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- Privacy Policy
OUR COMMITMENT TO PRIVACY.
- A.)This Privacy Policy (“Privacy Policy”) sets forth the Brian Piccolo Cancer Research Fund (the “Piccolo Fund”) policies regarding the collection and use of information provided through the Piccolo Fund’s web site, www. brianpiccolofund.org (the “Site”). Please read the Privacy Policy carefully so that You understand exactly what information the Piccolo Fund collects about You during Your visit to the Site, how the Piccolo Fund may use Your personal information, the choices You have about how the Piccolo Fund uses Your personal information, and how the Piccolo Fund protects that information. By using the Site, You are accepting the practices described in this Privacy Policy. For the purposes of this Privacy Policy, “You” or “Your” shall refer to you as a User (as defined below).
- B.) It is Your responsibility to submit accurate information to the Site. If You prefer that the Piccolo Fund not collect any personally identifiable information from You, please do not provide the Piccolo Fund with any such information. When You submit Your personally identifiable and other information on the Site, You hereby consent to the collection, use and disclosure of such information as set forth in this Privacy Policy.
THE INFORMATION COLLECTED AND HOW IT IS COLLECTED.
- A.) Information You Provide. Generally, You may browse the Site without providing any personally identifiable information. However, the Piccolo Fund may ask that You provide information, including, without limitation, personally identifiable information, at various times and locations on this Site. For example, if You decide to post content to the Site, You will be asked to provide information such as Your name, address, phone number, and e-mail address. [Note: Will any further information be requested?] The Piccolo Fund may collect and store any personal information You enter on the Site.
- B.) Information Collected Automatically. When You visit the Site, the Piccolo Fund stores Your IP address and monitor Your activity on the Site. This information will not be stored in a manner that is personally identifiable with You. Also, in connection with Your visit to the Site, the Piccolo Fund may collect and disclose various categories of non-personally identifiable information, including, without limitation, aggregated statistics generated from visitors to the Site (“Users”). Any such information disclosed to unrelated third parties will not contain Your personally identifiable information.The Piccolo Fund uses “cookies” to help You access and navigate the Site more efficiently and to statistically monitor how many people are using the Site. A “cookie” is a small file or tool stored on the User’s hard drive containing information that allows the Piccolo Fund to deliver customized information to You. You may set Your browser to notify You of or decline the receipt of cookies; however, certain features of the Site may not function properly or be available if Your browser is configured to disable cookies.
The Piccolo Fund uses both “session” and “persistent” cookies on this Site. Session cookies are temporary bits of information that are erased once You exit Your web browser or turn off Your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of Your computer and stay there unless You delete the cookie. They store information on Your computer for a number of reasons, such as retrieving certain information You have previously provided (i.e., username and password), helping to determine what areas of the Site You find most valuable, and customizing the Site based on Your preferences on an ongoing basis. Persistent cookies placed on Your computer by this Site do not store any personal information.
C.) Information Collected by Third Parties. The Piccolo Fund may allow third parties to display advertisements on the Site. The Piccolo Fund and these companies may use tracking technologies, such as cookies, to collect information about Users who view or interact with these advertisements and connect to the Site. The Piccolo Fund does not provide any personal information to these third parties unless You have provided consent. This information allows the Piccolo Fund and these companies to deliver targeted advertisements and gauge their effectiveness. Some of these third party companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt-out of advertisements targeting from member companies.
- D.) Emails You Send to the Piccolo Fund. When You send an email to the Piccolo Fund, either through the “Contact Us” area of the Site or otherwise, the Piccolo Fund may retain Your email address and the contents of the email You send. This Privacy Policy does not apply to content, business information, ideas, concepts or inventions that You send to the Piccolo Fund by email. Please refer to the Terms of Use for the Piccolo Fund’s policy with respect to such information. If You want to keep any information private or proprietary, please do not send such information in an email or otherwise post such information to the Piccolo Fund.
THE WAY INFORMATION IS USED.
When You provide the Piccolo Fund with Your personally identifiable information, the Piccolo Fund may use such information to facilitate communication with You, notify You of features or special events, manage our User registry and provide You with other information the Piccolo Fund feels may be of interest to You. The Piccolo Fund also uses information the Piccolo Fund collects to customize, analyze, adjust and improve the Site to meet the Users’ needs and expectations. The Piccolo Fund uses the information to enforce the Piccolo Fund’s agreements with You, to prevent fraud and other prohibited or illegal activities and for other legally permissible purposes. These uses of Your personally identifiable information may include, without limitation, the following:
- A.) E-Newsletters. You may choose to receive a newsletter via email from the Piccolo Fund which may include information such as highlights from different areas on the Site and information about new features. You can unsubscribe from the newsletter at any time by clicking on the “unsubscribe” link at the bottom of any email newsletter sent to You and following the instructions.
- B.) User Content. The Piccolo Fund features certain areas where Users can share information. Other visitors to the Site may view information posted in such areas of the Site. Further, the Piccolo Fund may include all or a portion of the information posted in such areas in the newsletters described above. By using the Site, You hereby acknowledge and agree that any information You share (including, without limitation, personally identifiable information) is available to the public. Information You post to the Site may be viewed, accessed, or collected by, or disclosed to, third parties and may be used by others in ways neither You nor the Piccolo Fund are able to control or predict, including, without limitation, to contact You for unauthorized purposes.
WITH WHOM YOUR INFORMATION IS SHARED.
Except as otherwise provided in this Privacy Policy, the Piccolo Fund will not give, share, sell, or trade Your personally identifiable information to or with any third parties in any way other than under the following circumstances:
- A.) Affiliates. The Piccolo Fund may share Your personally identifiable information with the Piccolo Fund’s affiliates and partners, who may use Your information for purposes similar to the purposes for which the Piccolo Fund collects such information. The Piccolo Fund requires all such companies to comply with the terms of the Piccolo Fund’s Privacy Policy.
- B.) Fulfillment of Services. The Piccolo Fund may retain other companies and individuals to perform functions consistent with the Privacy Policy on the Piccolo Fund’s behalf. Examples include Web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms, donation services firms and email service providers. Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose.
- C.) Compliance with Law and Fraud Protection. The Piccolo Fund may disclose any information, including, without limitation, personally identifiable information, the Piccolo Fund deems necessary, in its sole discretion, to comply with any applicable law, regulation, legal process or governmental request. The Piccolo Fund may also exchange information, including, without limitation, personally identifiable information, with other companies and organizations for credit fraud protection, risk reduction and related activities. The Piccolo Fund reserves the right to disclose personally identifiable information for a User who the Piccolo Fund believes is in violation of the Terms of Use, even without a subpoena, warrant, or other court order.
- D.) Sale or Transfer of Information. In the event of a sale, merger, liquidation, dissolution, or sale or transfer of substantially all of the assets of the Piccolo Fund, personal Information and/or other information collected about You from the Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity and/or assets of the Piccolo Fund in order to permit the party to continue the operation of the Site. Subject to Your ability to opt-out, by using this Site and submitting Your information to the Piccolo Fund, You consent to the sale and transfer of Your information as described in this paragraph.
Except as described above, the Piccolo Fund will not disclose Your personal information to other third parties unless You have provided consent.
THIRD-PARTY LINKS.
The Piccolo Fund may provide links to third-party Web sites as a service to Users. Please be aware that the Piccolo Fund cannot control and are not responsible for the information collection practices of such Web sites, which may differ from those of the Piccolo Fund. The Piccolo Fund encourages You to review and understand the privacy policies of these Web sites before providing any information to them.
YOUR RIGHTS, OUR OBLIGATIONS.
The Piccolo Fund respects the privacy of Your personal information. If You tell the Piccolo Fund that You do not wish to have this information used as a basis for further contact with You, the Piccolo Fund will respect Your wishes. You can also choose not to provide the Piccolo Fund with certain information, but that may result in You being unable to use certain features of the Site.
You may instruct the Piccolo Fund to stop sending You certain promotional materials (e.g., e-mail messages, catalogues, postcards and letters) by following the unsubscribe instructions provided in those materials.
If You wish to opt-out of any continued communication (direct mail, telephone, fax or e-mail communications), please click here [please provide hyperlink]. The Piccolo Fund will process an opt-out request as soon as reasonably practicable. If You choose to opt-out of further communications, the Piccolo Fund will keep Your e-mail address, phone number, name and physical address on file for the purpose of honoring Your opt-out request.
If You wish to speak to a representative about Your privacy choices, please call: [provide contact number here].
You may also write to the Piccolo Fund at:
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
Attention: Privacy Administrator
DATA SECURITY.
The Piccolo Fund maintains a variety of physical, electronic, and procedural safeguards designed to protect Your personal information from unauthorized access and disclosure. For example, the Piccolo Fund uses accepted tools and techniques to protect against unauthorized access to the Piccolo Fund’s systems. In addition, the Piccolo Fund works to protect the security of Your personal information when utilizing the Site by using well-known Internet encryption technologies, such as Secure Sockets Layer (SSL). You should be aware that the Piccolo Fund has no control over the security of other sites on the Internet You might visit or interact with even when a link may appear to said site from ours.
The Piccolo Fund wants You to feel confident using the Site. However, no system can be completely secure. Therefore, although the Piccolo Fund takes steps to secure Your information, the Piccolo Fund does not promise, and You should not expect, that Your personal information, searches, or other communications will always remain secure. In the event of a breach of the confidentiality or security of Your personal information, the Piccolo Fund will notify You as necessary so You can take appropriate protective steps. The Piccolo Fund may notify You under such circumstances using the e-mail address(es) the Piccolo Fund has on record for You, and if You did not provide an e-mail address, by regular mail. Users should also take care with how they handle and disclose their personal information. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
THE SITE IS NOT FOR USE BY CHILDREN.
The Site is a general audience site, and the Piccolo Fund does not knowingly market to, solicit information, or accept service from children under the age of 13. If a child under 13 submits information about themselves to the Piccolo Fund through any part of the Site, and the Piccolo Fund becomes aware that the person submitting the information is a child, the Piccolo Fund will attempt to delete this information as soon as possible. The Piccolo Fund requires that only persons 18 years of age or older use the Site. By using the Site, You hereby represent that You are at least 18 years old.
HOW CAN I REVIEW, UPDATE OR CORRECT MY INFORMATION?
If You would like to review, update or correct Your information, please click here [please provide hyperlink].
CHANGES TO THIS PRIVACY POLICY.
The Piccolo Fund will occasionally update this Privacy Policy to reflect changes in the Piccolo Fund’s practices. When the Piccolo Fund makes changes to this Privacy Policy, the Piccolo Fund will post the revised Privacy Policy, together with a description of the modifications made. The Piccolo Fund recommends that You check the Site from time to time to inform yourself of any changes in this Privacy Policy or any of the Piccolo Fund’s other policies.
QUESTIONS ABOUT THIS PRIVACY POLICY.
If You have questions or concerns about this Privacy Policy or request that the Piccolo Fund not use Your personal information for a particular purpose, please contact the Piccolo Fund. The Piccolo Fund tries to answer all inquiries within a reasonable time, but may not always be able to do so.
OTHER INFORMATION ABOUT OUR PRIVACY PRACTICES.
- A.) California Residents. If You are a resident of California, in addition to the rights set forth in this Privacy Policy, You have the right to request information from the Piccolo Fund regarding the manner in which the Piccolo Fund shares certain categories of personal information with third parties for their direct marketing purposes. As stated above, the Piccolo Fund does not share such information with such parties unless You have requested the Piccolo Fund to do so, or have otherwise consented, and then subject to Your right to opt-out of sharing Your personal information for third party marketing purposes.
- B.) Visiting the Site from Outside the United States. The Piccolo Fund’s Site is hosted in the United States. The Site is governed by United States law. If You are visiting the Site from outside the United States, please be aware that Your information may be transferred to, stored, and processed in the United States where the Piccolo Fund’s servers are located and the Piccolo Fund’s central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in Your country. By using the Site, You consent to Your information being transferred to the Piccolo Fund’s facilities and to the facilities of those third parties with whom the Piccolo Fund shares it as described in this Privacy Policy.
- C.) No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties.
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
Attention: Sarah Finnegan, Coordinator
Phone: 312.563.4953
Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
ACKNOWLEDGEMENT AND ACCEPTANCE.
- A.) Welcome to www.brianpiccolofund.org (the “Site”), the web site of The Brian Piccolo Cancer Research Fund (the “Piccolo Fund”). This Site is owned and operated by the Piccolo Fund and is being provided to users of the Site (“Users”) under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by the Piccolo Fund (collectively, the “Terms of Use”). These Terms of Use govern Users’ access to and use of the Site. For the purposes of these Terms of Use, “You” or “Your” shall refer to you as a User.
- B.)This Site is controlled and offered by the Piccolo Fund from facilities in the United States of America and is intended for use by United States residents only. The Piccolo Fund makes no representations that the Site is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access this Site, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
- C.) CAUTION: READ THE FOLLOWING AGREEMENT CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BE BOUND TO THE TERMS OF USE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE.
d. NO INFORMATION CONTAINED ON THIS SITE SHOULD BE CONSTRUED AS MEDICAL ADVICE OR INSTRUCTION.
ACKNOWLEDGEMENT OF LICENSE GRANT AND SITE CONTENT.
- A.) Subject to these Terms of Use, the Piccolo Fund hereby grants You a nonexclusive, nontransferable right to (i) access the Site; (ii) access the information, materials, reports, text, graphics, images, sound files, animation files, video files and any other material made available through the Site (the “Content”) and (iii) download, print and use one copy of the Content for Your personal or internal use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms of Use and is a violation of law.
- B.) You will protect the Content from unauthorized copying or use. Modifications of, additions to, or deletions from the Content are strictly prohibited. Except as specifically permitted in this Agreement, You shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this Agreement or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law); or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Content. Reproduction of the Content in any form or by any means, including but not limited to information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without the Piccolo Fund’s written permission is forbidden. Upon request, You will provide the Piccolo Fund with evidence of compliance with this Section. Any special rules for the use of certain software and other Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.
- C.) The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by the Piccolo Fund and material owned or controlled by third parties and licensed to the Piccolo Fund. Except for Content You post to the Site, which is subject to Section 6 below, title to all Content remains with the Piccolo Fund or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by the Piccolo Fund. Any questions regarding use of the Content should be directed to [insert email address].
USER CONDUCT.
- A.) You agree that when using the Site, You will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, You specifically agree that:
- i. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
- ii. You will not post information on or download information from the Site unless You have all rights and authority necessary to do so.
- iii. You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Site, including but not limited to, text, graphics, audio, and video files.
- iv. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of the Piccolo Fund. You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
- v. You will not impersonate another person or entity, including but not limited to, a Piccolo Fund representative, or communicate under a false name or a name that You are not entitled or authorized to use.
- vi. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.
- vii. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
- viii. You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- ix. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Piccolo Fund servers, Piccolo Fund software, or any areas of the Site not intended for Your access.
- x. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by the Piccolo Fund for such purposes.
- xi. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
- xii. The Piccolo Fund neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of the Piccolo Fund. The Piccolo Fund has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities. The Piccolo Fund shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.
- B.) If You post communications or other content to the Site, You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found on the Site. The Piccolo Fund is not responsible for the consequences of any communications on the Site. The Piccolo Fund attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, the Piccolo Fund cannot and does not monitor the Site at all times and makes no guarantee with respect to Your experience. Anyone who feels that a posted message or image is objectionable is encouraged to notify the Piccolo Fund immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
- C.) The Piccolo Fund reserves the right (but is not obligated) to, without limitation: (i) record the communications on the Site; (ii) investigate any allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication; (iii) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the guidelines in this Section or otherwise with these Terms of Use; (iv) monitor, edit, or disclose any communication on the Site; and/or (v) edit or delete any communication posted on the Site, regardless of whether such communications violates these standards, each in the Piccolo Fund’s sole discretion.
MEDICAL DISCLAIMER.
The Content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. The Piccolo Fund does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained at or through the Site is solely at Your own risk. In consideration for Your use of this Site, You agree that the Piccolo Fund or any other party involved in producing or delivering this Site will not be liable to You for any action or non-action that You take in reliance upon the information provided on this Site. Call Your health care provider immediately if You think You may have a medical emergency. Always seek the advice of Your physician or other qualified health provider prior to starting any new treatment or if You have any questions regarding a medical condition. You acknowledge that health care information changes continually with advances in medical research, and that this Site, which is updated periodically, may not contain the most recent, complete or useful information at the time You access the Site. You understand that the health care providers whose information is available on the Site are not the agents or employees of the Piccolo Fund.
PRIVACY POLICY.
Information submitted by Users through their use of the Site will be treated in accordance with the Piccolo Fund’s privacy policy . The Piccolo Fund will not disclose any personally identifiable information about a User unless authorized by that User or unless the Piccolo Fund is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of the Piccolo Fund; or (c) enforce these Terms of Use.
USER CONTENT AND ARTWORK.
- A.) As a User, You may submit textual content (“User Content”). You understand that whether or not such User Content is published, the Piccolo Fund does not guarantee any confidentiality with respect to any User Content.
- B.) You shall be solely responsible for Your own User Content and the consequences of posting or publishing it. In connection with User Content, You affirm, represent, and/or warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Piccolo Fund to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use.
- C.) For clarity, You retain all of Your ownership rights in Your User Content. However, by submitting User Content to the Site, You hereby grant the Piccolo Fund a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and the Piccolo Fund’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access Your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. You understand and agree, however, that the Piccolo Fund may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by You in User Comments are perpetual and irrevocable.
- D.) You further agree that (i) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant the Piccolo Fund all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.]
- E.) The Piccolo Fund does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Piccolo Fund expressly disclaims any and all liability in connection with User Content. The Piccolo Fund does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and the Piccolo Fund will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. The Piccolo Fund reserves the right to remove Content and User Content without prior notice.
COPYRIGHT NOTIFICATION.
The Piccolo Fund does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and the Piccolo Fund will remove all Content and User postings if properly notified that such Content or User postings infringe on another’s intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User posting or other Content on the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- 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 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.
Please contact the Piccolo Fund’s designated Copyright Agent [include Copyright Agent information here] to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Piccolo Fund’s customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
TRADEMARKS
The Piccolo Fund and the Piccolo Fund’s logo and other product and service names of the Piccolo Fund are trademarks of the Brian Piccolo Cancer Research Fund (the “Piccolo Fund Marks”). You agree not to display, reproduce or otherwise use in any manner the Piccolo Fund Marks without the Piccolo Fund’s prior written permission.
LINKS.
The Site may provide links to other Web sites or resources. The Piccolo Fund is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Piccolo Fund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. The Piccolo Fund provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.
DISCLAIMER OF WARRANTIES.
- A.) THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE PICCOLO FUND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PICCOLO FUND MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, NOR DOES THE PICCOLO FUND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE.
- B.) ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PICCOLO FUND OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- C.) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
LIMITATION OF LIABILITY.
THE PICCOLO FUND SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE PICCOLO FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- B.) IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THESE TERMS OF USE.]
- C.) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
USER FEEDBACK
The Piccolo Fund is pleased to hear from Users and welcomes Your comments regarding the Site. Please be advised, however, that the Piccolo Fund does not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send Your unsolicited ideas or any original materials to the Piccolo Fund or anyone at the Piccolo Fund. If, despite this request, You still send the Piccolo Fund Your ideas and materials, please understand that by submitting the information through this Site, You assign the Piccolo Fund, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit. We will be entitled to use any information and materials You submit through this Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to the Piccolo Fund that You have the right to do so.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Piccolo Fund, its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with Your use of or access to the Site, Your violation of these Terms of Use, or Your posting of any objectionable material.
MODIFICATION, WAIVERS, INTEGRATION
The Piccolo Fund may modify these Terms of Use from time to time. Upon any material modification to these Terms of Use, the Piccolo Fund will post the modified Terms of Use, together with a description of the modifications made. The modified Terms of Use will be effective immediately upon its posting on the Site. Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes Your agreement to abide and be bound by such terms, as modified. Should You object to any modification, Your sole recourse is to stop using the Site. These Terms of Use may not otherwise be modified, except in a writing signed by both parties. The Piccolo Fund reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to You, and is not obligated to support or update the Site. The Piccolo Fund shall not be liable to You or any third party in the event that the Piccolo Fund exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. These Terms of Use constitutes the entire agreement of the parties with respect to the matters contemplated hereby.
NO RESALE OF THE SITE
Your right to use the Site is personal to You. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of the Piccolo Fund.
ASSIGNMENT
You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without the Piccolo Fund’s prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by You without the Piccolo Fund’s consent will be void. These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.
GOVERNING LAW, JURISDICTION, ETC.
These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the State of Illinois, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the State of Illinois. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.
THIRD PARTIES
These Terms of Use shall confer no rights upon any other party other than the parties hereto.
PARTIAL INVALIDITY
The invalidity or unenforceability of any one or more Sections of these Terms of Use shall not affect the validity or enforceability of its remaining provisions.
SECTION HEADINGS
Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.
ACKNOWLEDGMENT
You acknowledge that You have read and understand these Terms of Use, and that these Terms of Use has the same force and effect as a signed agreement.
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
Attention: Sarah Finnegan, Coordinator
Phone: 312.563.4953