Thank you for using Kcancer.com websiste (“Kcancer”, “we” or “us”)! Kcancer provides a platform (the “Kcancer Platform”) that enables you to create, join or browse site content (as defined below) built on the Kcancer Platform. We also provide a set of services that will enhance your experience as a member of Social Networks on the Kcancer Platform.
These Terms of Service, including any Guidelines and future modifications (collectively the “Terms of Service” or “Agreement”) govern your use of the Kcancer Platform and is a legal contract between you and Kcancer.
By registering with us or using or browsing the Kcancer Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Kcancer Platform at any time.
The Kcancer Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Kcancer Platform. Any person who provides their personal information through the Kcancer Platform represents to us that they are 13 years of age or older.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Social Network on the Kcancer Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity.
“Content” means (i) any work of authorship in a Social Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Social Network or the Kcancer Platform. “Your Content” is any Content that you submit to a Social Network or the Kcancer Platform, either as a Kcancer Member, Network Member or Network Creator (all as defined below). If you are a Network Creator, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Network Members of Your Social Network(s) make available). Content does not include Network Code or Platform Code.
“Embeddable Widget” means any embeddable application provided and hosted by Kcancer that allows for the viewing or playing of audio, photos, video, text and other material on third party websites or services, including the Kcancer Network Badge, Kcancer Member Badge, Photo Slideshow and Kcancer Videos.
“Members” means both Network Members and Kcancer Members.
“Network Creator” is a Kcancer Member who creates and operates one or more Social Networks on the Kcancer Platform. A Network Creator is by definition a Network Member of each of his or her Social Networks.
“Network Members” are Kcancer Members who have also registered with a particular Social Network on the Kcancer Platform using their Kcancer ID. “Your Network
Members” are Network Members who have registered with Your Social Network.
“Network Member Data” means data provided by or collected from a Network Member by a Network Creator for a particular Social Network, such as profile data, including certain items of registration information (e.g. email addresses), answers to Social Network profile questions, forum posts, and statistical information about Content contributed. Network Member Data does not include the Kcancer ID or any Kcancer Member Data.
“Kcancer ID” is an account you create with Kcancer which includes a name, email address, date of birth and password. When you register as a Network Member on one or more Social Networks on the Kcancer Platform, you use the email address and password portion of your Kcancer ID to authenticate with each such Social Network. Additionally, each Social Network of which you become a Network Member will have access to your date of birth, email address and name as stored in your Kcancer ID and this information will be pre-populated into both Your Kcancer Profile (as defined below) and Your My Profile (as defined below) upon sign-up.
“Kcancer Members” are Users who complete a registration process with Kcancer and obtain a Kcancer ID. Kcancer Members may also (but are not required to) become Network Members.
“Kcancer Member Data” is data collected from Users by Kcancer, including the data collected for the Kcancer ID and any data provided in Your Kcancer Profile (as defined below). Kcancer Member Data does not include Network Member Data.
“Kcancer Member Services” are the services provided by Kcancer to Network Members. Kcancer Member Services include, but aren’t limited to: Network Member registration, Network Member sign in and authentication, a message center, friends, contact management (including the ability to import contacts from third-party email services), and a set of Social Network membership management services, including a listing of the Social Networks to which a particular Network Member belongs and management of friends across those Social Networks. Kcancer Member Services do not include any services that Network Creators provide to their Network Members.
“Kcancer Profile” means information that, if you are a Kcancer Member, you have provided to Kcancer that is aggregated by Kcancer into a master profile. Your Kcancer Profile is separate from any profile that you create on a particular Social Network (“My Profile”) and enables you to keep track of friends and messages across all Social Networks. “Your Kcancer Profile” is a Kcancer Profile created by you on the Kcancer Platform.
“Kcancer Technology” means the past, present and future content of the Kcancer Platform, including all software in any format (including the Platform Code and Network Code), Embeddable Widgets, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of the Kcancer Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Kcancer Platform and the Kcancer Platform itself, including, the selection, sequence, and “look and feel” and arrangement of items on the Kcancer Platform, and all Kcancer Marks (as defined below), domain names, patents, and other intellectual property. Kcancer Technology does not include Your Content or Your Code.
“Platform Code” means the proprietary portion of the Kcancer Platform that is used to interpret the Network Code and other services available on the Kcancer Platform.
“Premium Services” are services provided by Kcancer to Network Creators for a fee.
“Social Networks” consist of Network Code and other Content and are web applications runKcancer on top of the Kcancer Platform. Social Networks are created by Network Creators and are provided for Network Members of that Social Network to interact and connect with other Network Members. Social Network features may include Network Member profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others. If you are a Network Creator, “Your Social Network” is a Social Network created and operated by you on the Kcancer Platform.
“Third Party Software” means software that is licensed to you by third parties, including software that is subject to so-called “open source” licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.
“Users” are all end users of the Kcancer Platform, and include you, any unregistered users, all Kcancer Members, all Network Members, all Network Creators and all Third Party Application Developers.
“Your Code” means any script, code, or other computer software uploaded by you to the Kcancer Platform.
2. Benefits of Creating Your Own Social Network
The Kcancer Platform is designed to give Network Creators and Network Members the freedom to create and control their own Social Networks. Creating Social Networks on the Kcancer Platform is free. A Social Network initially comes with 5 GB of storage and 50 GB of bandwidth; although such storage and bandwidth limits may be changed from time to time. Subject to this Agreement, as a Network Creator, you control your Social Network and own all of Your Code and Your Content. Kcancer does not claim any ownership rights in Your Code or any of Your Content. There are two types of data provided by or collected from Network Members – Network Member Data and Kcancer Member Data. Network Creators and their designated administrators have access to both the Network Member Data uploaded or collected on their Social Network(s) and the Kcancer Member Data.
3. Premium Services and Payment
There are two primary ways that we support the Kcancer Platform: through advertising and Premium Services. As a Network Creator, you can purchase one or more Premium Services from us. The categories and prices of our Premium Services are described here and are subject to change from time to time (“Premium Services Policies”). Kcancer may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Kcancer posts the temporary promotional event or new service on the Kcancer Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Kcancer Platform. The changes shall only apply prospectively to the Premium Services you’ve purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Kcancer to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method”) for all charges to your accounts with Kcancer. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the “Purchase” button in the ordering process. Today, we only offer recurring payments. You agree that Kcancer may automatically charge the fee to your Payment Method at the beginKcancer of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the “Purchase” button. Additionally, we may offer a pre-pay payment option for payment of Premium Services (“Pre-Payment Plan”). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Kcancer may be shared by Kcancer with companies who work on Kcancer’s behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Kcancer and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Kcancer all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Kcancer may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Kcancer reserves the right to either suspend or terminate your Premium Services or your account with Kcancer, including deletion of your Social Network from the Kcancer Platform.
Except as may be set forth in applicable Premium Service Policies or Section 27 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Kcancer within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Kcancer.
You are responsible for paying any governmental taxes imposed on your use of the Kcancer Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Kcancer the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Kcancer is obligated to collect such taxes, the applicable tax will be added to your billing account.
4. Your Code and Licenses to Your Code
You own Your Code. Kcancer does not claim any ownership rights in Your Code. If you upload any of Your Code to the Kcancer Platform, subject to the licenses granted by you herein, you continue to have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). You may only upload Your Code to the Kcancer Platform, for use on Your Social Network, provided that Your Code complies with the terms of this Agreement. At any point, you can take Your Code from Your Social Network and cancel your account and Kcancer shall not retain any license rights, except as provided below.
You hereby grant Kcancer a non-exclusive, worldwide, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of Your Code (a) for the purpose of operating and making Your Social Network available on the Kcancer Platform and in all current and future media in which the Kcancer Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes. Additionally, you hereby grant Kcancer a non-exclusive, world-wide, transferable, irrevocable, sublicenseable royalty-free right and license to continue using, reproducing, archiving, caching, creating derivative works, publicly displaying and performing in perpetuity, any of Your Code that is incorporated into the Kcancer Platform, provided that Kcancer shall not use or distribute Your Code on a stand alone basis. The foregoing license does not limit Kcancer’s rights under any third party or open source license in which Your Code is licensed.
You are responsible for making sure that you have all rights in Your Code you upload or use and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any Kcancer Technology. Kcancer disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Social Network and is not responsible for protecting Your Code.
5. Your Content and Licenses to Your Content
Kcancer does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Social Network and cancel your account and Kcancer does not retain any license rights except as provided below.
You hereby grant Kcancer, during the course of your usage of the Kcancer Platform, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the Kcancer Platform and in all current and future media in which the Kcancer Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, Kcancer reserves the right to retain copies of Content for archival purposes after termination of the Agreement.
You hereby agree that if Your Content is removed from any Social Network due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, Kcancer shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Kcancer, any individual, or the general public.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, Kcancer does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising on Your Social Network.
Additionally, you understand and agree that Your Content that is displayed on the Kcancer Platform may continue to appear on the Kcancer Platform, even after you have terminated your Kcancer Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that Kcancer, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Kcancer Platform, and any products, goods, features, capabilities and/or services associated with the Kcancer Platform.
As a Network Creator or Network Member you acknowledge that Kcancer and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Social Network or the Kcancer Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If a Social Network is removed from the Kcancer Platform, the Content associated with that Social Network may also be deleted at the discretion of the Network Creator or Kcancer. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Social Network. You should be aware that Kcancer is not required and may not keep back-up copies of Content (including Your Content) on the Kcancer Platform once the Social Network or Content is deleted. Additionally, Kcancer makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Kcancer Platform and you should independently back-up Your Content.
6. Licenses From Kcancer
License to Kcancer Platform
During and subject to the terms and conditions of this Agreement, Kcancer hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the Kcancer Platform solely to enable your use of the Kcancer Member Services and Kcancer Network Creator Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.
You agree that, as between you and Kcancer, all the intellectual property rights in the Kcancer Platform, which does not include Your Content or Your Code, are owned by Kcancer or its licensors.
License to Embeddable Widgets
During and subject to the terms and conditions of this Agreement, Kcancer hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your Social Network from the Kcancer Platform by Kcancer or you and you agree to immediately stop using such Embeddable Widget.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
• Run, rent, lease, loan, or sell access to the Kcancer Platform or the Kcancer Technology.
• Decompile or reverse engineer or attempt to access the source code of the software underlying the Kcancer Platform or Kcancer Technology.
• Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Kcancer Technology.
• Access the Kcancer Platform to build a product using similar ideas, features, functions, interface or graphics of the Kcancer Platform.
• Access (or attempt to access) any service on the Kcancer Platform by any means other than as permitted in these Terms of Service.
• Circumvent, disable or otherwise interfere with security related features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein.
• Access the Kcancer Platform to upload Your Code or Your Content to cause a breach of security to the Kcancer Platform or any Social Network or interfere with the proper working of the Kcancer Platform or prevent others from using the Kcancer Platform.
• Delete the copyright and other proprietary rights notices on the Kcancer Platform or Embeddable Widgets.
7. Independent Development; Feedback
You agree that Kcancer may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing Kcancer from creating or fully exploiting such software, content and other items, without any obligation to you.
You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Social Network or the Kcancer Platform (including the Network Code and Platform Code), including, on the Kcancer blog, Network Creators Forum or on the Kcancer Open Social Directory (“Feedback”). If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant Kcancer a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.
8. Kcancer Trademarks and Legal Notices
Kcancer trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Kcancer Platform “Kcancer Marks” are the trademarks of Kcancer and may not be used without permission. Kcancer is not granting you a license under any intellectual property right to the Kcancer Marks. Other trademarks, logos, and trade names that may appear on the Kcancer Platform are the property of their respective owners.
9. Kcancer Ownership Rights
You agree that, as between you and Kcancer, Kcancer owns all right, title and interest, including, all intellectual property rights, in and to the Kcancer Technology. Additionally, there are two types of data provided by or collected from Network Members – Network Member Data and Kcancer Member Data. If you are a Network Creator or an administrator designated by a Network Creator (“Administrator”), you agree that, as between Kcancer and you, Kcancer owns all right, title and interest, including, all intellectual property rights, in and to the Kcancer Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Kcancer. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Kcancer Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Kcancer Platform, including notices on any Kcancer Technology you download, transmit, display, print or reproduce from or using the Kcancer Platform.
10. Support and Interaction for Network Creators
If you are a Network Creator, Kcancer provides documentation to assist you in creating and enhancing Your Social Network(s). You are responsible for implementing and maintaiKcancer all support for Your Social Network(s), including answering questions from Your Network Members. This includes, if you’ve customized the Network Code yourself (only as authorized by Kcancer), fixing bugs that Network Members might find and tell you about.
11. Advertising and Promotion for Network Creators
On free Social Networks, we have the exclusive right to sell, run and/or serve third-party advertising on your Social Network. If you are a Network Creator, you agree not to include any advertising for anything other than Your Social Network, including ads served via an ad-server service like Google AdSense, in any Social Network, any of Your Code, or Content you provide on Kcancer. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Social Network. If you run your own ads, Kcancer will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Social Network. Kcancer may establish general policies and guidelines surrounding the runKcancer of your own ads (“Advertising Policies”). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.
YOU AGREE THAT KCANCER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR SOCIAL NETWORK.
12. Third Party Content and Hyperlinks to Third Party Sites
Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Social Networks (“Third Party Content”) on the Kcancer Platform. The inclusion of Third Party Content on the Kcancer Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Kcancer has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Kcancer or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Social Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determiKcancer whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Kcancer Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Kcancer Platform at your own risk.
Additionally, Kcancer or third parties may provide hyperlinks on Social Networks, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the Kcancer Platform and the inclusion of any link on a Social Network does not imply Kcancer’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Kcancer expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Kcancer Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
13. Representations and Warranties.
You hereby represent and warrant to Kcancer that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Kcancer Platform including your promotional or other activities off the Kcancer Platform that relate to Your Social Network; (b) you have the right to grant to Kcancer the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Social Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Kcancer Platform, or intercept or expropriate any system data or personal information from the Kcancer Platform.
14. Acceptable Use and Conduct
You are solely responsible for your conduct, Your Social Networks, Your Code, and Your Content on the Kcancer Platform. We want to keep the Social Networks on Kcancer safe and fun for everyone and the use of the Kcancer Platform for unlawful or harmful activities is not allowed. In defiKcancer “safe and fun,” you specifically agree that:
You will not post, email or make available any Content to Users or use the Kcancer Platform:
• In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
• in a manner 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;
• to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Kcancer Platform in connection with Your Social Network;
• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaiKcancer financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that is libelous or defamatory, or in a way that is otherwise threateKcancer, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Kcancer;
• to impersonate a Kcancer employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Social Network or the Kcancer Platform without authorization;
• to interfere or attempt to interfere with the proper working of the Kcancer Platform or prevent others from using the Kcancer Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Kcancer Platform, or that otherwise negatively affects other persons’ ability to use the Kcancer Platform;
• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Network Creator’s account or to monitor or copy the Kcancer Platform (including the Network Code or Platform Code) or the content contained therein;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Kcancer Platform or to Users; and
• in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
• “Stalk” or otherwise harass anyone;
• Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Kcancer Platform, including Kcancer ID passwords from a Network Creator, or to proxy authentication credentials for any Member of the Kcancer Platform for the purposes of automating logins to the Kcancer Platform;
• Use any profanity or the description or name of any illegal activity in the name of Your Social Network or the Network Subdomain (as defined below) for Your Social Network;
• Use the name “Kcancer” as any part of the name of Your Social Network or the Network Subdomain for Your Social Network;
• Post any Content containing child pornography to any Social Network. Kcancer absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Kcancer Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
• Post any Content that Kcancer determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
• Post any Content that Kcancer determines constitutes pornography or is adult in nature. Kcancer’s current policy on what is considered adult is located here and is subject to change.
• Use automated means, including spiders, robots, crawlers, data miKcancer tools, or the like to download data from Social Networks and the Kcancer Platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
• Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Kcancer’s infrastructure;
• Attempt to gain unauthorized access to Kcancer’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Kcancer Platform;
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Kcancer Platform or for using it for purposes unrelated to Kcancer); and
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Kcancer Platform.
You agree not to authorize or encourage any third party to use the Kcancer Platform or any of Your Social Networks (and Your Social Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Kcancer in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
15. Kcancer Platform Policies
Kcancer may establish general polices and limits concerKcancer use of the Kcancer Platform (“Kcancer Platform Policies”), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Social Network(s), the maximum number of times and duration for which you may access the Kcancer Platform or Social Networks in a given period of time, the maximum bandwidth used by Your Social Network(s) or Content, and the maximum CPU power used by Your Social Networks or Content. The current Kcancer Platform Policies are part of this Agreement.
16. Kcancer’s Relationship with Users
17. Copyright Infringement/Digital Millennium Copyright Act Compliance
It is Kcancer’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please go to Kcancer’s DMCA Notification Guidelines. Kcancer may remove any allegedly infringing Network Code or Content without any liability to you.
Kcancer will promptly terminate without notice any Member’s (including, for clarity, Network Member’s or Network Creator’s) access to the Kcancer Platform, including access to any Social Network, in appropriate circumstances where the Member is a “repeat infringer” of copyrights. Generally, Kcancer will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerKcancer Content or Network Code posted by that Member anywhere on the Kcancer Platform. Kcancer, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Network Creator continues to allow its Network Member’s to post Content that is subject to notices of alleged copyright infringement, the Network may (at Kcancer’s sole discretion) be disabled.
Additionally, if you are a Network Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner’s written notice (including any notices forwarded to you by Kcancer) that specified Content or Network Code posted on Your Social Network infringes that third-party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaiKcancer party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to Kcancer. Kcancer strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. Kcancer is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Social Network.
18. Network Member Data
You must clearly communicate on Your Social Network that Your Social Network uses Kcancer ID authentication (including, on each page on Your Social Network on which information is collected for purposes of Kcancer ID authentication) and that each of Your Network Members will be sharing the data they provide to you with Kcancer. This is for clarity and to ensure Your Network Members are aware of this relationship.
You acknowledge that Kcancer may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Social Network. Accordingly, you agree that, within 24 hours of any email request by Kcancer, you will: (a) delete all Network Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by Kcancer; and (b) confirm such deletion in email notice to Kcancer.
Kcancer is not required to keep back-up copies of Network Member Data on the Kcancer Platform once the Social Network or Network Member Data is deleted. Kcancer makes no guarantee that Network Member Data will be safely stored on the Kcancer Platform. To be safe, you should independently back-up Network Member Data.
19. Your Social Network
To enable a great experience for all Users on the Kcancer Platform, if you are a Network Creator, you agree to ensure each Social Network you create or manage does not degrade the performance of the Kcancer Platform. If your Social Network(s) exceed the quotas and limitations set by Kcancer (e.g., storage or bandwidth) as set forth in the Kcancer Platform Policies or otherwise degrades performance of the Kcancer Platform or other services in any way, we may suspend your Social Network(s) at our sole discretion and without notice.
You agree not to harvest any email addresses from Social Networks or the Kcancer Platform for the purpose of sending email in violation of applicable law or otherwise violate the “Acceptable Use and Conduct” provisions of this Agreement.
You also agree not to knowingly collect any information from, or develop any Social Networks that are targeted at children under the age of 13.
You acknowledge that Kcancer may terminate the account of any Member (including Your Social Network Members) in accordance with these Terms of Service.
Your Social Network shall not be designed or implemented in a way that, as determined by Kcancer in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with Kcancer when interacting with Your Social Network, or (ii) any of Your Social Network was created by or are endorsed by Kcancer. Because we want you to have as much freedom over your Social Network as possible, Kcancer takes no responsibility for any Content located in Your Social Network and Kcancer has no obligation to monitor such Content or Your Social Network.
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