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Re-Mission2.ORG

TERMS & CONDITIONS AGREEMENT

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Last updated January 1, 2013

Who We Are

We’re Re-Mission2! Re-Mission2 is a website owned and operated by the HopeLab Foundation Inc. (referred to from now on as “Re-Mission,” “HopeLab,” “we” or “our“) and is designed to teach people about cancer through games. These Terms and Conditions (the “Agreement”) along with our Privacy Policy govern your use of the Re-Mission website located at www.re-mission2.org. If you have any questions about these Terms and Conditions or our Privacy Policy, please contact us at [email protected].

When you access the Site or any webpage that Re-Mission provides (collectively, the “Sites“), you agree to these Terms and Conditions and all additional Rules of any games or other services made available from time to time on the Sites. Altogether, these Terms and Conditions and any Rules are known as the “Terms.” If you do not agree, or if you fail to follow the Terms, you can be denied access to the Sites without notice.

THESE TERMS CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU.

 

Our Site is going to grow and change over time, we hope in ways that make it more useful to you. Therefore, we must reserve the right at any time to:

Any changes we make will be effective immediately upon our making such changes available on the Sites or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Site thereafter constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Information Provided in Connection with the Sites.

Please note that any information provided on, by or through the Site, including but not limited to data, text, software, images, audio and video clips, links and references (collectively, the “Information“), is provided for informational and educational purposes only. The Information contained in the Site while hopefully informative and helpful, is not intended to provide a broad understanding and knowledge of healthcare topics.

License And Code of Conduct

Subject to your agreement and continuing compliance with these Terms, Re-Mission grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Sites solely for your own non-commercial entertainment purposes. However, you may not:

You MAY create a hyperlink from your own webpage(s) to the Site for your own use, so long as the link does not portray the Site or Re-Mission in a false, misleading, derogatory, or otherwise offensive matter.

Access By Minors.

You will not be required at any time to provide accurate, verifiable information concerning your identity and/or age.  Re-Mission wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be considered harmful to minors. Information identifying current providers of such protections is available at the web site of http://www.GetNetWise.org.

Ownership and Restrictions.

1. Any intellectual property and other rights relating thereto on the Site is and will remain the property of HopeLab and its licensors and suppliers and is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site without our prior written permission. The Site may be used solely (a) to the extent permitted in these Terms or (b) as expressly authorized in writing by HopeLab or, if so indicated in writing by HopeLab, its licensors or suppliers. Use of the Site for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Sites.

2. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks“) are the registered and unregistered trademarks of HopeLab, HopeLab or Re-Mission’s licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of HopeLab, HopeLab or Re-Mission’s licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

Third Party Links.

The Site may contain links to other web sites for your convenience. Re-Mission has not reviewed, in their entirety, the web sites that are linked to the Sites and does not control such sites or the content provided through such sites. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site, and Re-Mission disclaims all liability associated therewith. The fact that Re-Mission offers such links does not indicate any approval or endorsement by Re-Mission of any linked web site or any material contained on any linked web site, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services or publications within the Site do not imply endorsement of, and Re-Mission is not responsible for and disclaims any endorsement of, any such product, service or publication.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Re-Mission infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (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 located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Re-Mission to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed with Re-Mission against you, the DMCA permits you to send Re-Mission a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to:

By mail to:

Copyright Designated Agent

c/o HopeLab Foundation, Inc.

1991 Broadway, Suite 136

Redwood City, California

94063

By facsimile to:

(650) 569-5901

By email to: [email protected]

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Termination.

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all HopeLab rights of ownership shall survive any termination.

Disclaimers.

1. The Site covered by the Terms is made available “AS IS”, “AS AVAILABLE” and “AT YOUR RISK.” There are NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR PURPOSE. This means, for example, that you cannot claim that anyone has promised you that the Site or anything on it will be available at any particular time, that it is bug-free, or that it is accurate. The Site can change or be discontinued at any time, without notice to you. The Terms and Rules can be changed, without prior notice to you.

2. To the fullest extent permitted by law, HopeLab or Re-Mission and its licensors, suppliers, advertisers, sponsors, agents, successors, and assigns DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, and fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties that the information and Sites are current and/or up-to-date. HopeLab or Re-mission and its licensors, suppliers, advertisers, sponsors, agents, successors, and/or assigns do not warrant that the Information or Site nor your use of foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that defects will be corrected, or that the Site or the server(s) on which the Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the Site, and all charges related thereto. You assume all responsibility and risk for your use of the Site and Information and your reliance thereon. No opinion, advice or statement of HopeLab, Re-mission or its licensors, suppliers, advertisers, sponsors, agents, successors, or assigns, whether made on or in connection with the Site or Services or Information shall create any warranty.

3. Some states do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

4.  A possibility exists that unauthorized alterations could be made by third parties to the Information or Site. In the event that a situation arises in which the completeness or correctness of the Site or Information is in question, please contact us at [email protected], with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.

 

Limitation of Liability.

Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither HopeLab, Re-Mission nor any of its licensors, suppliers, advertisers, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages or liabilities under any contract, negligence, strict liability or other theory arising out of or relating in any manner to the Site, Information, and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to these Sites, the Information, or any linked site is to stop using the Sites, or linked site, as applicable. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification.

You agree to fully indemnify, defend and hold Re-Mission, our licensors, suppliers, advertisers, sponsors, agents, successors, and assigns and our and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your breach of these Terms.

Contacting Re-Mission Regarding the Site.

Should you have any questions, comments or complaints regarding this Agreement or the Site please contact us at: [email protected] or 650-569-5900, or

HopeLab Foundation, Inc.

1991 Broadway, Suite 136

Redwood City, California

94063

Notice for California Users.

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Governing Law.

This Agreement and the relationship between you and Re-Mission shall be governed in all respects by the laws of the State of California without regard to conflict of law principles.

Disputes.

We don’t like to fight, but in the event a dispute arises between you and Re-Mission, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and HopeLab agree that all claims in any way related to the subject matter, interpretation, application, or alleged breach of these Terms (“Arbitrable Claims“) shall be resolved by arbitration in San Francisco, California in accordance with the rules of the American Arbitration Association, as amended. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO THE ARBITRABLE CLAIMS.

Miscellaneous.

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with Re-Mission’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Re-Mission may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular.