301 Arapahoe St #105, Golden, CO 80401,
United States
[email protected]

The notification must be in writing and contain the following information:

a description of the copyrighted work or other intellectual property that you claim has been infringed;
a detailed description of where the material that you claim is infringing is located on the Website;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
your address, telephone number, and email address;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
a statement by you, made under penalty of perjury, that the above information in your notification 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.

5. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Corporation or users of the Website, or expose them to liability.
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, in whole or in part, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Frame or link to any of the materials or information available on the Website, without our prior written consent.
Use any device, software, or routine that interferes with or attempts to interfere with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

If you are blocked by the Corporation from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

6. MONITORING AND ENFORCEMENT; TERMINATION

We have the right, in our sole discretion, to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use, at any time without prior notice or liability.

YOU WAIVE AND HOLD HARMLESS THE CORPORATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CORPORATION/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE CORPORATION/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Corporation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Corporation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and not as an endorsement by us of the content of such external sites. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. GEOGRAPHIC RESTRICTIONS

This Website is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

11. LIMITATION OF LIABILITIES AND DISCLAIMER OF WARRANTIES

THE CORPORATION (INCLUDING ALL AFFILIATES), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “WCCUSA PARTIES