1. Acceptance of Terms: Welcome to the Ronnie James
Dio Stand Up and Shout Cancer Fund store, here after known as “SUAS Store”
By using our Website you agree to be bound by these “Terms of Use.”
2. Definitions: In these Terms of Use: “Website” means the website associated
with the domain name diocancerfund.org or diocancerfund.3dcartstores.com. “The
Services” means all the services offered in conjunction with the Website.
3. Description of Services: the SUAS store provides a wide range of
Services including but not limited to access to information on apparel
products, printed materials, events calendars, blogs, comments, donations,
subscriptions, partner profiles and user account services. Any new features
added to the Services will also be subject to these Terms of Use, as they may
be occasionally modified. Please review these Terms of Use from time to time so
that you will be aware of any changes.
Although we will attempt to notify our users of significant changes to the
Services or Terms of Use, we may modify the Services or Terms of Use for any
reason, and without notice. We may also terminate the Services with or without
notice, and without liability to you, any other user, or any third party.
4. Your Obligations: You are responsible for obtaining access to the Website
and for paying any fees involved in obtaining that access (such as Internet
service provider or airtime charges and the cost of the equipment you use to
access the Website).
As a user of the Services, you agree to not use the Services to:
A. post, transmit or otherwise make available any material that is unlawful,
harmful, threatening, abusive, harassing, torturous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an official
of the SUAS store, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
D. disguise the origin of any material posted on or transmitted by the SUAS
Store;
E. post, transmit or otherwise make available any material that you do not have
a right to make available or that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
F. post, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose;
G. post, transmit or otherwise make available any material 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;
H. “stalk” or otherwise harass another; or
I. collect or store personal data about other users.
5. Privacy Policy: Registration Data (as defined below) and any other
information we collect about you is subject to our Privacy Policy.
6. Member Account, Password and Security: If you create an account on the
Website, you will receive a password and account designation upon completing the
registration process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that
occur under your password or account. You agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the registration
form (your “Registration Data”); (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete; (c)
immediately notify the SUAS Store of any unauthorized use of your
password or account or any other breach of security; and (d) ensure that you
exit from your account at the end of each session. If you provide any
information that is untrue, inaccurate, not current or incomplete, or the SUAS
Store has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the SUAS Store has the right to
suspend or terminate your account and refuse your use of the Services. Your
Registration Data will be kept confidential as provided in our Privacy Policy.
7. Partner Profiles and Social Networking: You may create a partner profile
page on the Website, including a user profile and any other information you
choose to post on the page. By creating a partner profile page, you acknowledge
and agree that other users of the Website can access and view your user profile
and other information, including any Personal Data (as defined in the Privacy
Policy) and User Content (as defined below) on the page. You also acknowledge
and agree that other users may interact with you on the page, and may subscribe
to RSS feeds about your page, where users will be updated regarding your
activity on the page. You can change or delete information on your partner
profile page at any time, however, please be aware that any information or
material posted to the Website may still be available on archived pages or
stored on other users’ pages even after you delete that information or material
from your page. You participate in the partner profile features of the Website
at your own risk. The SUAS Store is not responsible for security or
privacy breaches or the actions of other users or third parties related to your
use of the partner profile features of the Website.
8. User-Generated Content: You may post user-generated content, such as
comments, photos, profiles (including your name, image, and likeness),
messages, notes, text, information, music, and videos (“User Content”) on the
Website. You will remain the owner of the User Content. By posting User
Content, you grant the SUAS Store an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license (with the right to
sublicense) to use, copy, publicly perform, publicly display, reformat, edit,
translate, excerpt (in whole or in part) and distribute such User Content for
any purpose, commercial, advertising, or otherwise, on or in connection with
the Website or the promotion thereof, to prepare derivative works of, or
incorporate into other works, such User Content, and to grant and authorize sublicenses
of the foregoing. For example and without limiting the foregoing, by posting
comments to any portion of the Website, you grant the SUAS Store the
right to use, copy, edit, highlight, feature, distribute, and display those
comments or any portion thereof on the Website and in promotions thereof in any
manner and for any purpose. By posting User Content, you represent and warrant
that you have the right to post the User Content, that no third party rights
will be violated by such posting, and that you have the right to grant the SUAS
Store the rights granted herein.
9. Services and Information Provided “As Is.” You understand and agree that the
Services are provided “As Is” and that the SUAS Store assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communication, information, or configuration.
You understand that you, and not the SUAS Store, are entirely
responsible for all material that you post, transmit or otherwise make
available through the Services. The SUAS Store does not review or
control the material that others post, transmit or otherwise make available
through the Services, and accordingly the SUAS Store does not guarantee
the accuracy, integrity or quality of such material.
You acknowledge that although the SUAS Store does not review material
posted on, transmitted or otherwise made available through the Services by
others, the SUAS Store and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or remove any material that
is available through the Services, at any time and for any reason.
10. Use of the Services in Other States and Countries: You agree to comply with
all local rules regarding online conduct and content.
11. The SUAS Store Intellectual Property: The SUAS Store (or its
licensor) is the owner of all Website content —graphics, text, trademarks and
other elements—including all copyrights, trademark rights and other
intellectual property rights embodied therein. The SUAS Store content
and other materials may not be used, reproduced, distributed, displayed,
reprinted or retransmitted in whole or in part without the express written
consent of the SUAS Store, except that the foregoing does not apply to
your own User Content (as defined above) that you legally post on the Website,
and is not intended to prevent any “fair use” of the content under U.S.
Copyright Law.
12. Third Party Intellectual Property: The SUAS Store respects the
intellectual property rights of others. We will respond promptly to remove
material that infringes another person’s copyright or other intellectual
property right.
Notices of Claimed Infringement: A notification of claimed infringement must be
a written communication provided to the Designated Agent that includes
substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material.
(iv) Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a proper notification of infringement, the SUAS Store
will act promptly to remove or disable the allegedly infringing material.
Counter Notifications: If you believe that your User Content has been removed
or disabled in error, you may send a written counter notification to the
Designated Agent that includes substantially the following:
(A) Your physical or electronic signature.
(B) Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled.
(C) A statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.
(D) Your name, address, and telephone number, and a statement that you consent
to the jurisdiction of Federal District Court for the judicial district in
which the address is located, or if your address is outside of the United
States, for any judicial district in which the SUAS Store may be found,
and that you will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
13. Indemnity: You agree to indemnify and hold harmless the SUAS Store,
and its subsidiaries, affiliates, officers, agents, and employees, from any
claim or demand by any third party arising out of material you post, transmit
or otherwise make available through the Services (including User Content), your
use of the Services, your connection to the Website, your violation of these
Terms of Use, or your violation of any rights of another person or entity.
14. No Commercial Use of Services: You agree to use the SUAS Store
website for personal, non-commercial use only. You may not use the Services to
sell a product or service, or to increase traffic to your website for
commercial reasons, such as advertising sales. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Services, access to the Website, or any material available
through the Services.
15. Use and Storage of User Material: The SUAS Store may establish
general practices and limits concerning use of the Services, including limits
on: the time that user-posted material will be available through the Services;
the time that user-posted material will be stored by he the SUAS Store;
the maximum size of any single posted event; the maximum disk space that will
be allotted on the SUAS Store servers on your behalf; the maximum number
of times you may access the Services in a given period of time; and the maximum
duration of each access. You acknowledge that the SUAS Store reserves
the right to terminate accounts that are inactive for an extended period. You
further acknowledge that the SUAS Store reserves the right to change
these general practices and limits at any time, in its sole discretion, with or
without notice.
16. Termination: You agree that the SUAS Store, in its sole discretion,
may terminate your password, account, or use of the Services, and remove and
discard any material available on or stored by the SUAS Store (including
User Content), for any reason, including, but not limited to, lack of use or
actions inconsistent with the Terms of Use. The SUAS Store may also, in
its sole discretion and at any time and for any reason, discontinue providing
the Services, or any part thereof, with or without notice. You agree that upon
termination the SUAS Store may immediately deactivate or delete your
account and all related information and files in your account including User
Content and/or bar any further access to such files or the Services. Further,
you agree that the SUAS Store shall not be liable to you or any third
party for any termination of your access to the Services.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. THE SUAS Store EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
The SUAS Store MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SUAS
Store OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUAS
Store SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF the SUAS
Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
General Contract Provisions. The Terms of Use constitute the entire agreement
between you and the SUAS Store and govern your use of the Services,
superseding any prior agreements between you and the SUAS Store. The
Terms of Use and the relationship between you and the SUAS Store shall
be governed by the laws of the State of Wisconsin. The failure of The SUAS
Store to exercise or enforce any right or provision of the Terms of Use shall
not constitute a waiver of such right or provision or any other right or
provision. If any provision of the Terms of Use is held by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in that
provision, and that the other provisions of the Terms of Use remain in effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services or the Terms
of Use must be filed within one year after such claim or cause of action arose
or be forever barred.