ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SC RESEARCH VENTURES, STUPID CANCER APP, AND/OR ANY AFFILIATED ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Description of Service
The Stupid Cancer App matches users (via anonymous SMS) based on degrees of affinity and compatibility within the healthcare experience, specifically young adult cancer.
Registered User Account, Password, and Security
Users must register and create a personal account profile to provide more personalized information. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. Neither the Stupid Cancer App nor SC Research Ventures has any liability or responsibility for such use.
Registered User Conduct
You understand that all information, data, text, discussions, conversations, statements, photographs, graphics, messages, or other materials ("Content") publicly shared is the sole responsibility of the person from which such Content originated. This means that you, and not the Stupid Cancer App or SC Research Ventures, bear all risks and liabilities for all Content that you upload, post, email, share, transmit or otherwise make available via the Service. You agree as follows:
- You must not upload, post, email, share, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, connections, user name or ID, password, or any account rights. You agree that you will not create an account for anyone other than yourself. Any such account will be deleted. You also represent that all information you provide or provide upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect, or use the login credentials of other users of the Application or the Service.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses, or any other information that could be considered confidential under any applicable law. Any Content you choose to share, about yourself or otherwise, through the Service is done at your own discretion and risk in connection with using the Service.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, and local) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any Content that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service, Stupid Cancer App, or SC Research Ventures.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Stupid Cancer App users.
- You must not use domain names or web URLs in your username without prior written consent from Stupid Cancer App or SC Research Ventures.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Service or the Application operates.
- You must not use the Service to advertise, solicit, or otherwise in connection with any personal business of any user. You will not use the Service for your own commercial gain.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Stupid Cancer App and SC Research Ventures are not responsible or liable for the conduct of any user. Stupid Cancer App and SC Research Ventures reserve the right, but have no obligation, to monitor or become involved in any disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- Any communications or correspondence you may have with a third party, and any dealings or relationships you may have with any third party, either within the Application or Service, or outside of it, are solely between you and such third party. This includes personal relationships, business relationships, and health care relationships or treatment you may choose to pursue. You may also choose to voluntarily connect to, or do business with a third party (either electronically or in person) with whom you are connected through the Application, or which may be shared by another user. By using any such services, or pursuing any such relationships, you acknowledge and agree that: (i) you are consenting to any information or Content present in or shared by you through the Service being shared with such persons or entities; (ii) your pursuit of any such third-party relationships may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Application has not itself provided such information; and (iii) your use of such service or pursuit of such relationship is at your own option and risk, and you will hold Stupid Cancer App, SC Research Ventures, and its affiliated persons and entities harmless for any such activity.
- You agree that you are responsible for all data charges you incur through use of the Service.
- Crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to user profiles and photos, is prohibited.
- The Service contains content owned or licensed by SC Research Ventures and/or Stupid Cancer App ("Stupid Cancer App Content"). Stupid Cancer App Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Stupid Cancer App, Stupid Cancer App owns and retains all rights in the Stupid Cancer App Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Stupid Cancer App Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Stupid Cancer App Content.
- The Stupid Cancer App name and logo are trademarks of Stupid Cancer, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stupid Cancer. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Stupid Cancer App and/or SC Research Ventures, and may not be copied, imitated or used, in whole or in part, without prior written permission from those entities.
- Although it is the intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Stupid Cancer App reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Stupid Cancer App, including, without limitation, in order to comply with certain legal obligations. Stupid Cancer App will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet and mobile platforms connecting to the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, SC Research Ventures and Stupid Cancer App generally do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that SC Research Ventures and/or Stupid Cancer App is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- You acknowledge that the information on the Service, or through your interactions with others on the Service, is provided "as is" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
- You acknowledge that any opinions and recommendations contained in the Service, or shared by others with you through the Service, are not necessarily those of Stupid Cancer App or SC Research Ventures or endorsed by those entities. Any web links provided to you by Stupid Cancer App, SC Research Ventures or Stupid Cancer, or by any person with whom you may interact through the Service, are for convenience of reference only and are not intended as an endorsement by SC Research Ventures, Stupid Cancer App or Stupid Cancer of the organization or individual operating such website or a warranty of any type regarding the website or the information on the website.
Disclaimer of Warranties
The Service, including, without limitation, any Content in the Service or Application, or shared through the Service or the Application, is provided on an "as is," "as available" and "with all faults" basis. To the fullest extent permissible by law, neither Stupid Cancer App, SC Research Ventures nor any of their employees, managers, officers or agents (collectively, the "Stupid Cancer App Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Application; (c) the Stupid Cancer App content; (d) any user Content; or (e) security associated with the transmission of information to Stupid Cancer App or SC Research Ventures or via the Service. In addition, the Stupid Cancer App Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
The Stupid Cancer App Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
Limitation of Liability; Waiver
Under no circumstances will the Stupid Cancer App Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Application; (c) the Stupid Cancer App content; (d) any user Content; (e) your use of, inability to use, or the performance of the Service; (f) any action taken in connection with an investigation by the Stupid Cancer App Parties or law enforcement authorities regarding your or any other party's use of the Service; (g) any action taken in connection with copyright or other intellectual property owners; (h) any errors or omissions in the Service's operation; or (i) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission. In no event will the Stupid Cancer App Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. 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. In no event will the Stupid Cancer App Parties total liability to you for all damages, losses or causes or action exceed One Hundred United States Dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Stupid Cancer App’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Stupid Cancer App Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Stupid Cancer App Parties.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive the protections of the statute of any state or jurisdiction in which you may use the Service, relating to the waiver of unknown claims.
The Stupid Cancer App is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You may opt out of this agreement to arbitrate. If you do so, neither you nor the Stupid Cancer App Parties can require the other to participate in an arbitration proceeding. To opt out, you must notify SC Research Ventures in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
SC Research Ventures, Inc., ATTN: Arbitration Opt-Out, 40 Worth Street, Suite 808, New York, New York 10013
You must include your name and residence address, the email address you use for your Stupid Cancer App account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Stupid Cancer App Parties and your use of the Service.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Stupid Cancer App Parties to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Application or Service provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.