Terms and Conditions
Twist Out Cancer Terms and Conditions of Use of Website
Please read these Terms and Conditions of Use of Website carefully before using this Website. By using this Website, you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this Website. Twist Out Cancer ("twistoutcancer.org") may revise and update these Terms and Conditions at any time. Your continued use of the Twist Out Cancer Website will mean you accept these changes.
The contents of the Twist Out Cancer Website are for informational purposes only. The contents are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Twist Out Cancer Website.
Twist Out Cancer does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Website. Reliance on any information provided by Twist Out Cancer, Twist Out Cancer employees, others appearing on the Website at the invitation of Twist Out Cancer, Twist Out Cancer users, or other visitors to the Website is solely at your own risk.
The Website may contain health- or medical-related materials that are sexual in nature. If you find these materials offensive, you may not want to use our Website.
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Twist Out Cancer authorizes you to view or download a single copy of the material on the Twist Out Cancer Website solely for your personal, noncommercial use if you include the following copyright notice: "©2012 Twist Out Cancer. All rights reserved" and other copyright and proprietary rights notices that are contained on the Website. The content of the Website is protected by copyright under both United States and foreign laws. Twist Out Cancer own the copyrights in the Website content. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions, and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice at the discretion of Twist Out Cancer. All rights not expressly granted herein are reserved to Twist Out Cancer.
If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the Website content.
The Kind of Information We Collect
Some of the information that members provide about themselves may be shared with the Twist Out Cancer community, partners and others. Examples of shared data that members may submit at the Website may include: biographical information, condition/disease information, treatment information, symptom information, information shared via the public parts of the Website, and connections to other people on the Website. In the course of using the Website, members may share information that could be used to reasonably identify them ("Personal Information"), including name, photographs, email address and other Personal Information. When a member chooses to share Personal Information via the public parts of the Website, the information shall be treated as shared data.
Some of the information that members enter into certain fields when registering to use the Website will not be shared and is restricted data. The type of restricted data that members may submit to the Website during registration or other times may include: name, email address, password, mailing address, date of birth, and private messages. When a member enters Personal Information, including name and email address, as part of registering to use the Twist Out Cancer Website, that Personal Information is treated as restricted data.
How Your Shared and Restricted Data are UsedMembers should expect that every piece of information they submit (even if it is not currently displayed), except for restricted data, may be shared with the Website community and our partners. Members are encouraged to share health information but should understand that the more information they enter, the more likely it is that a member could be identified. There are instances where both shared and restricted data, including Personal Information, may be used and disclosed, including, but not limited to, the following: Twist Out Cancer uses both shared and restricted data internally for research, maintenance and operation of the Website. Twist Out Cancer may use a member's data in the case of an emergency or other circumstance that we determine requires a member of the management team to directly contact the member, or where required by law or to comply with legal process. In the event Twist Out Cancer goes merges with or is acquired by another organization, or sells all or a portion of its assets, the shared and restricted data, including Personal Information, might be among the assets transferred. Members will be notified via this Website of any such change in ownership or control of Personal Information.
How Shared Data is Used
Shared data is viewable via YouTube that are made available to other Twist Out Cancer members. We report publicly shared data in aggregate. Members’ "public" shared data can be linked with aggregated reports. Twist Out Cancer provides shared data, in individual and aggregate format, to business partners and other third parties. When providing or selling this information, Twist Out Cancer removes members’ restricted data to reduce the likelihood of re-identification prior to sharing information with partners and other third parties.
Twist Out Cancer may provide a method to allow business partners to communicate with members directly through our system. This communication would only be at a member’s request.
Twist Out Cancer may also ask members to complete surveys about their experiences (including questions about products and services.) Survey responses are analyzed, combined with members’ shared data and then shared with business partners.
The information Twist Out Cancer reports includes, but is not limited to, shared data and all of the information about members and/or free text or images in the public parts of the Website. Twist Out Cancer is a public forum, and members acknowledge and accept that any information shared through free text or images might be connected to other members’ shared data and may also be shared publicly.
How Restricted Data is Used
Restricted data is not automatically shared with, sold to or displayed for other members or business partners. Restricted data may be used in circumstances which include, but are not limited to: a member’s current age, if s/he provides a date of birth, a member’s profile in reports or other public documents or displays if the member uses a public rather than private setting, or a member’s contact information if a member agrees to participate in a media interview. If a member makes a request, Twist Out Cancer may use restricted data, including sharing the member’s restricted data with software/service vendors, for the purpose of fulfilling the request, such as a request to receive information or items via email and/or U.S. mail.
a. All material on the Website, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Twist Out Cancer or other parties that have licensed their material to Twist Out Cancer, and are protected by copyright, trademark and other intellectual property laws. Trademarks, logos, images, audio, and service marks displayed on the Website are the property of either Twist Out Cancer or third parties. You agree not to display or use such Materials or property without Twist Out Cancer’s prior written permission.
b. The Materials on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by email or other electronic means, now known or hereafter developed, without the prior written consent of Twist Out Cancer. Any modification of the Materials, use of the Materials on any web Website, networked computer environment, or other digital or printed media, or use of the Materials for any purpose other than personal, non-commercial use, without the prior written consent of Twist Out Cancer, is a violation of the copyright, trademark and other proprietary rights of Twist Out Cancer in the Materials, and is expressly prohibited.
c. If you have accessed the Website, Twist Out Cancer grants you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Website solely for your personal use. All rights not expressly granted herein by Twist Out Cancer to you are reserved by Twist Out Cancer.
d. Twist Out Cancer alone shall own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, postings, media, photos, video or other information or communications provided by you relating to the Website ("Submissions"), and you agree to and hereby do assign such Submissions to Twist Out Cancer free of charge. Twist Out Cancer may use or not use such Submissions as it deems appropriate in its sole discretion. For any Submissions that cannot be legally assigned to Twist Out Cancer you hereby grant Twist Out Cancer an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and you agree that Twist Out Cancer is free to use any ideas, concepts, know-how or techniques that you send to Twist Out Cancer for any purpose whatsoever, with no compensation to you, including sublicensing its rights to sublicensees. You also hereby waive any "moral rights" associated with the Submissions. You certify that any person pictured any Submissions (or, if a minor, his/her parent/legal guardian) authorizes Twist Out Cancer to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Submission and any material included in such Submission; and you agree to indemnify Twist Out Cancer and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Submission and/or your failure to comply with these the Terms and Conditions.
Liability of Twist Out Cancer and Its Licensors
The use of the Twist Out Cancer Website and its content is at your own risk. When using the Twist Out Cancer Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Twist Out Cancer and its licensors. Accordingly, Twist Out Cancer assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Twist Out Cancer Website.
The Twist Out Cancer Website and its content are provided on an "as is" basis. TWIST OUT CANCER, ITS LICENSORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Twist Out Cancer, its licensors and its suppliers make no representations or warranties about the following: the accuracy, reliability, completeness or timeliness of the content, software, text, graphics, links or communications provided on or through the use of the Twist Out Cancer Website or Twist Out Cancer; and the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on the Twist Out Cancer Website. In no event shall Twist Out Cancer, its licensors, its suppliers or any third parties mentioned on the Twist Out Cancer Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Twist Out Cancer Website or its content, whether based on warranty, contract, tort or any other legal theory, and whether or not Twist Out Cancer, its licensors, its suppliers or any third parties mentioned on the Twist Out Cancer Website are advised of the possibility of such damages. Twist Out Cancer, its licensors, its suppliers or any third parties mentioned on the Twist Out Cancer Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. Twist Out Cancer, its licensors, its suppliers or any third parties mentioned on the Twist Out Cancer Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, its content, or the public parts of the Website (as defined below.) Any claims arising in connection with your use of the Website, any content, or the public parts of the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IF YOU USE THE Service FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
You agree that you will not upload or transmit any communications or content of any type to the public parts of the Website (including blogs, message boards, user reviews, etc.) that infringe or violate any rights of any party. By submitting communications or content to the public parts of the Website, you agree that such submission is non-confidential for all purposes.
Twist Out Cancer reserves the right to review all material prior to submission to the Website and to remove any material for any reason, at any time, without prior notice, at its sole discretion.
Twist Out Cancer Public Areas
If you use a public area, such as discussion boards, blogs, profiles and any other area available to the public, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas, and Twist Out Cancer and its licensors are not responsible for the consequences of any such communications in the public areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. In consideration of being allowed to use the public areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: using a Public Area for any purpose in violation of local, state, national or international laws; posting material that infringes the intellectual property rights of others or the privacy or publicity rights of others; posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Twist Out Cancer in its sole discretion; posting advertisements or solicitations of business; after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); posting chain letters or pyramid schemes; impersonating another person; distributing viruses or other harmful computer code; harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; allowing any other person or entity to use your identification for posting or viewing comments; posting the same note more than once or "spamming"; or engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public parts of the Website, or which, in the judgment of Twist Out Cancer, exposes Twist Out Cancer or any of its members or suppliers to any liability or detriment of any type.
Twist Out Cancer reserves the right (but is not obligated) to do any or all of the following: record the dialogue on the Twist Out Cancer Website; investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication; remove communications which are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms and Conditions; terminate a user's access to any or all public areas and/or the Twist Out Cancer Website upon any breach of these Terms and Conditions; monitor, edit or disclose any communication in the Public Areas; edit or delete any communications posted on the Twist Out Cancer Website, regardless of whether such communications violate these standards. Twist Out Cancer and its licensors have no liability or responsibility to users of the Twist Out Cancer Website or any other person or entity for performance or nonperformance of the aforementioned activities.
The materials on the Website are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Twist Out Cancer’s proprietary rights in them. No other governments are authorized to use the materials appearing on the Website without prior written permission from Twist Out Cancer.
Local Laws and Export Controls
The Website may provide services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the U.S. Department of Treasury Office of Foreign Assets Control,and other U.S. agencies, and the export control regulations of the European Union. You acknowledge and agree that the Website shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other country to which the United States and/or the European Union maintains an embargo (collectively, the "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, the "Designated Nationals".) The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, an Embargoed Country or a Designated National.
The Website may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
Advertisements, Searches and Links to Other Websites
Twist Out Cancer may provide links to third party websites. Twist Out Cancer also may select certain websites as priority responses to search terms you enter and Twist Out Cancer may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Twist Out Cancer does not recommend or endorse the content on any third party website. Twist Out Cancer is not responsible for the content of linked third party websites, websites framed within the Twist Out Cancer Website, third party websites provided as search results or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. Twist Out Cancer does not endorse any product, service or treatment advertised on the Twist Out Cancer Website.
By using the Twist Out Cancer Website, you agree to defend, indemnify and hold Twist Out Cancer, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your or any other party’s violation of these Terms and Conditions.
Changes to the Website
Twist Out Cancer reserves the right to modify, suspend or discontinue all or any portion of the Website at any time without notice. Unless stated otherwise, any new features to the Website shall be subject to these Terms and Conditions. The Website is currently accessible to users without charge; however, Twist Out Cancer reserves the right to charge users for access to or use of any portion of the Website in the future. The date of the present version of the Terms and Conditions is listed at the bottom of the Terms and Conditions.
Twist Out Cancer is based in Chicago, Illinois, in the United States of America. Twist Out Cancer makes no claims that the Twist Out Cancer Website and its content are appropriate or may be downloaded outside of the United States. Access to the Website content may not be legal by certain persons or in certain countries. If you access the Twist Out Cancer Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Jurisdiction and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Twist Out Cancer, or in any way relating to your use of the Twist Out Cancer Website, is vested in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute, including any claim involving Twist Out Cancer or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Twist Out Cancer cannot guarantee the identity of any other members with whom a member may interact in the course of using the Website or who may have access to a member’s shared data, nor can it guarantee the authenticity of any data that members may provide about themselves. Twist Out Cancer takes commercially reasonable technical precautions to help keep member data secure.
Risks and Benefits
There are no known risks to using this Website, but there is a possibility that users may feel uncomfortable sharing information online. It is possible that a Member could be identified using information shared on Twist Out Cancer (and/or in conjunction with other data sources.) A member could be discriminated against or experience repercussions as a result of the information shared. For example, it is possible that employers, insurance companies or others may discriminate based on health information. Members should understand that anyone can register at Twist Out Cancer and view the shared data on the Website.
In using the Website, members are free to skip any non-required questions or data fields that make them feel uncomfortable. Members are also free to stop using this Website at any time. If a Member chooses to deactivate his/her account, Twist Out Cancer will not display or sell the data in that account as of the date of deactivation. However, the member’s data will remain in the system for auditing purposes, and research conducted prior to the deactivation of a member’s account will still include the member’s data.
If you believe any materials accessible on or from the Website infringe your copyright rights, you may request removal of those materials (or access thereto) from this Website by contacting Twist Out Cancer and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Your name, address, telephone number and email address.
A statement that you have a good faith belief that the complained of use of the material is not authorized by you/the copyright owner, your/its agent or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Twist Out Cancer maintains a policy for the termination, in appropriate circumstances, of members of the Website who are repeat infringers.
Twist Out Cancer does not and cannot monitor or review all content posted or uploaded to the Website, and Twist Out Cancer is not responsible for such content. However, if you believe any materials accessible on or from the Website are inappropriate, harmful, illegal, or violate the rights of any person, you may request removal of those materials (or access thereto) from this Website by contacting Twist Out Cancer and providing the following information:
Identification of the material that you believe to be violating someone’s rights. Please describe the material, and where possible include a copy or the location (e.g., URL) of the material.
Your name, address, telephone number and email address.
A statement that you have a good faith belief that the complained of material should not on or accessible from the Website.
A statement that "under penalty of perjury" the information that you have supplied is accurate.
A signature or the electronic equivalent from you.
In an effort to protect its members, Twist Out Cancer maintains a policy for the termination, in appropriate circumstances, of members of the Website who are repeat offenders. However, you understand that by reporting such material, Twist Out Cancer is not obligated to take or refrain from taking any action. If there is a dispute between you and any third party (including, without limitation, any visitor or member), Twist Out Cancer is under no obligation to become involved.
Twist Out Cancer
PO Box 322
Chicago Il, 60690