1. EDUCATIONAL USE. The BEATINGMELANOMA.COM provides portions of the Service for general educational use by those affected by melanoma. No information provided through the Service constitutes a medical diagnosis, advice, or treatment. Please consult a healthcare professional for a specific examination and evaluation of your condition.
3. TRADEMARKS. The BEATINGMELANOMA.COM and other related graphics, logos, service marks, and trade names used on the Service are the trademarks of the BEATINGMELANOMA.COM and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners.
4. MODIFICATION. The BEATINGMELANOMA.COM reserves the right, at any time, to modify the Service Content or to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that the BEATINGMELANOMA.COM will not be liable to you or to any third party for any modification of the Service Content or modification, suspension, or discontinuance of the Service.
5. FEEDBACK. The BEATINGMELANOMA.COM will treat any feedback, suggestions, or comments (“Feedback”) you provide to the BEATINGMELANOMA.COM as non-confidential and non-proprietary. If you provide to the Service Feedback, whether by e-mail, online form, or through any other medium, you grant to the BEATINGMELANOMA.COM a non-exclusive, worldwide, perpetual and irrevocable, fully-paid and royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, modify, make derivative works of, publicly perform, publicly display, and otherwise exploit, in any medium or format now known or developed in the future, the Feedback for any purpose.
6. USER CONTENT. The BEATINGMELANOMA.COM does not claim ownership rights in any comments, messages, postings, or other content that you may submit or post on the Service (collectively, “User Content”). By submitting User Content to the Service, you automatically grant to the BEATINGMELANOMA.COM a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, fully sublicenseable and transferable, non-exclusive license to use, reproduce, distribute, modify, perform, and display your User Content on or within the Service.
7. USER ACCOUNTS. You will receive a password and username if you complete the Service’s registration process for a user account. You are responsible for maintaining the confidentiality of the password and user account and are fully responsible for all activities that occur under your password or user account. You agree to immediately notify the BEATINGMELANOMA.COM of any unauthorized use of your password or user account or any other breach of security. The BEATINGMELANOMA.COM will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. PROHIBITED CONDUCT. You agree not to use the Service to upload, post, transmit or otherwise make available:
(a) any User 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;
(b) any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(d) any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(e) any User Content that violates any applicable law or regulation, including without limitation the laws and regulations governing export control
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The BEATINGMELANOMA.COM may remove Service Content that you believe violates your copyright or other intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the BEATINGMELANOMA.COM’s Copyright Agent the following information at the address below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
By email: contact@BeatingMelanoma.com
12. USER DISPUTES. You are solely responsible for your interactions with other users. The BEATINGMELANOMA.COM reserves the right, but has no obligation, to monitor, or take any action the BEATINGMELANOMA.COM deems appropriate regarding disputes between you and other users. To the extent permitted under applicable laws, you hereby release the BEATINGMELANOMA.COM from any and all claims or liability related to:
(a) any Service Content posted on the Service;
(b) the conduct, whether online or offline, of any other user; and (c) termination or denial of access to or use of the Service.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
13. WARRANTY DISCLAIMER. THE BEATINGMELANOMA.COM IS PROVIDING THE SERVICE AND THE SERVICE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE BEATINGMELANOMA.COM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE BEATINGMELANOMA.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT OR THE INFORMATION PROVIDED ON THE SERVICE. INFORMATION AT THIS SERVICE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SERVICE AND MAY CONTAIN ERRORS.
15. INDEMNIFICATION. You agree to indemnify and hold the BEATINGMELANOMA.COM, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to, arising out of, or relating to:
(a) your use of the Service, or
18. DISCLOSURES. If you have any questions about the foregoing, please contact us at the following e-mail address: contact@BeatingMelanoma.com. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note 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 is harmful to minors. Current providers of such protections can be found at: https://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
Last Updated: May 22, 2023