Matt’s Promise Terms of Service & Acceptable Use
Effective Date: January 12, 2016
These terms of service (“Terms of Service”) cover your use and access to the Matt’s Promise website and website services (“Services”). The Services are provided and administered by The Promise Foundation (the “Foundation”, “we”, “us” or “our”). By accessing, using, or contributing to our Services, you signify your agreement to these Terms of Service and our Privacy Statement, found at Click Here and incorporated herein. Please read the Terms of Service and Privacy Statement carefully before accessing, using, or contributing to our Services. If you do not agree to be bound by these Terms of Service, please promptly exit the Services.
The Foundation reserves the right to change these Terms of Service from time to time, as necessary. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version found at the Terms of Service link at the bottom of each page of this website. The Foundation may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Services, including users who contribute Content on the Services (for example, through a Team Matt’s Promise Personal Page). “Content” includes the links, text, documents, software, scripts, graphics, photos, sounds, music, videos, user comments and reviews, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.
Matt’s Promise Personal Pages
In order to access some features of the Services, including registering and maintain a Matt’s Promise Personal Page, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Foundation immediately of any breach of security or unauthorized use of your account. Although the Foundation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Foundation or others due to such unauthorized use.
When creating and maintaining a Team Matt’s Promise Personal Page, you are prohibited from using any Content collected through the Services for your own purposes. Any and all use of Content collected through the Services must comply with our Privacy Statement, found at Click Here.
No Medical Advice
Nothing on the Services should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. If you are a patient, you should consult a doctor or other qualified health care professional regarding any questions you have about your health or before making any treatment decisions. If you are a doctor or other qualified health care professional, you should not allow the Content of the Services to substitute for your own medical judgment, which you should exercise in evaluating the Content on the Services.
Acceptable Use and Restrictions – General
The Foundation hereby grants you permission to access, use and contribute to the Services as set forth in these Terms of Service, provided that:
- All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Foundation and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Matt’s Promise name or any of the Foundation’s trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Foundation, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you;
- You agree not to use the Services for any of the following commercial uses unless you obtain the Foundation’s prior written approval:
- The sale of access to the Services; or
- The sale of advertising, sponsorships, or promotions placed on or within the Services or Content;
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Foundation servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Foundation grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Foundation reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (g., blog comments, if available) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content;
- In your use of the Services, you will comply with all applicable laws; and
- The Foundation reserves the right to discontinue any aspect of the Services at any time.
Acceptable Use and Restrictions – Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
- Content is provided to you AS IS. You may access Content for your information and educational use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. The Foundation and its licensors reserve all rights not expressly granted in and to the Services and the Content;
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein;
- You understand that when using the Services, you will be exposed to Content from a variety of sources, and that the Foundation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Foundation with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Foundation, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services;
- The Foundation does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Foundation expressly disclaims any and all liability in connection with Content; and
- Any software that is made available via the Services shall be governed by the terms of the license agreement that accompanies the software or is posted with the software download or at the Services page where the software can be accessed; provided, however, if no such license agreement is made available, we grant you a revocable, worldwide, royalty-fee, non-assignable, non-exclusive license to use the software for your personal, noncommercial use in accordance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall govern in relation to the software.
Acceptable Use and Restrictions – Your Content and Conduct
With respect to your Content and conduct, you further understand and agree to the following:
- As user of the Services you may submit Content to the Services, including links, files, videos, photos, user comments and reviews. You understand that the Foundation does not guarantee any confidentiality with respect to any Content you submit;
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Foundation all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Service;
- You retain all of your ownership rights in your Content. However, by submitting Content to the Foundation, you hereby grant the Foundation a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and the Foundation’s (and its successors’ and affiliates’) business, including without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to access your Content through the Services, and to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content as permitted under these Terms of Service;
- Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Foundation all of the license rights granted herein;
- You will not submit to the Services any Content or other material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise contrary to applicable local, national, and international laws and regulations; and
- The Foundation does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and the Foundation will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Foundation reserves the right to remove Content without prior notice.
Termination of Matt’s Promise Personal Pages
The Foundation will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be an infringer of these Terms of Service. The Foundation reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or privacy violations. The Foundation may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA Agent with the following information in writing (see 17 U.S.C 512(c)(3) 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 Foundation to locate the material;
- Information reasonably sufficient to permit the Foundation to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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.
You may direct copyright infringement notifications to our DMCA Agent at:
Andrew M. Grumet
Drinker Biddle & Reath LLP
1177 Avenue of the Americas
New York, NY 10036-2714
Fax: (212) 248-3141
For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Foundation at email@example.com You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE FOUNDATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE FOUNDATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability and Indemnity
IN NO EVENT SHALL THE FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE FOUNDATION SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Services are controlled and offered by the Foundation from its facilities in the United States of America. The Foundation makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Foundation, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you unless specifically permitted under these Terms of Service, but may be assigned by the Foundation without restriction.
You further understand and agree that:
- The Services shall be deemed solely based in New York;
- The Services shall be deemed a passive website that does not give rise to personal jurisdiction over the Foundation, either specific or general, in jurisdictions other than New York;
- These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and the Foundation that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York;
- These Terms of Service, together with the Privacy Statement, found at Click Here and incorporated herein, and any other legal notices published by the Foundation on the Services, shall constitute the entire agreement between you and the Foundation concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Foundation’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision;
- The Foundation reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms; and
- YOU AND THE FOUNDATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.