LLS COMMUNITY WEBSITE
Recent Changes of Note
Welcome to the LLS Community website located at community.lls.org (“Website”). This Website is owned and operated by the Leukemia & Lymphoma Society (“LLS”, “we” and “us). LLS provides users with a means of learning from the real-life experiences of others who deal with blood cancers and helping others by sharing your own experiences by operating the Website, by developing and displaying content, by enabling the display of user-authored content, questions, comments, and information on the Website, and by providing users with access to various tools and features, including proprietary software of LLS and its licensors (“Services”).
1. Your Acceptance
2. Accounts, PASSWORDS AND SECURITY
A. In order to access some features of the Website, such as uploading Community Submissions (as defined below) or participating in surveys, you will have to register as a Website user and create a LLS account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information, and you must maintain and promptly update your account information to keep it accurate, current and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LLS immediately of any breach of security or unauthorized use of your account. If you do not keep your account password secure and there is unauthorized use of your account, you may be liable for harm caused by such unauthorized use to LLS or others. Because maintaining the security of your account password is your responsibility, LLS is not liable for unauthorized use of your account.
3. Community Forum
A. Community Submissions
- For clarity, you retain all of your ownership rights in your Community Submissions. However, by submitting Community Submissions to LLS, you hereby grant LLS a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the Community Submissions in connection with the Website and Services, and LLS's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now know or hereinafter invented. The license may also be exercised by LLS through third parties performing services for LLS (e.g. technology partners, service providers and independent contractors).
B. Community Interactions
- LLS has no responsibility for how Users of the Website may use or disclose information posted on the Site. You acknowledge and understand that any content you may submit will be seen by others, may be published and available to the general public, and is subject to re-disclosure by others. PLEASE CAREFULLY CONSIDER THE CONFIDENTIALITY IMPLICATIONS OF ANY COMMUNITY SUBMISSIONS. Your interactions with other Users on the Website are solely between you and the User. You agree that LLS shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or with respect to any other User's use or disclosure of your Personal Information (as defined below).
- The Site may contain public forums, online communities, bulletin board services, chat areas, email services, news groups, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are lawful and otherwise proper.
- If there is a dispute between you and any User or other third party, LLS is under no obligation to become involved. You hereby release LLS and its officers, directors, employees, agents and contractors, from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the Website and/or Services.
If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
4. YOUR USE OF WEBSITE CONTENT
The following terms and conditions apply to your access and use of all content available on or through the Website and Services (“Content”), including, videos, photographs, images, music, audio, film, text, information, software, interactive features, tools, scripts and design.
A. You may access, view and play Content, including Community Submissions, solely:
- for your information and personal, noncommercial use;
- as intended through the normal functionality of the Website.
B. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.
C. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website.
D. You understand that when using the Website, you will be exposed to Content from a variety of sources, and that LLS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Community Submissions. Community Submissions do not represent the views of LLS or any individual associated with LLS, and LLS does not endorse any Community Submission or any opinion, recommendation, or advice expressed therein. You further understand and acknowledge that you may be exposed to Community Submissions that are inaccurate, offensive, indecent, or objectionable. LLS expressly disclaims any and all liability in connection with Community Submissions, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LLS with respect thereto. By using the Website and Services, you assume all associated risks.
5. General Use of the Website and services – Restrictions
The Website and Services are made available for your access and use, provided that:
A. You agree not to copy or distribute in any medium any part of the Website or Services without LLS's prior written authorization, including Community Submissions.
B. You agree not to alter or modify any part of the Website or any of its related technologies, or create derivative works or other products or services based upon the Website or Services.
C. You agree not to collect, use or disclose any personal information of any User or third party collected, derived or associated with your use of the Website or Services, including name, address, phone number, email address, financial information, other personally identifiable information and any information provided by any User in registering or creating an account with LLS (collectively “Personal Information”).
D. You agree not to use the Website or Services for any commercial use, without the prior written authorization of LLS. Prohibited commercial uses include any of the following actions taken without LLS's prior written approval:
- sale of access to the Website or any Services, whether on another website or otherwise;
- use of the Website or Services, for the primary purpose of gaining advertising or subscription revenue;
- the use or sale of any Personal Information; and
- any use of the Website or any Services that LLS finds, in its sole discretion, to use LLS's resources or Community Submissions with the effect of competing with or displacing the market for LLS, its Content or Community Submissions.
E. You agree not to: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or Services or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Services or the Content therein.
G. You agree not to use or launch any automated means, including spiders, robots, crawlers, scrapers or the like, to download data from the Website.
H. You agree not to violate any applicable laws, rules or regulations, whether federal, state or local or of any foreign jurisdiction or use the Website or Services in a way for unlawful purposes or that constitutes or encourages any unlawful activities.
I. You also agree not to submit, email, or otherwise make available any Community Submission or use the Website or Service in any way that:
- is obscene, pornographic or profane;
- is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or invasive of another's privacy;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
- is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- includes personal or identifying information about another person without that person's express consent;
- impersonates any person or falsely states or otherwise misrepresents your affiliation with a person or entity, including misleading email or IP addresses, or forged headers or otherwise manipulated identifiers;
- causes the repeated posting of the same or similar Content;
- creates, sends, or enables anything that constitutes or contains “junk mail”, “chain letters”, “spam”, or unsolicited mass mailing; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. No Endorsement or Recommendations
LLS does not control, recommend, or endorse any specific physicians, health care providers, medical facilities, tests, procedures, opinions, services, products (including devices and pharmaceuticals), processes, treatments, or other information that you may access through the Site or the Service. LLS does not control any User Content and does not guarantee the accuracy, integrity, or quality of any User Content or Site content, except to the extent we expressly specify otherwise.
7. LLS Is Not Covered by HIPAA
In operating the Website and Services, LLS is not acting as a covered entity under the administrative simplification provisions under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (commonly called HIPAA) or as a health care provider under various state health information confidentiality laws. Any Community Submissions that you post or other information that you provide will not be subject to Federal or State laws protecting privacy, security, and confidentiality of health information.
8. Not Medical Advice
A. All content on the Website and provided through the Services is general in nature and is provided for informational purposes only. The content of this Site may not contain all information that may apply to your situation.
B. The information on the Website and provided through the Services is not medical or health care advice. Nothing contained on the Website and provided through the Services is intended to be professional medical advice, diagnosis, or treatment. You should not rely on information published on the Website and provided through the Services as a substitute for professional medical advice, diagnosis, or treatment.
C. Always consult with a physician or other health care professional if you have any concerns or questions about your health or medical condition. Never disregard, avoid, or delay obtaining medical or health care advice or services from your health care professional because of something you may have read on the Website or been provided through the Services.
9. Not for Emergencies
IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THE WEBSITE OR SERVICES TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES. DO NOT USE THE WEBSITE OR SERVICES TO COMMUNICATE ABOUT A MEDICAL EMERGENCY OR OTHER URGENT SITUATION.
You agree that LLS has the right, but is not obligated, to monitor your use of the Website, Services, and any Communications Services. You release LLS from any liability related to its monitoring activities. Any message posted or transmitted through the Communications Services expresses only the views of the author of the message and does not necessarily reflect the views of LLS or any person or entity associated with LLS. Neither LLS nor any person or entity associated with LLS, will be held responsible for the contents, accuracy, completeness or validity of any information posted through the Communication Services. Any user who believes that a posted message is objectionable is encouraged to contact LLS immediately by using the report abuse feature on the site.
11. Not the Practice of Medicine or Other Health Care Services
This Website, the Services and all Content are not intended to be, and must not be taken to be, the practice of medicine, the practice of other health care services, or recommendations of care. Your use of the Website and the Services does not create a physician/patient, provider/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of LLS. YOU ALWAYS SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO YOUR MEDICAL CONDITION.
A. The Website and Services may contain links to third party websites that are not owned or controlled by LLS. All such links are provided solely as a convenience to you. LLS has no control over, and assumes no responsibility for, the content, products, services, privacy policies, or practices of any third party websites. LLS does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, products or services located or accessible from any other websites, or the results that you may obtain from using any other websites. By using the Website and Services, you expressly relieve LLS from any and all liability arising from your use of any third-party website.
B. LLS reserves the right to change, suspend or discontinue any aspect of the Website or Services at any time, without notice and at its sole discretion. LLS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services or any portion thereof.
C. LLS is not responsible for the back-up of any of any Community Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Website or Services. You are solely responsible for maintaining back-ups of your Submissions and any information generated or stored through the use of the Services.
D. LLS is not responsible or liable to you or any other person for its cooperation with any law enforcement authorities, court order, subpoena or governmental authority requesting or directing LLS to disclose the Personal Information of any User or the use or disclosure of Personal Information to protect our rights, customers or business.
E. From time to time, LLS may establish and modify policies concerning use of the Website and Services including the maximum number of days that Community Submissions will be retained, the maximum number of and size of Community Submission files and objects, the maximum storage allotted by LLS for use by Users, the maximum number of times and duration for which you may access the Website in a given period of time, and the maximum bandwidth used by your Community Submissions.
A. You may deactivate your LLS account at any time, for any reason, by following the instructions on the Website.
D. If LLS terminates your account or denies you access to the Website, you agree to destroy all materials obtained from the Website and all copies of those materials with the exception of your personal customer account related materials and personal health data.
14. Your Representations and Warranties
15. DisclaimersYOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, AND LLS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. LLS ASSUMES NO LIABILITY OR Responsibility FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY acts, omissions and conduct of any Users, advertisers and/or other parties referenced on or through the Website or Services; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LLS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES.
If you rely on any Content provided through the Website or Services, then you do so solely at your own risk.
16. Limitation of Liability
B. Your sole and exclusive remedy from any use of, or inability to use the website, services, content or products, shall be for you to discontinue use of the Website and Services.
A. All trademarks, service marks, trade names and other source indicators of LLS, including the “Leukemia & Lymphoma Society” name and trademark and the “LLS Community” name and trademark are the sole and exclusive property of LLS. You will not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify LLS trademarks in any way, including in advertising or publicity pertaining to distribution of Community Submissions, without LLS's prior written consent.
B. LLS (and/or its suppliers) owns all right, title and interest in and to all elements of the Website and Services (other than Community Submissions), including Content, general design, software, interactive features, functionality and the like, and all copyright, patent, trademark and trade secret and other rights therein, as well as all information collected on or via or otherwise derived from the Website and/or Services, and you understand and agree that you receive no ownership rights in and to the Website, Services or Content (excluding your own Community Submissions). LLS reserves all rights not expressly granted in and to the Website, Services and Content.
D. LLS will not be liable for any delay or failure to perform any of its obligations hereunder by reason of fire, explosions, earthquakes, storms, flood, wind, drought and acts of God or the elements; court orders; acts, delays and failures to act by civil, military or other governmental authority; failures of suppliers, service providers or other third parties; strikes, lockouts, labor disputes, riots, insurrections, terrorism, sabotage and war; breakdown or destruction of, or damage or casualty to, any equipment, facilities or other property not caused by LLS, unavailability of materials, supplies, parts, equipment, personnel or other necessary items on commercially reasonable terms; interruption, suspension, curtailment or other disruption of utilities; or other matters beyond LLS’s reasonable control, whether or not similar to the foregoing.
F. Any notice or other communication under this Agreement given by LLS to you will be effective if: (a) sent via email to your email address specified in your LLS account; or (b) posted on the Website (and you are responsible for reviewing the Website for any such notices and communications). To be effective, any notice or other communication under this Agreement given by you to LLS must be: (y) delivered to the intended recipient; and (z) in writing and must be sent to LLS by prepaid registered mail, receipted commercial courier, or electronically receipted facsimile transmission, at the following address:
The Leukemia & Lymphoma Society Inc.
Attn: SVP Legal and Enterprise Risk Management
3 International Drive, Suite 200
Rye Brook, NY 10573
LLS may from time to time change such address by giving Seller notice thereof in accordance herewith.