Last Modified: July 23, 2021
The Sites are offered and available to users who are (i) 18 years of age or older or using the Sites with parental or legal guardian consent and supervision and (ii) reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
Komen was founded on one promise made between two sisters. Komen is committed to saving lives and ending breast cancer forever by empowering people, ensuring quality care for all and energizing science to find the cures (the “Promise”). The Sites are designed, and all uses of the Sites are intended, to be in furtherance of the Promise.
You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Komen endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Komen does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs and any reliance you place on such information is strictly at your own risk. Komen does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. Komen encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.
In certain instances, Komen permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of the Promise. Komen may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public and users of our Sites. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Komen or endorsed by Komen, and Komen disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites.
Ownership and Rights to Use Materials
The Sites and all of its’ content, features, and functionality, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein, are owned or controlled by Komen, our licensors, and certain other third parties and are protected by United States and international copyright, trademark, trade dress, trade secret, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
The Komen name, Komen logo, and all related names, logos, product and service names, design, and slogan are trademarks of Komen or its affiliates or licensors. You must not use such marks without the prior written permission of Komen.
- You may display, view, use, and play content from the Sites on a computer, mobile or other internet enabled or permitted device as it is displayed to you;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download copies of the Sites’ content for your own personal, non-commercial use; provided that (i) the copies of the content must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Komen and if possible provide a reference to Komen’s main site www.komen.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Komen’s material;
- If made available to you, you may obtain a registered account on the Sites and interact with the Sites and Services (defined below) in connection therewith;
- If the Sites include a “send to friend”, social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes a message or other content, or to post our content to third party services or your own site or online service, and that tool is operational, you may use the tool to do so; provided, however, that you do not do so in a manner that violates applicable law or third party rights and only to recipients you have permission to contact; and
- If we provide third party plugins or social media features with certain content, you may take such actions as are enabled by such features.
Failure to abide by these conditions will immediately terminate this permission and may result in the violation of applicable intellectual property and unfair competition laws.
Sponsors and Donors
Komen may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the Promise. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, Komen does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our donors’ or sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our donors or sponsors, you do so on your own initiative and you agree that Komen takes no responsibility for the links to any of our donors’ or sponsors’ websites and Komen is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such donors or sponsors in conjunction with the Sites.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your account made by you or others. You will immediately notify Komen if you have any reason to believe that another person has obtained or has the means to obtain your user name and password and has accessed or used your account without authorization, or you suspect any other breach of security; however, you will remain responsible for any unauthorized use thereafter. You agree that you will not reveal your user name and password to any other person, or take actions that would cause your user name and password to be revealed to any person, whether intentional or not. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Komen.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.
Message Boards & Other Public Forums. As part of your account, you may participate in creating a profile and posting on certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential.
Posted or Shared Content. You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about survivorship status) on the Sites via the public forums, your Personal Home Page or any page on the Sites that specifically provides that the content may be used in a public manner.
Availability of Service. Komen reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Komen’s servers on your behalf. Without limiting the foregoing, you agree that Komen shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Komen. You acknowledge that Komen reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Komen shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s intellectual property rights (including copyright, patent, trademark, trade secrets) or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Komen or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful, malicious, or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Komen’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to Komen’s public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) IS AT YOUR SOLE RISK AND THE SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Komen and their direct and indirect subsidiaries, affiliates, and each of their respective employees, volunteers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Komen Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Sites, the Services, any user posted content, or other Komen services.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, KOMEN PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
KOMEN CONTROLS AND OPERATES THE SITES AND SERVICES IN THE STATE OF TEXAS, UNITED STATES OF AMERICA AND MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. KOMEN MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS.
Disclaimer Regarding Translated Content
Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOMEN PARTIES’ AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF ONE HUNDRED (100) U.S. DOLLARS (USD).
Term & Termination
You further agree that the Komen shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Deactivation of the Sites
Notice of Claims of Intellectual Property Violations
- A legend or subject line that says: “DMCA Copyright Infringement Notice”.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification and description of the copyrighted work claimed to have been infringed, or, if you believe that multiple copyrighted works have been infringed on the Sites, a representative list of such works.
- 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 Komen to locate the material.Providing the full URL of the page(s) on the Sites on which the material appears is the best way to help us locate content quickly.
- Information reasonably sufficient to permit Komen to contact you, such as your full name, address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information requested above. No specific form is required to provide Komen with notifications of possible infringement. However, it will take Komen longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Komen will only respond to DMCA notices it receives by mail or email at the addresses below:
Attention: Designated Copyright Agent
Susan G. Komen
Address: 13770 Noel Road, Suite 801889, Dallas, TX 75380
Komen does not knowingly solicit data from children or knowingly market to children. Komen is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998 (“COPPA”), it does not knowingly request or solicit personally identifiable information from anyone under the age of 16 without prior verifiable parental consent. In the event that Komen receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Komen will delete that information from the Sites as quickly as is reasonably practical.
Any California residents under the age of 18 who have registered to use the Sites and who have posted content or information on the Sites or Services, can request that such information be removed from the Sites or Services by contacting us at Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380 (Attention: Legal Department) making such request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal.
In the event those efforts are unsuccessful, you and Komen agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Komen may initiate the mediation process after providing the aforementioned sixty (60) days’ notice to the other party of the dispute and after engaging in good faith efforts to attempt to resolve our differences amicably. The dispute shall be submitted to mediation in Dallas, Texas, U.S.A. Costs of mediation shall be borne equally by both you and Komen. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Komen mutually agree to extend the time or unless the mediator declares you and Komen to be at an impasse. Notwithstanding the above, in the event that Komen believes that immediate injunctive relief is required to protect its rights, Komen may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
The Sites are operated by Susan G. Komen, Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380. All questions, feedback, comments, requests for technical support, and other communications relating to the Sites and Services should be directed to email@example.com.