Terms of Use

Welcome to FightSMA Inc.’s website and thank you for your interest in finding a cure for Spinal Muscular Atrophy (SMA). By using this website, you agree to the following terms of use (the “Terms of Use”) and FightSMA’s Privacy Policy, located here. Please carefully review the Terms of Use and Privacy Policy.

The Terms of Use are a legally binding contract between you and FightSMA Inc. ("FightSMA" or "our" or "we" or "us") regarding the access and use of information, text, data, music, graphics, photographs, videos, audio, trademarks, logos, and any other content (collectively, “Content”) accessible at www.fightsma.org or any other websites operated by or for FightSMA including, but not limited to, FightSMA’s social media pages, the Fighting Back Podcast, FightSMA’s YouTube Channel, FightSMA’s Vimeo Channel, and FightSMA’s Instagram Account (collectively, the "Sites").

FightSMA is dedicated to providing support, resources, information, and tools to those working to find a cure for Spinal Muscular Atrophy (the “Cause”). FightSMA has a responsibility, however, to protect its intellectual property available on the Sites and preserve the integrity of the FightSMA message. Accordingly, you may use the Content on the Sites only on the express condition that you accept and fully comply with the Terms Of Use.

FightSMA reserves the right to change the Terms Of Use at any time and you agree to be bound by such modifications. Any modifications will be effective immediately upon posting the revisions on the Sites (which will constitute reasonable notice), and such amended terms will be binding upon you. Your continued use of the Sites following the posting of modifications will confirm your acceptances of such modifications to the Terms of Use. Thus, you should consult the most recent version of these Terms Of Use each time you view the Sites.

Restrictions on Use of Materials

Unless otherwise indicated, FightSMA owns the copyrights, trademarks, and other intellectual property of all Content on the Sites, including without limitation, content, information, text, data, research materials, photographs, graphics, trademarks, logos, designs, icons, images, tutorials, white papers, audio, and video. Without the prior explicit consent of FightSMA, no material from the Sites may be copied, reproduced, displayed, republished, downloaded, posted, shared, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, including on fundraising materials, websites, social media pages, blogs, pamphlets, flyers, print materials, advertising, t-shirts or any consumer products. Further, the FightSMA name and logo and any other trademarks of FightSMA or variations thereof may not be used on any communications, materials, fundraising messages, goods, merchandise, or t-shirts or other apparel without FightSMA’s prior explicit authorization. Third-party trademarks mentioned on this site are the property of their respective owners. FightSMA explicitly grants permission to you to “Like” and “Share” Content posted by FightSMA on its Facebook, Youtube, Vimeo, and Instragram pages in a manner that does not violate any of the Terms of Use or is otherwise unlawful. FightSMA reserves the right to remove any Content posted by third parties on the Sites in its sole discretion.

If you obtain FightSMA’s prior explicit authorization, the following conditions are required for use of the FightSMA name and logo to identify involvement in any activity in support of the Cause: (i) The FightSMA name and logo may not be altered or modified in any manner; (ii) If using the FightSMA name and logo in connection with any event, all promotional materials regarding the event (electronic and print) must prominently state: “All proceeds to benefit FightSMA Inc.”; (iii) The FightSMA name and logo may not be combined with the name, trademark, or logo of any other not-for-profit organization or legal entity; (iv) Events organized by independent fundraisers to raise money for FightSMA must identify FightSMA Inc. as the beneficiary of the event, not the sponsor; (v) The FightSMA name and logo cannot be used for any profit making or for any other nonprofit organization or cause; and (vi) The FightSMA name and logo may not be used in any manner that violates FightSMA’s trademark rights (e.g., by creating a likelihood of confusion or dilution) or is otherwise unlawful.

Any unauthorized use of Content on the Sites may violate copyright, trademark, and/or other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright and trademark laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel, or otherwise, any license or right under or to any Content, or intellectual property right, including without limitation, any patent, trademark, or copyright of FightSMA or any third party.

Please note that FightSMA liberally grants permission for third parties to use Content from the Sites. Third parties must, however, obtain advance approval from FightSMA to use such Content. For all inquiries regarding permission to use the Content available on the Sites, please click the following visit the Permissions page.

Disclaimer

You acknowledge that the Content on the Sites is provided “as is” without representations or warranties of any kind. FightSMA, and its agents, to the full extent by law, disclaim all warranties, either express or implied, statutory or otherwise. FightSMA and its agents make no warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content of the Sites. In no event will FightSMA or its agents be liable for any damages regarding the use of or inability to use the Sites or the Content, whether based on warranty, contract, tort, or any other theory, and whether or not FightSMA is advised of the possibility of such damages.

The Content on the Sites is not meant to be used for self-diagnosis or to replace the services of a medical professional. In addition, healthcare information changes frequently and regularly and, thus, the Content on the Sites should not be relied upon to be fully comprehensive or error free. Further, the Sites do not offer medical or professional advice or recommendations and you should not rely on the Content posted on the Sites as a substitute for seeking information or advice from qualified health care professionals who are familiar with your medical conditions and needs. FightSMA 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.

FightSMA may sometimes allow third parties to provide testimonials and information on the Sites. FightSMA may sometimes post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of FightSMA or endorsed by FightSMA.

Privacy

FightSMA recognizes the importance of protecting any information we may collect from visitors to the Sites. Please consult our Privacy Policy at fightsma.org/privacypolicy for more information on how FightSMA collects, uses, and discloses personal information from its users.

Fundraising and Other Events

All proceeds from any community fundraising events must be paid to FightSMA Inc. if the FightSMA logo or name is used. All checks should be made payable to FightSMA Inc. The FightSMA name and logo may not be used to guarantee the quality of a beneficiary activity. FightSMA reserves the right to decline association with any event or organization and to refuse permission to use the Content on the Sites for any reason.

Links To Other Sites

FightSMA’s Sites may contain links to other Internet sites or resources. You acknowledge and agree that FightSMA has no control over such other sites and resources, FightSMA is not responsible for the content and information and privacy policies of such other sites and resources, and FightSMA does not endorse and is not responsible for any content on these other sites and resources. Please consult the terms of use and privacy policy of such sites and resources for more information.

Link Agreement

Links to the Sites are permitted by FightSMA only in accordance with these Terms of Use. You should be aware that links to the Sites may be provided from other sites, either known or unknown to FightSMA, and some links to the Sites may be unauthorized. Accessing any other site linked to or from the Sites is done at your own risk. FightSMA has not reviewed and is not responsible for the content of any third-party sites linked to or from the Sites.

Permission to create a link to any of the Sites is granted upon compliance with the Terms of Use, including those listed below. By creating a link to any of the Sites, you agree to be bound by the Terms of Use. FightSMA reserves the right to change these conditions for linking at any time without prior notice, and compliance with such revised conditions for linking is a prerequisite to your continued right to link to the Sites. FightSMA expects persons or organizations that link to the Sites to provide accurate and up-to-date information and uphold high ethical standards in developing, providing, presenting, and collecting information. Permission to link to the Sites is limited to: (i) active volunteers or participants in any event sponsored by FightSMA; (ii) donors or sponsors having formal affiliations with FightSMA; (iii) organizations actively participating in spinal muscular atrophy research or education or aid to those diagnosed with spinal muscular atrophy or other activities in fulfillment of the Cause; (iv) any organizations that have obtained permission from FightSMA to link to the sites. If you do not fall into any of the above categories, please contact FightSMA prior to linking to seek FightSMA’s approval to link, which is in FightSMA’s sole discretion. Please note that only official sponsors or partners affiliated with FightSMA who have a written agreement with FightSMA or written permission from FightSMA may use the official FightSMA logo (or any other FightSMA trademarks, service marks, logos or slogans) as a link. All links must comply with the Restrictions on Use of Materials section above. Further, you must clearly communicate to the public that you are one of the persons or organizations permitted to link (as identified above) by stating that you are a volunteer or participant of a FightSMA event, donor to or sponsor of FightSMA, etc., as applicable. Indemnification

You agree that you will hold harmless and indemnify FightSMA, its officers, directors, employees, volunteers, and authorized representatives from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked.

Limitation of Liability

In no event and under no circumstances will FightSMA, its directors, members, employees, or agents be liable to you or any third party for damages arising out of your (or any authorized user’s) or any unrelated party's use of or inability to use the Sites, or your (or any authorized user’s) or any unrelated party's reliance on or use of information, products, or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission, or any failure of performance of the sites, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to FightSMA’s records, programs, or services, or other reason.

Services Available on the Sites


Services. In furtherance of the Cause, FightSMA may offer certain services or features on the Sites (including without limitation, blogs, podcasts, webcasts, public forums, and on-line donations) (collectively, the "Services"). The following terms under the Terms Of Use pertain to your ability to use the Services made available by FightSMA on the Sites. FightSMA will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by the Terms Of Use, and only for as long as your use of the Services are helping FightSMA to fulfill the Cause.

Posted Content. You may be able to post messages, text, photos, audio, video, testimonials or other content on the Sites. By posting such content on the Sites, you represent and warrant to FightSMA that you own or have the right to use, and permit FightSMA to use, such content in the manner stated above. Any content posted by you on the Sites will be treated as non-confidential and non-proprietary, and you authorize FightSMA and its affiliates and licensees, without compensation to you or others, to copy, reproduce, reprint, incorporate, distribute, replay, publicly display or otherwise use such information in furtherance of its operations and the Cause throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release any claims based on moral rights that you may have in any content posted by you and agree not to bring any such claims. FightSMA reserves the right to refuse to post content or remove content in its sole discretion.

On-Line Donations and Other Payments. In order to make donations online and purchase items on the FightSMA Join the Fight page, you must submit the necessary contact and payment information. You are responsible for the accuracy of the information submitted. By providing such information to FightSMA by any means (e.g., online form, email, fax, telephone, mail, etc.), you represent that any information or materials provided by you will be accurate, complete and correct and that you have the lawful right to provide such information to FightSMA. You must be 18 years of age or over to provide payment information for online donations or online purchases. Do not submit the information of others without their approval. If you are under 18 years of age, do not submit any personal information without the approval of your parent or guardian. By using the Sites' payment method, you confirm that you possess the legal authority to enter into the Terms of Use for the Sites, including, without limitation, instructing FightSMA or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of the Terms of Use. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize FightSMA to charge the credit or debit card provided by you for any donations or payments submitted online via the Sites. For information regarding the collection of data and information through the Sites, please consult our Privacy Policy.

Services Indemnification. In addition to the general indemnification provided under the Terms of Use, you will indemnify and hold harmless FightSMA and its officers, directors, employees, volunteers, affiliates, licensors and authorized representatives from and against any lawsuit, claim, damage, liability, or expense (including reasonable attorneys' fees) incurred by FightSMA and its officers, directors, employees, volunteers, affiliates, licensors and authorized representatives pertaining to the information and content provided by you in connection with the Services, your failure to abide by the Terms of Use, your willful misconduct or gross negligence, or any patent, copyright, trademark or other intellectual property right or right of publicity or privacy of any third party that relates to any information, image, voice, name or Content provided by you in connection with the Services, even if any such claims, damages, liability or expense are based in whole or in part on FightSMA’s own negligence.

Your Content and Conduct


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 copyright, patent, trademark, trade secret or other intellectual property or 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, trade libelous, threatening, harassing, invasive of privacy, stalking, abusive, tortuous, hateful, discriminating based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) constitute political campaigning, unsolicited promotions, or advertising or solicitations that are not authorized by FightSMA; (v) disclose the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit or debit card numbers and other financial information; (vi) interfere with or disrupt any Services or equipment used for the Sites with the intent of causing an excessive or disproportionate load on the Sites, or FightSMA’s, its licensors, or Internet service provider’s infrastructure; (vii) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful programming routines; (viii) 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; (ix) 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); (x) impersonate any person or entity, including, without limitation, one of FightSMA’s or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through 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 FightSMA’s public image, goodwill, reputation or mission or otherwise not in furtherance of the Cause. In addition you will not, and will not assist, enable or permit others to, directly or indirectly: (i) modify, enhance, alter, or prepare derivative works based on any of FightSMA’s or its licensors’ or affiliates’ content, software or infrastructure; (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of FightSMA’s or its licensors’ or affiliates’ software or infrastructure; or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

Notice of Claims of Intellectual Property Violations


The Sites may include text, research materials, photographs, graphics, logos, designs, icons, images, sound recordings, tutorials, white papers, audio, video and other content uploaded or provided by third parties or otherwise received from third parties. FightSMA does not permit the use of Content on the Sites that infringes on the copyrights, trademarks, or other intellectual property rights or rights of publicity of others. FightSMA will remove any such Content if properly notified of such violation in accordance with the procedure set forth in the Terms Of Use and under the Digital Millennium Copyright Act (DMCA). Please see 17 U.S.C § 512(c)(3) for the requirements of a proper notification. If you believe that any of the content on the Sites infringes your copyrights, trademark rights, or other intellectual property rights, or your rights of publicity, please contact us through our Contact Us page [Contact Us Link]. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the allegedly infringing material or activity.

FightSMA’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is Joe Slay (joe.slay@slaycommunications.com).

Governing Law; Venue

The Terms Of Use and FightSMA’s Privacy Policy are governed by the laws of the State of Virginia, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement will only be brought in the state or federal courts located in Alexandria, Virginia. You irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts over any suit, action or proceeding arising out of FightSMA’s Terms of Use and Privacy Policy.

Severability


If any provision of the Terms Of Use or Privacy Policy is held to be illegal, invalid, or unenforceable, then that provision will be fully severable from the Terms Of Use and will not affect the legality, validity, or enforceability of the remaining provisions of the Terms Of Use or Privacy Policy.

Waiver

Failure by us to enforce any particular term of the Terms Of Use or the Privacy Policy will not be construed as a waiver of any of our rights hereunder.

Questions

Questions or comments about the Sites may be directed to FightSMA through our Contact Us page or by calling us at 703.299.1099.

The Terms of Use are Effective as of October 29, 2014.
© 2015 FightSMA, Inc. All rights reserved.