Terms - #MyositisLIFE

TERMS OF SERVICE AND USER AGREEMENT

Myositis Support And Understanding Association

These terms and conditions outline the rules and regulations for the use of Myositis Support And Understanding Association’s Website.

Myositis Support And Understanding Association is located at:

9125 N Old State Rd Lincoln
19960 – DE, United States

The following terminology applies to these Terms and Conditions and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Organization’s terms and conditions. “MS&U,” MSU,”, ”#MyositisLIFE,” “Understanding Myositis,” “Myositis Support and Understanding,” “Ourselves,” “Ours,” “We” and “Us,” refers to our Organization, Myositis Support and Understanding Association, Inc. “The Site,” “site” and “website” refers to our website located at www.Myositislife.org and any domains that point to this website that we own. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

By using the site and/or making a purchase or online donation, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

For purposes of these Terms, “Your Content” means (a) the photos, videos, music, poems, memes, story content, post comments, or any other materials or content that you provide to us and grant permission for us to use and (b) your username, profile information, and social media “handle.”

License to use website

Unless otherwise stated, MSU and/or its licensors own the intellectual property rights of the site and material on the site. Subject to the license below, all of these intellectual property rights are reserved.

You may view, download for caching and personal purposes only, and print pages from the site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not do the following without permission:

Republish material from this website (including republication on another website) except to share on social networks.
Sell, rent or sub-license material from the website
Show any private or restricted material from the website in public
Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose
Edit or otherwise modify any material on the website

Acceptable use

You must not use the site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use the site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation: scraping, data mining, data extraction, and data harvesting) on or in relation to the site without MSU’s express written consent.

You must not use the site to transmit or send unsolicited commercial communications.

You must not use the site for any purposes related to marketing without MSU’s express written consent.

Restricted access

Access to certain areas of the site may be restricted. MSU reserves the right to restrict access to areas of this website, or indeed the entire site, at MSU’s discretion.

If MSU provides you with a user ID and password to enable you to access restricted areas of the site or other content or services, you must ensure that the user ID and password are kept confidential.

MSU may disable your user ID and password with sole discretion and without notice or explanation.

Disclaimer

The information contained on this website and provided by our organization, Myositis Support and Understanding Association, Inc., also known as MSU, (“the Site”) and associated networks are provided for informational purposes only and are not meant to substitute for medical or legal advice from your doctor or healthcare professionals. This information should not be used for diagnosing or treating a health problem or disease, or legal advice in any capacity. Always seek the advice of a qualified healthcare professional regarding any medical condition.

Posted links, advertising, and any other information do not constitute an endorsement of any website, organization, business, product, or service. MSU (nor any of our affiliates, board members, volunteers, etc.) can not be held responsible for any comments, opinions, or advice expressed within. Individual author, member, and guest author’s views are not our own.

Author’s views and opinions do not reflect those of MSU, its board members, volunteers, or sponsors. MSU does not endorse any specific provider, facility or treatment.

By submitting Your Content, you grant us permission to use and you agree:

Your Content:
-is your own original work;
-does not contain or reference any third-party brands or trademarks;
-does not contain nudity, pornography, hate speech, religion, or political views;
-does not infringe the copyright or any other rights of any third party;
-does not contain any illegal content or material; and
-you have the permission of all persons shown in Your Content to allow us to post their image and/or likeness on our websites and social media pages described in item 2 below.
- You acknowledge that Your Content may be used on and may be viewable by visitors to or followers of our websites (including but not limited to UnderstandingMyositis.org and MyositisLIFE.org) and social media pages (including but not limited to Facebook, Twitter, Instagram, YouTube, LinkedIn, and Pinterest). In addition, we may use your content in paid and unpaid promotions, including in print, on social media platforms and other websites.
- You grant us a royalty-free and fully-paid license to use, modify, and display Your Content throughout the world in any type of media now known or later devised for commercial, marketing, advertising, and public relations purposes in perpetuity.
- You acknowledge that we might not use Your Content and have no obligation to use, post, or publish Your Content even when you give us permission to do so.
- You agree to allow us to contact you through email, direct message, or as otherwise requested by you, regarding any request we may have related to Your Content.
Your Content will remain yours. If you do share it with another media outlet, please link to your original post on the #MyositisLIFE website and add that Your Content was originally published on #Myositis by Myositis Support and Understanding Association.

User submissions by contributing authors and members of the site (“User Content”) do not necessarily reflect the opinions or ideals of Myositis Support and Understanding Association, Inc., its employees, volunteers, board members, sponsors, or affiliates.

The User Content posted on the blog (a) does not represent or warrant the accuracy of any statement or product claims made here, (b) MSU is not responsible for any User Content on this site, and (c) MSU does not endorse any opinions expressed by its members on this Site or Blog.

User Comments

This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Myositis Support And Understanding Association does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or
opinions of Myositis Support And Understanding Association, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Myositis Support And Understanding Association shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Myositis Support And Understanding Association reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
2. The Comments do not infringe any intellectual property right, including without limitation copyright,
  patent or trademark, or other proprietary right of any third party;
3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material
  or material which is an invasion of privacy
4. The Comments will not be used to solicit or promote business or custom or present commercial activities
  or unlawful activity.
You hereby grant to Myositis Support And Understanding Association a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

No warranties

The site is provided “as is” without any representations or warranties, expressed or implied. MSU makes no representations or warranties in relation to the site or the information and materials provided on the site.

Without prejudice to the generality of the foregoing paragraph, MSU does not warrant that:

The site will be constantly available or available at all.
The information on the site is complete, true, accurate, or non-misleading.

Not Medical, Legal, or Financial Advice

Nothing on the site constitutes or is meant to constitute advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

The content on the site is for informational purposes only and is not meant to substitute for advice from your doctor or healthcare professionals. This information should not be used for diagnosing or treating a health problem or disease. Always seek the advice of a qualified healthcare professional regarding any medical condition. If you are having a medical emergency please contact your physician, proceed to your local Emergency Department, or call your local emergency phone number, such as 911 in the USA.

Information and statements provided by MSU should NOT be mistaken for medical advice. MSU does not recommend or endorse physicians, products, devices, opinions, advice, or any other information mentioned on the site. All content is for informational purposes only. Reliance on any information provided by the site is solely at your own risk.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on the site. You must not rely on the information on the site as an alternative to medical advice from your doctor or other professional healthcare providers.

Limitations of liability

MSU will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the site:

To the extent that the website is provided free-of-charge, for any direct loss
For any indirect, special, or consequential loss
For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data

These limitations of liability apply even if MSU has been expressly advised of a potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit MSU’s liability in respect of any:

Death or personal injury caused by MSU’s negligence
Fraud or fraudulent misrepresentation on the part of MSU
Matter which it would be illegal or unlawful for MSU to exclude or limit, or to attempt or purport to exclude or limit, its liability

Reasonableness

By using the site, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as an organization registered with the IRS as a 501(c)(3) nonprofit, MSU has an interest in limiting the personal liability of its officers, employees, and other non-paid titles. You agree that you will not bring any claim personally against MSU’s officers, employees, or other non-paid titles with respect to any losses you suffer in connection with the site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MSU’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors, as well as administrators, volunteers, board directors, board officers, managers, and ambassadors.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify MSU and undertake to keep MSU indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by MSU to a third party in settlement of a claim or dispute on the advice of MSU’s legal advisers) incurred or suffered by MSU arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to MSU’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MSU may take such action as MSU deems appropriate to deal with the breach, including suspending your access to the site, prohibiting you from accessing the site, blocking computers using your IP address from accessing the site, contacting your internet service provider to request that they block your access to the site, and/or bringing court proceedings against you.

Variation

MSU may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the site from the date of the publication of the revised terms and conditions on the site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

MSU may transfer, sub-contract, or otherwise deal with MSU’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and MSU in relation to your use of the site and supersede all previous agreements in respect of your use of the site.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to MSU’s use of cookies in accordance with the terms of the privacy policy, located on the Privacy policy page.

ANTI-SPAM POLICY

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk, or indiscriminate messages typically sent for a commercial purpose. MSU has a zero-tolerance spam policy.

Automated spam filtering

MSU’s messaging systems automatically scan all incoming email, blog post comments, and other messages, and filters out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by MSU’s systems. If you believe this has happened to a message you have sent, please advise the message recipient by other means.

You can reduce the risk of a message being caught by spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

User spam

MSU may provide a facility that may enable users to send email messages or private messages to others. Users must not use this facility to send unsolicited, bulk, or indiscriminate messages, whether or not for commercial purposes. Abuse of the MSU systems may result in a ban from our site.

Receipt of unwanted messages

In the unlikely event that you receive any message from us or sent using our systems that may be considered spam, please contact us using the details at the bottom of this policy and the matter will be investigated.

Changes to this anti-spam policy

MSU may amend this anti-spam policy at any time by publishing a new version on the site.

LINKING POLICY

Status of linking policy

MSU welcomes links to the site made in accordance with the terms of this linking policy. By using the site you agree to be bound by the terms and conditions of this linking policy.

Links to this website

Links pointing to the site should not be misleading. Appropriate link text should always be used. Contact us with questions on this term. An example for use as linking text is Myositis Support and Understanding, Empowering the Myositis Community. From time to time the URL structure of this website may be updated, and unless MSU agrees in writing otherwise, all links should point to https://UnderstandingMyositis.org. If you link to a specific page on one of the domains listed above, we ask that you periodically check the links to ensure accuracy.

You must never use the MSU logo to link to the site (or otherwise) without MSU’s express written permission.
You must not link to the site using any inline linking technique.
You must not link to the site from any website that promotes nudity, pornography, tobacco use, alcohol use, drug use (not including prescription medications), or from any site that requires you be 18 or older for use.

Links from this website

The site includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

MSU has no control over the contents of third party websites, and MSU accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should MSU request the deletion of a link to the site that is within your control, you will delete the link promptly. If you would like MSU to remove a link to your website that is included on our site, please contact MSU using the contact details at the end of this policy. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

If you would like MSU to remove a link to your website that is included on our site, please contact MSU using the contact details at the end of this policy. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

MSU may amend this linking policy at any time by publishing a new version on the site.

COPYRIGHT NOTICE

Ownership of copyright

The copyright in the site and the material on the site including without limitation the text, computer code, artwork, photographs, images, music, audio material, products, video material and audio-visual material on this website is owned by MSU and its licensors.

Copyright license

MSU grants to you a worldwide non-exclusive royalty-free revocable license to:

View the site and the material on the site on a computer or mobile device via a web browser
Copy and store the site and the material on this site in your web browser cache memory
Print pages from the site for your own personal and non-commercial use

MSU does not grant you any other rights in relation to the site or the material on the site. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public restricted area content on the site (in any form or media) without MSU’s prior written permission, unless used to share on social networking sites for promotion.

Data mining

The automated and/or systematic collection of data from the site is prohibited.

Permissions

You may request permission to use the copyright materials on the site by writing to info@UnderstandingMyositis.org or via mail at 9125 N. Old State Road, Lincoln, DE 19960.

Enforcement of copyright

If MSU discovers that you have used its copyright materials in contravention of the license above, MSU may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of MSU’s copyright materials that contravenes or may contravene the license above, please report this by email to info@UnderstandingMyositis.org or via mail to 9125 N. Old State Road, Lincoln, DE 19960.

Infringing material

If you become aware of any material on the site that you believe infringes your or any other person’s copyright, please report this by email to info@UnderstandingMyositis.org or via mail to 9125 N. Old State Road, Lincoln, DE 19960.

Copyright Fair Usage

The site may contain copyrighted material whose use has not been authorized by the copyright owners. This is a not-for-profit website and we use it here with the assumption that this is fair use as covered in section 107 of the US Copyright Law. If you wish to use this copyrighted material for purposes that go beyond fair use, you must obtain permission from the copyright owner. That said, we will immediately comply with any copyright owner who wants their material removed or edited.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Contact us

Should you have any questions about any of these terms and conditions, please contact Myositis Support and Understanding using the details set forth below:

Myositis Support and Understanding Association Inc. (MSU)

In writing: Myositis Support and Understanding, 9125 N. Old State Road, Lincoln, DE 19960

Via email: Info@UnderstandingMyositis.org

– Policy updated 11/22/2019