Last modified March 20, 2017
1. YOUR ACCEPTANCE
3. LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by the ABF. The ABF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, the ABF will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE ABF, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE ABF PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with the ABF in writing, You may link to the Service from Your website, subject to the following: (1) You may not frame the Service or any portion of the Service; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the ABF name and not the ABF logo; (4) You may not use the ABF logo in any way; (5) You may not use the link in any way that suggests that the ABF is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages the ABF or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Service at any time for any reason or no reason.
4. DISABLING OR TERMINATING YOUR ACCOUNT
The ABF may, at its sole discretion, disable or terminate the accounts of any users for any reason, including, but not limited to, the accounts of users who post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.
5. RESTRICTIONS ON USE OF THE SERVICE
In Your use of the Service, You will not:
- use the Service for any purpose other than for using the features we intentionally make available to You;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- post, transmit or submit any information that the ABF, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law, including but not limited to naked or semi-naked photos or images;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- copy, download or distribute any part of the Service in any form or medium without the prior written authorization of the ABF;
- alter, modify or make derivative works from any part of the Service without the prior written authorization of the ABF;
- provide false personal information or create an account for anyone other than Yourself without permission;
- create another account without our permission, if we have disabled Your account;
- let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or Your affiliation with someone else;
- collect personally-identifiable information of other users;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
- solicit other users to join, become members of, or contribute money to any online service or other organization;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
- stalk or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion forum on the Service to advertise or perform any commercial solicitation.
The ABF believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, You may not post, transmit or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.
6. USER SUBMISSIONS
- You understand that when using the Service, You may be exposed to User Submissions from a variety of sources, and that the ABF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE ABF PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE ABF PARTIES, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
7. INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the ABF, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The ABF owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service may violate copyright, trademark, and other laws. AMERICAN BRAIN FOUNDATION, ABF, OUTSMART BRAIN DISEASE and the ABF logo are trademarks of the ABF.
For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The ABF reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by the ABF in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by the ABF. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.
You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under this Agreement, the Service, or any content or materials accessible through the Service, in whole or part.
The ABF takes no responsibility for advertisements or any third party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that the ABF is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE ABF PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER THE LAWS OF THE STATE OF MINNESOTA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which the ABF has referred or linked users, infringes upon Your intellectual property rights, 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) and 512(d) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
- 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 us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
- 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
- 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.
- Notification pursuant to the DMCA should be submitted to:
201 Chicago Ave
Minneapolis, MN 55415
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to the ABF without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
10. TRADEMARKS AND CELEBRITY MATERIAL
- The ABF responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
- Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You don’t have the celebrity’s permission.
- If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 9 above.
- To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
- When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.
You warrant and represent to the ABF as set out below:
a) The information provided to the ABF in any registration screen, profile, email, posting, telephone call or through other means including all personal details, contact details and all other data provided to the ABF, is true in all respects, up-to-date and not misleading.
b) You will keep the information referred to in paragraph (a) up to date.
c) You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity (however, this will not prevent You from using an adopted name provided the name is used lawfully and in good faith).
d) You will use the Service lawfully and in good faith.
e) You will keep Your log-in details secure and will not share such information with third parties.
12. DISCLAIMER OF WARRANTIES
14. LIMITATIONS ON LIABILITY
THE ABF PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE ABF PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE ABF’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) USER CONTENT, THIRD PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ABF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by the ABF from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
15. EQUITABLE RELIEF
16. SUBPOENA FEES
If the ABF has to provide information in response to a subpoena related to Your account, then We may charge You for our costs. These costs may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
18. CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
19. EXPORT CONTROL
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.
Donations provided through the Service go to Blackbaud Merchant Services, a third party payment processor, and are disbursed to the ABF.
If You have questions, please contact the ABF by emailing us at [email protected] or writing us at 201 Chicago Ave, Minneapolis, MN 55415.