IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY. YOUR USE OF the service (defined below) provided by DONOR NETWORK OF ARIZONA (“dNA”, “WE” OR “US”) IS SUBJECT TO YOUR AGREEMENT TO BE BOUND by theSE terms AND CONDITIONS (“Agreement”). you further agree that we can amend or modify this agreement at any time, with or without advance notice to you. you agree that each time you VIEW, access, use, or submit any content (defined below) on or to the service, you agree to any amendment or modification hereto.
1. Description of the Service and Grant of License to You. Subject to the terms and conditions set forth in this Agreement, We grant You a revocable, non-exclusive and limited license to view, access, use and submit Content on and to the “Wall of Life” and Stories from “The Wall” located at www.LiveOnAZ.org (the “Service”).
2. Registration. In order to use the Service, You must provide certain requested information, including, but not limited to your name and/or the name of a deceased family member, status as a registered donor, donor family member, recipient, etc…, e-mail address (stories from the wall), telephone number (stories from the wall), and other related information. You agree that You are the individual to whom the “Wall of Life” information relates and/or You have authority to provide the Information in relation to a deceased family member.
3. Grant of License to Us. You grant Us a royalty-free, non-exclusive, fully paid up, perpetual and irrevocable license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Content you provide in any form, media, software or technology of any kind now existing or developed in the future in order to provide the Service.
4. Use and Restrictions. You understand that the Service is intended for use only as provided in this Agreement. You are solely responsible for all text, images, messages, recordings and other materials (collectively, “Content”) that are submitted to the Service. We reserve the right in our sole discretion to reject or remove any Content for any reason at any time, and disclaim all warranties related to the accuracy or quality of such Content.
You further agree that You will not: (a) use the Service in any manner that may be considered objectionable, including but not limited to using the Service to upload, post, display, or otherwise transmit any Content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, or hateful or racially or ethnically objectionable; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with Us or any other person or entity; (c) advertise, promote or solicit the provision of any services or goods; (d) upload, post, display or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party; (e)interfere with or disrupt the Service; (f) violate any applicable law or regulations; (g) collect or store personal data about other users for commercial purposes; (h) reproduce, rent, lease, sublicense, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service; and/or (i) use the Service in violation of, or otherwise engage in any behavior with the intent of violating, this Agreement.
If You are aware of or suspect any violation of this Agreement by You or any third party, You shall promptly notify Us at firstname.lastname@example.org of such violation.
5. Ownership of Intellectual Property. You acknowledge DNA’s ownership of all right, title and interest in and to the Service, its content (except the Content), and related copyright or other intellectual property rights, and nothing in this Agreement should be construed as transferring any aspects of such rights to You. We reserve any and all rights not expressly granted herein.
6. Termination. We may terminate your rights hereunder for any reason or no reason, with or without advance notice. Sections 3, 5 and 7 through 9 will survive the termination of this Agreement for any reason.
7. Disclaimer of Warranty. THE SERVICE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE OR PERIOD OF PERFORMANCE, NON-INFRINGEMENT, NON-INTERFERENCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION. YOU ACKNOWLEDGE THAT THE USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICE OR ANY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITY FOR SUCH DAMAGES IS EXCLUDED, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING (WITHOUT LIMITATION) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATIONS AND OTHER TORTS.
9. Miscellaneous. This Agreement will be governed by the laws of the State of Arizona, without regard to the conflict of laws provisions thereof. In the event that either party initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive jurisdiction of such action will be in the state or federal courts of the State of Arizona. If any provision of this Agreement is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The terms of this Agreement constitute the entire agreement between You and DNA with respect to the matters set forth in this Agreement.