User Agreement Terms of Use
The following terms and
conditions (these “Terms of Use”) are entered into between You (“User”) and the
Blare, Inc. (“BLARE”, “we”, “us”, “our”). These Terms of Use govern your access
to and use of cancer.org, as well as all associated websites that are linked to
these Terms of Use by us, including any content, functionality, and services
offered on or through such sites (collectively, the “Website”). By using the
Website, you accept and agree to be bound and abide by these Terms of Use and
our Privacy Statement.
If you do not agree to the Terms of Use and Privacy Policy, you may not access
or use the Website.
Description of Service BLARE currently provides
users access to an extensive amount of resources, including, but not limited
to, public forums, health and medical content, online tools, calendaring,
email, to-do lists, bookmarks, other personalization features, book/publication
offerings, and various communication tools (the “Service”). BLARE assumes no
responsibility or liability for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization data or settings.
All such risks shall be borne by you.
Change and Access to the Website BLARE reserves the right
to review, improve, amend, or change the Website or the Service at our
discretion and without notice. BLARE will not be liable if, for any reason, all
or any part of the Website is unavailable at any time or for any period.
To access some of the
resources the Website offers, User may be asked to provide certain registration
details and information. Those who register are responsible for the security
and confidentiality of their own user ID, password, and other related information.
You acknowledge that your account is personal to you and agree not to provide
any other person with access to the Website using your information. You agree
to notify us of any unauthorized access to the Website or related breach of
security.
Usage of Content The Website and its
entire contents, features, and functionality (including, but not limited to,
text, graphics, logos, button icons, images, and audio clips, as well as the
design, selection, and arrangement thereof) are owned by the Blare, Inc., and
may not be copied, reproduced, transmitted, displayed, performed, distributed,
sublicensed, altered, stored for subsequent use, or otherwise used in whole or
in part in any manner without BLARE’ prior written consent, except that the
user may make such temporary copies in a single computer’s RAM and hard drive
cache as are necessary to browse the website. The contents of the Website are
further protected under United States and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights
laws.
The Terms of Use permit
User to use the Website for personal and non-commercial activity only. A user
may also make a single copy of a reasonable amount of the content displayed on
any page, so long as it is not used for further reproduction, publication, or
distribution. Any provided desktop, mobile, or other application for download
on the Website may be downloaded a single time solely for your own personal and
non-commercial use. Any appropriate use of content available from the Website
must not remove any trademarks, copyright, or any other notice contained in
such content.
If you print, copy,
modify, download, or otherwise use or provide any other person with access to
any part of the Website in breach of the Terms of Use, your right to use the
Website will end immediately and you must, at our discretion, return or destroy
any copies of the materials you have reproduced. No right, title, or interest
in or to the Website or any content on the Website is transferred to you, and
all rights not expressly granted are reserved by BLARE. Any use of the Website
not expressly permitted by these Terms of Use is a breach of said Terms of Use
and may violate copyright, trademark, or other such laws.
Linking Information The BLARE permits and
encourages hyperlinks and text links to material on the Website provided User
does so in a way that is fair, legal, and does not damage or take advantage of
the reputation of the BLARE. The Website may provide certain social media
features that enable you to link from your own site to certain resources on the
Website, send e-mails or other communications with certain content found on the
Website, or allow limited portions of information to be displayed on your own
or on certain third-party websites. Any linking must conform with certain
practices, including, but not limited to:
Any text-only link must clearly
be marked, “Blare.”
The appearance, position, and
other aspects of either the link or the host website may not be such as to
damage or dilute the goodwill associated with the BLARE name and
trademarks.
The appearance, position, and
other aspects of either the link or the host website may not create the
false appearance that an entity other than BLARE is associated with or
sponsored by BLARE.
The link, when a user interacts
with it, must display this Website full-screen and not within a “frame” of
the linked website.
BLARE reserves, in its
sole discretion, the right to revoke its consent for linked material at any
time and without notice.
BLARE is not responsible
for the information or materials contained on a host site to which the Website
is linked. Linking to the Website is intended to be for convenience of
reference only and is not intended to be used as an endorsement by BLARE of
either the organization or individual hosting the website, nor as a warranty of
any type regarding the hosting website or its contents.
Content Standards User understands that
all information, data, text, photographs, graphics, messages, or other
materials (“Content”) present on the Website and publicly viewable is the sole
responsibility of the person from which such content originated. BLARE does not
bear any risk or liabilities for such Content that you personally upload, post,
e-mail, transmit, or otherwise affiliate with the Service. Content must, in its
entirety, comply with all applicable federal, state, local, and international
laws and regulations. You agree that any Content submitted through the Service
or on the Website does not:
Contain information that
infringes on any patent, trademark, trade secret, copyright, or other
propriety right of any party.
Make available any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,” or any other form of solicitation that
may cause annoyance, inconvenience, embarrassment, alarm, or needless
anxiety to any other person.
Contain any material that is
defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or
pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age.
Contain any material likely to
deceive any person, including giving the false impression that they
emanate from or are endorsed by a certain person or entity or an actual
impersonation of any person or entity, including, but not limited to, an BLARE
official, forum leader, guide, or host, or otherwise falsely state or
misrepresent your affiliation with a person or entity.
Advocate, promote, or assist in
any illegal activity or unlawful act.
Contain any information regarding
candidates for public office, political parties, or elections of
office-holders. Involve commercial activities or sales, such as contests,
sweepstakes, promotions, or advertising.
Contain software viruses or other
computer code, files, or programs designed to interrupt, destroy, or limit
the functionality of any computer software, hardware, or
telecommunications equipment.
Disrupt or negatively affects a
user’s ability to engage in real time exchanges and interactions with the
Website or the Service.
Harvest, collect, and/or store
personal data about other users.
Violate the legal rights
(including the rights of publicity and privacy) of others or contain
material that could give rise to civil or criminal liability under
applicable laws and regulations, or that otherwise conflicts with these
Terms of Use and our Privacy Policy.
Social Media Sites As part of the Service,
the Website may also provide links to officially monitored and curated social
media channels that also display BLARE Content. User’s use of these linked BLARE
social media channels is also subject to these Terms of Use, as well as the
Terms of Use of the social platform from which you access this Content.
BLARE social media
channels, including but not limited to, the Facebook pages for the Blare, Blare
Making Strides Against Breast Cancer, Blare Relay For Life, Hope Lodge, and
Coaches vs. Cancer; the Twitter accounts @BLARENews, @AmericanCancer, @BLARE_Research,
@RelayForLife, @Blareglobal, and @CoachesvsCancer; BLARE’ Instagram account, BLARE’
YouTube channel, BLARE’ LinkedIn Page, and BLARE’ mobile app are social media
locations for community members to connect to and learn about the Blare through
information, press releases, and pictures and video concerning BLARE
initiatives and programs. Through these social media accounts, BLARE hopes to
be able to spread this information in a convenient way and foster open and
respectful dialogues on cancer-related issues and topics.
BLARE reserves all
rights relating to the company’s social media channels, including, but not
limited to:
Adding, removing, or modifying
any content;
Blocking harassing and disruptive
users;
Discontinuing any of our social
media channels at any time.
BLARE does not warrant
that the information on these social media channels is complete, reliable,
useful, or otherwise accurate. Do not rely solely on the information presented
on these social media platforms for medical advice or other BLARE programs.
Further, BLARE does not create nor control any opinions or statements expressed
by others within its social media channels, including those that Follow, Like,
re-Tweet, re-post, or otherwise share BLARE content therein, nor does any
similar action undertaken by BLARE concerning another user’s content constitute
an endorsement of that user.
The Website may also
have links to social media accounts concerning local-area BLARE events and
programs, but these are not created or operated by BLARE staff members, and any
Content on these social media accounts are not considered to be endorsed by BLARE.
User Submissions and Content By submitting Content to
any part of the Website or via the Service where such Content is viewable to
the public, User agrees that such submissions are non-confidential and
non-proprietary for all purposes. By providing any such submission, any
material will be deemed and remain the property of BLARE. You represent and
warrant that the owner of such Content has expressly granted BLARE a
royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use,
reproduce, display, modify, publish, edit, translate, distribute, perform, and
create derivative works from Content in any media or medium, form, or forum
known of hereafter developed.
You represent and
warrant that you own and control all rights to such submissions and have the
right to grant the license to us and our licensees, successors, and assigns,
and that all contributions do, and will, comply with these Terms of Use. You
understand and acknowledge you are responsible for any contributions you submit
and you, not BLARE, have full responsibility for such content, including its
legality, reliability, accuracy, and appropriateness.
Monitoring, Enforcement, and
Termination of Content BLARE has the right (but
not the obligation) to refuse, move, edit, or delete any Content that is
available on via the Service or on the Website at their sole discretion, for
any or no reason. User acknowledges and agrees that BLARE may take any action
we deem necessary or appropriate if we believe Content violates the Terms of
Use, including, but not limited to, infringing any intellectual property right,
threatening the personal safety of users to the Website or the public, or if it
potentially creates liability for the company. BLARE may take appropriate legal
action for any illegal or unauthorized use of the Website or the Service. BLARE
has the right to fully cooperate with law enforcement authorities or court
order directing or requesting us to disclose your identity or information or
preserve Content posted by you in relation to relevant legal action. YOU WAIVE
AND HOLD HARMLESS BLARE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BLARE
DURING, OR AS A CONSEQUENCE OF, A LEGAL INVESTIGATION BY EITHER BLARE OR LAW
ENFORCEMENT AUTHORITIES.
In its sole discretion, BLARE
has the right to terminate, restrict, or suspend your account and access to the
Website and the Service for any or no reason, including, but not limited to,
for lack of use or if BLARE believes you have violated the Terms of Use. You
agree that any termination of your ability to access the Website or use the
Service may be done without prior notice and acknowledge that BLARE may
immediately deactivate or delete your account and all related information and
files in your account, as well as bar further access to such files or the
Service. BLARE shall not be liable to you or any third party for any
termination of your access to the Service.
BLARE, however, cannot
guarantee it reviews all material before it is posted on the Website or through
the Service, and cannot ensure prompt removal of objectionable material after
it has been posted. Accordingly, we assume no liability for any action or inaction
regarding any transmissions, communications, or material provided by any user
or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
Copyright Infringement Content available on the
Website or through the Service may include material provided by or received
from third parties. BLARE does not permit the use of content on its websites
that infringes on the trademark or copyrights of others and will remove any
such content if properly notified of such violation in accordance with the
procedure set forth below.
To notify BLARE of
alleged copyright or trademark infringement on any BLARE affiliated website,
send communication to the designated agent for such claims:
Blare
(888) 575-6214
In your notice, please
provide ALL of the following information (as required by 17 U.S.C. §512
(c)(3)):
i. A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
ii. 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.
iii. 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 service provider to locate the material.
iv. Information reasonably sufficient to permit the service
provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
v. 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.
vi. 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.
Upon receiving the above
information, BLARE will promptly investigate and take appropriate action, then
notify you of the undertaken action at the provided contact address.
Privacy Statement For information on how
we use and collect User information when visiting the Website or using the
Service, please see our Privacy Statement. By using the Website, you consent to
all actions taken by us with respect to your information in compliance with the
Privacy Statement.
General Practices Regarding Use and
Storage User acknowledges that BLARE
may establish general practices and limits concerning use of the Website and
the Service, including limiting the number of days e-mail messages and other
uploaded content is retained by the website, the maximum number of e-mails
received by an account, the maximum disk space allotted on servers for an
account, and the maximum duration for which an account can be accessed. You
acknowledge that BLARE has no responsibility or liability concerning the
deletion or failure to store any messages maintained or transmitted by the
Website servers. You acknowledge BLARE has the right to deactivate accounts
that are inactive for an extended period of time.
Endorsements User acknowledges that
the opinions and recommendations contained in the Website are not necessarily
those of the BLARE or likewise endorsed by BLARE. All statements and opinions
expressed in these materials, as well as all articles and responses to
questions and other content, save content expressly provided by BLARE, are
solely the opinions and the responsibility of the person or entity providing
those materials.
The Website may provide
links to other sites which are not under the control of BLARE. These links are
provided for convenience and reference only and are not intended as an
endorsement by BLARE. We are not responsible or liable to you or any other
third party for the content, usefulness, or accuracy of any material provided
by a third party. Any reliance you place on such information is strictly at
your own risk.
Disclaimers
Medical Disclaimer User acknowledges that
the information in the Website is provided “as is” and for general information
only. It is not intended as medical advice and should not be relied upon as a
substitute for professional consultation with a qualified healthcare provider
familiar with your individual medical needs.
Disclaimer of Warranties THE WEBSITE, AND ALL
DATA, INFORMATION, MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES,
OR APPLICATIONS MADE AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” OR “AS
AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
NEITHER BLARE NOR ANY PERSON ASSOCIATED WITH BLARE WARRANTS ANY MATERIAL ON THE
WEBSITE WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY,
OR AVAILABILITY. FURTHERMORE, NEITHER BLARE NOR ANY PERSON ASSOCIATED WITH BLARE
REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE AVAILABLE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR
NEEDS AND EXPECTATIONS.
BLARE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR
COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THE WEBSITE OR OF
ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED BY USING THE WEBSITE, OR ANY
WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING
SUFFICIENT SAFEGUARDS TO SATISFY YOUR OWN PARTICULAR REQUIREMENTS FOR
ANTI-VIRUS PROTECTION AND DATA RECOVERY.
BLARE HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE, OR ANY WARRANTY THAT THE WEBSITE,
OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL
ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability IN NO EVENT WILL BLARE,
NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR VOLUNTEERS BE LIABLE FOR DAMAGES
(INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES), OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS OF, USE
OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR OTHER WEBSITES TO WHICH IT
LINKS (INCLUDING THIRD-PARTY MATERIALS). THIS INCLUDES, BUT IS NOT LIMITED TO,
INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THIS WEBSITE OR ANOTHER
LINKED WEBSITE THAT APPEAR TO YOU OR ARE CONSTRUED BY YOU TO BE OBSCENE,
OFFENSIVE, DEFAMATORY, OR INFRINGING ON YOUR INTELLECTUAL PROPERTY RIGHTS. IN
NO EVENT WILL BLARE OR THIRD PARTIES THAT CONTRIBUTE INFORMATION TO THE WEBSITE
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION OR ACTION TAKEN BY YOU IN
RELIANCE OF SUCH INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF
THE POSSIBILITY OF THESE DAMAGES.
THE FOREGOING DOES NOT
AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification User agrees to
indemnify, defend, and hold harmless BLARE and its affiliates, licensors, and
service providers, as well as their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and
against any claims, judgments, damages, expenses, losses, or liabilities
arising out of or relating to your violation of the Terms of Use or your use of
the Website, including, but not limited to, user submissions and any use of the
Website’s material and services outside what has been expressly authorized in
the Terms of Use.
Trademarks Blare, the Blare logo, are
registered service marks of the Blare, Inc.
User must not use such
marks without the prior written permission of the Company. All other names,
logos, product and service names, designs, and slogans on this Website are the
trademarks of their respective owners.
Cookie Policy Cookies are small text
files that are stored by the browser (for example, Internet Explorer or Google
Chrome) on your computer or mobile phone. They allow websites to store things
like user preference. You can think of cookies as providing a “memory” for the
website, so that it can recognize you when you come back and respond
appropriately. Cookies allow a web server to transfer data to a computer for
recordkeeping and other purposes. What cookies do we use
and why? The cookies used on our
site are categorized as follows:
Strictly necessary
Performance
Functionality
Targeting
Strictly Necessary
“Strictly Necessary”
cookies let you move around the site and use essential features like secure
areas and donation processing functions. Without these cookies, information or
services you have asked for cannot be provided. Please note that these cookies
do not gather any information about you that could be used for marketing or
remembering where you've been on the internet.
We use these Strictly
Necessary cookies to:
Remember information you have
entered on donation forms when you navigate to different pages during a
web browser session;
Remember the donation amounts you
provided when you get to the checkout page;
Identify you as being logged in
to our site;
Make sure you connect to the
right service on our website when we make any changes to the way the site
works;
To route users to specific
applications of a service or specific server.
Accepting these cookies
is a condition of using the website, so if you prevent these cookies, you may
not be able to use the site or its functionality, nor can we be certain that
our site security controls will function properly or fully during your visit.
Performance
“Performance” cookies
collect information about how you use our site (e.g., which pages you visit,
and if you experience any errors). These cookies do not collect any information
that could identify you directly and are used only to help us improve how our
site works, understand what interests our users, and measure the effectiveness
of our advertising.
We use Performance
cookies for:
Web Analytics: To provide
statistics on how our sites are used;
Ad Response Rates: To see how
effective our advertisements are, including those pointing to our sites;
Error Management: To help us
improve the site by measuring any errors that occur;
Testing Designs: To test
distinctive designs of our sites;
Content Management: To help
optimize the delivery of certain media, such as video.
Some of our Performance
cookies are managed for us by third parties. Where this is the case, we don't
permit the third party to use the cookies for any purpose other than those
listed above.
By using our site, you
accept the use of “Performance” cookies. Accepting these cookies is a condition
of using the site, so if you prevent them we cannot guarantee how the site will
perform for you.
Functionality
“Functionality” cookies
are used to provide services or to remember settings to improve your visit.
We use Functionality
cookies to:
Remember settings you've applied,
such as layout, text size, preferences, and colors;
Remember if we've already asked
you if you want to fill in a survey;
Remember volume settings when
playing video.
Some of these cookies
are managed for us by third parties. Where this is the case, we don't permit
the third party to use the cookies for any purpose other than those listed
above.
Targeting
“Targeting” cookies are
linked to services provided by third parties. These cookies are placed on our
site by our third-party advertising service providers partners. They may be
used to build a profile of your interests and provide you with relevant information
related to the Blare mission, including fundraising efforts or events which
might be of interest to you. They work by uniquely identifying your browser and
device. If you do not allow these cookies, you will not experience our targeted
advertising across different websites.
We use Targeting cookies
to:
Link to social networks, like
Facebook, that may subsequently use information about your visit to target
advertising to you on third party websites;
Provide information to third
party data aggregators for the purposes of combining data we collect from
you through online cookies and other technologies with other de-identified
data (such as a hashed, non-readable email or postal address) in order to
target advertisements and outreach to you based on your preferences or
other information, to perform audience research and/or to create of
audience segments.
You can control whether
these cookies are used but blocking them may prevent us from offering you some
services or targeted advertising.
How a user can opt out
of having cookies placed on their device(s)?
You can block cookies by
activating the setting on your browser that allows you to refuse the setting of
all or some cookies. However, if you use your browser settings to block all
cookies (including strictly necessary cookies) you may not be able to access
all or parts of our site. Unless you have adjusted your browser setting so that
it will refuse cookies, our system will issue cookies as soon you visit our
site. Blocking or deleting cookies will not prevent device identification and
related data collection from occurring. Blocking the browser's cookies will
prevent cookies from measuring the relevance and effectiveness of our
site/emails and advertising as well as the tailored advertising brought to you
by our partners. You also may not be able to use all the interactive features
of our site/emails if cookies are disabled.
Can I withdraw my
consent?
Once you have given us
your consent to the use of cookies, we shall store a cookie on your computer or
device to remember this for next time. This will expire periodically. If you
wish to withdraw your consent at any time, you will need to delete, then block,
your cookies using your internet browser settings.
For further information
about deleting or blocking cookies, please visit:
https://cookiepedia.co.uk/how-to-manage-cookies or
https://www.aboutcookies.org/how-to-delete-cookies/.
Choices.
To obtain information
about opting-out of targeted advertising, you may contact one of the following
industry groups:
Digital Advertising Alliance
(“DAA”): http://www.aboutads.info/choices/
Network Advertising Institute
(“NAI”): http://www.networkadvertising.org/choices/
European Interactive Digital
Advertising Alliance (“EDAA”): http://www.youronlinechoices.eu/ and
http://www.edaa.eu/
Please note that when
using the ad industry opt-out tools above, such opting-out only applies to
members of that specific industry group and only those members will no longer
deliver targeted content or ads to you. It does not mean you will no longer receive
any targeted content or ads on our sites or other websites. You may continue to
receive advertisements, for example, based on the website that you are viewing.
Also, if your browsers are configured to block cookies when you visit this
opt-out page, or you subsequently erase your cookies, use a different computer
or change web browsers, your opt-out may no longer be effective. Changes to the Terms of
Use BLARE reserves the
right, at our discretion, to revise and update the Terms of Use at any time.
All changes are effective immediately upon posting, and apply to all access to
and use of the Website thereafter. Users are expected to check for updates to
the Terms of Use from time to time, and BLARE will extend reasonable effort to
notify you if such material changes occur. Continued use of the Website
following the posting of revised Terms of Use indicates you have accepted and
agree to the changes.
Consent to Electronic Communications By using the Website or
the Service, User agrees to receive electronic communications from us regarding
your use of the Website or Service and that any notices, agreements, or other
communications that we send to you will satisfy any legal requirements, including
that communications must be in writing.
Waiver and Severability If BLARE does not
exercise or enforce any particular right set forth in the Terms of Use, BLARE
does not waive that right. If a court finds any provision of the Terms of Use
invalid, then you and BLARE agree that the court should attempt to follow the
intention of the provision and that all other terms of the Terms of Use will
remain in effect.
Last Modified: August 12, 2024
Terms of Use
Welcome to BLARE (BLARETOGETHER.ORG). By using our website, you agree to
these Terms of Use and our Privacy Policy. If you do not agree, please refrain
from using the site.
Description of Service
BLARE provides access to resources, including health content, tools,
calendars, and communication features ("Service"). We are not
responsible for the accuracy, delivery, or storage of your data or
communications.
Changes to the Website
We may modify or remove parts of the website or services without notice.
To access certain resources, you may need to register and are responsible for
keeping your login details secure.
Content Usage
Our content, including text, graphics, and tools, is protected by
copyright and other laws. You may use it for personal, non-commercial purposes
only. Unauthorized use will result in the termination of your access.
Linking to Our Website
We allow hyperlinks to our site if they are fair, legal, and do not harm
our reputation. Links must not suggest sponsorship or affiliation without
consent.
BLARE reserves the right to revoke linking permissions at any time. We
are not responsible for the content of third-party sites.
For full details, visit BLARETOGETHER.ORG.
Content Standards
Users are responsible for all content they upload, post, or share on
BLARETOGETHER.ORG. BLARE does not take responsibility for user-generated
content. All content must comply with applicable laws and regulations. Users
agree not to submit content that:
Infringes on intellectual
property rights.
Contains spam, promotions, or
other unauthorized solicitations.
Is defamatory, obscene,
offensive, or otherwise inappropriate.
Promotes illegal activities,
violence, or discrimination.
Contains misleading information
or impersonates others.
Includes viruses or harmful code.
Violates privacy or legal rights
of others.
BLARE reserves the right to remove content or terminate access if users
violate these standards.
Social Media
BLARE’s social media platforms, including Facebook, YouTube, LinkedIn,
and others, share updates, programs, and resources. Use of these channels is
subject to platform terms and BLARE’s guidelines.
BLARE may:
Add, edit, or remove content.
Block disruptive users.
Discontinue social media accounts
without notice.
Social media content is for informational purposes only and should not
replace medical advice. BLARE does not endorse opinions or statements made by
others on its channels.
Local BLARE event accounts are independently managed and not officially
endorsed.
User Submissions and Content
By submitting content to any part of the website or via the service where
such content is viewable to the public, users agree that such submissions are
non-confidential and non-proprietary for all purposes. By providing any such
submission, users acknowledge that any material will be deemed and remain the
property of BLARE. Users represent and warrant that the owner of such content
has expressly granted BLARE a royalty-free, perpetual, irrevocable, worldwide,
non-exclusive license to use, reproduce, display, modify, publish, edit,
translate, distribute, perform, and create derivative works from the content in
any media or medium, form, or forum known or hereafter developed. Users further
represent and warrant that they own and control all rights to such submissions,
have the right to grant this license to BLARE, and that all contributions
comply with these Terms of Use.
Users understand and acknowledge that they are responsible for any
contributions they submit, including the legality, reliability, accuracy, and
appropriateness of the content.
Monitoring, Enforcement, and Termination of Content
BLARE reserves the right (but not the obligation) to refuse, move, edit, or
delete any content available via the service or on the website at its sole
discretion, for any or no reason. Users acknowledge that BLARE may take any
action it deems necessary or appropriate if it believes content violates these
Terms of Use, including but not limited to: ·
Violating any intellectual property rights. ·
Threatening the personal safety of users or the
public. ·
Potentially creating liability for the company.
BLARE may take appropriate legal action for any illegal or unauthorized use
of the website or service. It also reserves the right to fully cooperate with
law enforcement authorities or comply with court orders requesting disclosure
of user identities or content in connection with legal investigations.
Users waive and hold harmless BLARE from any claims resulting from actions
taken during or as a consequence of legal investigations.
BLARE, in its sole discretion, may terminate, restrict, or suspend user
accounts and access to the website and service for any or no reason, including
but not limited to lack of use or violations of these Terms of Use. Such
terminations may occur without prior notice, and users acknowledge that BLARE
may immediately deactivate or delete accounts and related files or bar further
access to the service.
BLARE is not liable to users or third parties for any termination of access
to the service and does not guarantee it reviews all material before posting.
Prompt removal of objectionable material cannot always be ensured. Accordingly,
BLARE assumes no liability for actions or inactions related to user or
third-party transmissions, communications, or materials.
Copyright Infringement
Content available on the website or through the service may include material
from third parties. BLARE does not permit the use of content that infringes on
trademarks or copyrights. Any such content will be removed upon proper
notification of a violation.
To notify BLARE of alleged copyright or trademark infringement, send a
written communication to:
BLARE
11000 W. McNichols Rd.
Suite 323-1129
Detroit, MI 48221
In your notice, please include:
1. A
physical or electronic signature of a person authorized to act on behalf of the
owner of the infringed exclusive right.
2. Identification
of the copyrighted work claimed to have been infringed or, if multiple works
are involved, a representative list.
3. Identification
of the material that is claimed to be infringing and sufficient information to
locate it.
4. Contact
information for the complaining party, including address, phone number, and
email.
5. A
statement that the complaining party has a good faith belief that the material
is not authorized by the copyright owner, its agent, or the law.
6. A
statement that the information provided is accurate and that the complaining
party is authorized to act on behalf of the owner under penalty of perjury.
Upon receiving a valid notice, BLARE will investigate promptly, take
appropriate action, and notify the complainant of the outcome.
Privacy
Statement
For information on how we collect and use user information when visiting the
website or using the service, please see our Privacy Statement. By using the
website, you consent to all actions taken by us concerning your information, in
compliance with the Privacy Statement.
General
Practices Regarding Use and Storage
Users acknowledge that BLARE may establish general practices and limits
concerning the use of the website and services. These practices may include:
Limiting the number of days
email messages and uploaded content are retained.
Restricting the maximum number
of emails received by an account.
Allocating a maximum disk
space on servers for accounts.
Setting a maximum duration for
account access.
BLARE is
not responsible or liable for the deletion or failure to store messages or
other data transmitted via the website servers. Inactive accounts may be
deactivated after extended periods of inactivity.
Endorsements
Users acknowledge that opinions and recommendations on the website are not
necessarily those of BLARE and are not endorsed by BLARE. Statements, articles,
and other content—except for those expressly provided by BLARE—are solely the
opinions and responsibility of the respective authors.
The
website may include links to third-party sites not under BLARE's control. These
links are provided for convenience and do not imply endorsement. BLARE is not
responsible for the content, accuracy, or usefulness of third-party materials.
Reliance on such information is at the user’s own risk.
Disclaimers
Medical
Disclaimer
Information provided on the website is “as is” and for general informational
purposes only. It is not medical advice and should not replace professional
consultation with a qualified healthcare provider familiar with your medical
needs.
Disclaimer
of Warranties
The website and its content, services, and materials are provided "as
is" or "as available," without warranties of any kind, expressed
or implied. BLARE does not guarantee the completeness, security, reliability,
or availability of the website and its content.
BLARE will
not be liable for any loss or damage caused by:
Distributed denial-of-service
attacks.
Viruses or other harmful
material affecting your computer or equipment due to website use.
Services or items obtained
through the website.
Users are
responsible for implementing safeguards, such as antivirus protection, to meet
their specific needs. BLARE disclaims all warranties, including accuracy,
reliability, and fitness for a particular purpose. This disclaimer does not
affect any warranties that cannot be excluded under applicable law.
Limitation
of Liability
BLARE, its officers, directors, employees, and volunteers will not be liable
for any damages arising from or related to:
Accessing, using, or being
unable to use the website.
Linked websites or third-party
materials.
Information perceived as
offensive, defamatory, or infringing on intellectual property rights.
This
includes direct, indirect, incidental, consequential, or punitive damages, even
if BLARE has been advised of their possibility. Certain limitations may not
apply where prohibited by law.
Indemnification
Users agree to indemnify, defend, and hold harmless BLARE, its affiliates,
licensors, service providers, and their respective officers, directors,
employees, contractors, and agents from any claims, damages, or liabilities
arising from:
Violations of the Terms of
Use.
User submissions.
Unauthorized use of website
materials and services.
COOKIE
POLICY
Cookies
are small text files that are stored by the browser (for example, Internet
Explorer or Google Chrome) on your computer or mobile phone. They allow
websites to store things like user preferences. You can think of cookies as
providing a “memory” for the website, so that it can recognize you when you
come back and respond appropriately. Cookies allow a web server to transfer
data to a computer for recordkeeping and other purposes.
What
Cookies Do We Use and Why? The
cookies used on our site are categorized as follows:
Strictly Necessary
Performance
Functionality
Targeting
Strictly
Necessary
“Strictly
Necessary” cookies let you move around the site and use essential features like
secure areas and donation processing functions. Without these cookies,
information or services you have asked for cannot be provided. Please note that
these cookies do not gather any information about you that could be used for
marketing or remembering where you've been on the internet.
We use
these strictly necessary cookies to:
Remember information you have
entered on donation forms when you navigate to different pages during a
web browser session;
Remember the donation amounts
you provided when you get to the checkout page;
Identify you as being logged
in to our site;
Make sure you connect to the
right service on our website when we make any changes to the way the site
works;
Route users to specific
applications of a service or specific server.
Accepting
these cookies is a condition of using the website, so if you prevent these
cookies, you may not be able to use the site or its functionality, nor can we
be certain that our site security controls will function properly or fully
during your visit.
Performance
“Performance”
cookies collect information about how you use our site (e.g., which pages you
visit, and if you experience any errors). These cookies do not collect any
information that could identify you directly and are used only to help us
improve how our site works, understand what interests our users, and measure
the effectiveness of our advertising.
We use
performance cookies for:
Web analytics: to provide
statistics on how our sites are used;
Ad response rates: to see how
effective our advertisements are, including those pointing to our sites;
Error management: to help us
improve the site by measuring any errors that occur;
Testing designs: to test
distinctive designs of our sites;
Content management: to help
optimize the delivery of certain media, such as video.
Some of
our performance cookies are managed for us by third parties. Where this is the
case, we don't permit the third party to use the cookies for any purpose other
than those listed above.
By using
our site, you accept the use of “Performance” cookies. Accepting these cookies
is a condition of using the site, so if you prevent them, we cannot guarantee
how the site will perform for you.
Functionality
“Functionality”
cookies are used to provide services or to remember settings to improve your
visit.
We use
functionality cookies to:
Remember settings you've
applied, such as layout, text size, preferences, and colors;
Remember if we've already
asked you if you want to fill in a survey;
Remember volume settings when
playing video.
Some of
these cookies are managed for us by third parties. Where this is the case, we
don't permit the third party to use the cookies for any purpose other than
those listed above.
Targeting
“Targeting”
cookies are linked to services provided by third parties. These cookies are
placed on our site by our third-party advertising service providers. They may
be used to build a profile of your interests and provide you with relevant
information related to the BLARE mission, including fundraising efforts or
events which might be of interest to you. They work by uniquely identifying
your browser and device. If you do not allow these cookies, you will not
experience our targeted advertising across different websites.
We use
targeting cookies to:
Link to social networks, like
Facebook, that may subsequently use information about your visit to target
advertising to you on third-party websites;
Provide information to
third-party data aggregators for the purposes of combining data we collect
from you through online cookies and other technologies with other
de-identified data (such as a hashed, non-readable email or postal
address) in order to target advertisements and outreach to you based on
your preferences or other information, to perform audience research,
and/or to create audience segments.
You can
control whether these cookies are used, but blocking them may prevent us from
offering you some services or targeted advertising.
How a
User Can Opt Out of Having Cookies Placed on Their Device(s)?
You can
block cookies by activating the setting on your browser that allows you to
refuse the setting of all or some cookies. However, if you use your browser
settings to block all cookies (including strictly necessary cookies), you may
not be able to access all or parts of our site. Unless you have adjusted your
browser setting so that it will refuse cookies, our system will issue cookies
as soon you visit our site. Blocking or deleting cookies will not prevent
device identification and related data collection from occurring. Blocking the
browser's cookies will prevent cookies from measuring the relevance and
effectiveness of our site/emails and advertising as well as the tailored
advertising brought to you by our partners. You also may not be able to use all
the interactive features of our site/emails if cookies are disabled.
Can I
Withdraw My Consent?
Once you
have given us your consent to the use of cookies, we shall store a cookie on
your computer or device to remember this for next time. This will expire
periodically. If you wish to withdraw your consent at any time, you will need
to delete, then block, your cookies using your internet browser settings.
For
further information about deleting or blocking cookies, please visit: Cookiepedia
About Cookies
Choices
To obtain
information about opting out of targeted advertising, you may contact one of
the following industry groups:
Digital Advertising Alliance
(“DAA”): http://www.aboutads.info/choices/
Network Advertising Institute
(“NAI”): http://www.networkadvertising.org/choices/
European Interactive Digital
Advertising Alliance (“EDAA”): http://www.youronlinechoices.eu/ and http://www.edaa.eu/
Please
note that when using the ad industry opt-out tools above, such opting-out only
applies to members of that specific industry group and only those members will
no longer deliver targeted content or ads to you. It does not mean you will no
longer receive any targeted content or ads on our sites or other websites. You
may continue to receive advertisements, for example, based on the website that
you are viewing. Also, if your browsers are configured to block cookies when
you visit this opt-out page, or you subsequently erase your cookies, use a
different computer, or change web browsers, your opt-out may no longer be
effective.
Changes
to the Terms of Use
BLARE
reserves the right, at our discretion, to revise and update the Terms of Use at
any time. All changes are effective immediately upon posting, and apply to all
access to and use of the website thereafter. Users are expected to check for
updates to the Terms of Use from time to time, and BLARE will extend reasonable
effort to notify you if such material changes occur. Continued use of the
website following the posting of revised Terms of Use indicates you have
accepted and agree to the changes.
Jurisdiction The
website (excluding linked sites) is controlled by BLARE, which is headquartered
in the state of Michigan, United States of America. It can be accessed from all
50 states, as well as from other countries around the world. As each of these
places may have laws that differ from those of Michigan, by accessing this
website both you and BLARE agree that the statutes and laws of the state of
Michigan, without regard to conflicts of laws principles thereof, will apply to
all matters arising from or relating to the use of this website. BLARE makes no
representation that materials on the website are appropriate or available for
use in other locations, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this website
from other locations do so on their own initiative and are responsible for
compliance with local laws.
Consent
to Electronic Communications By using
the website or the service, users agree to receive electronic communications
from us regarding your use of the website or service and that any notices,
agreements, or other communications that we send to you will satisfy any legal
requirements, including that communications must be in writing.
Waiver
and Severability If BLARE
does not exercise or enforce any particular right set forth in the Terms of
Use, BLARE does not waive that right. If a court finds any provision of the
Terms of Use invalid, then you and BLARE agree that the court should attempt to
follow the intention of the provision and that all other terms of the Terms of
Use will remain in effect.
Last
Modified: January 2, 2025