Effective Date: June 26, 2020
While STO makes every effort to see that no inaccurate or misleading data, opinion, or statement appears in these educational programs or affiliated publications, STO wishes to state that the data and opinions in the video presentations, podcasts, articles, advertisements and discussions are the responsibility of the contributor or supporter concerned. Accordingly, STO and their officers and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement.
Eligibility; Representations, Warranties, and Covenants
To be eligible to use the Services, you must meet the following criteria and represent, warrant and covenant that you (a) are not currently restricted from the Services or not otherwise prohibited from having an STO account; (b) will maintain only one STO account at any given time; (c) have full power and authority to enter into this Agreement; and (d) doing so will not violate any other agreement to which you are a party.
Security and Sign-in Credentials
You agree to (a) keep your password secure and confidential; (b) not permit others to use your account; (c) refrain from using the accounts of others; (d) refrain from selling, trading, or otherwise transferring your STO account to another party; and (e) refrain from charging anyone for access to any portion of the Services or Content. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You agree that you will not use the Website to (a) transmit spam, bulk, or unsolicited communications; (b) pretend to be STO or someone else or spoof STO’s or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Services or Content transmitted through the Website; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' abilities to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law, including, but not limited to, operating an illegal lottery or gambling operation, stalking, or making threats of harm; (g) use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Website, the Services, the Content, or any portion or derivative thereof for any purpose; or (h) collect or store personal data about other users of the Website unless specifically authorized by such users.
You agree not to upload, post, or otherwise transmit via the Website any material that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, or harassing; causes duress, distress, or discomfort to another; or is otherwise objectionable to STO or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights or publicity rights; (d) 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; (e) is a form of advertising not approved in advance in writing by STO; or (f) is injurious to the interests of STO or other users of the Website. STO reserves the right to edit or remove any Content from the Website at any time, at its sole discretion, without notice to users.
You expressly agree that STO does not claim ownership of any content that you upload, post, or otherwise transmit via the Website and that STO shall have no obligation of any kind with respect to such content. STO makes no representation that your use of the Web site will comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content posted, displayed, linked to, or otherwise transmitted via the Website. We also do not endorse any opinions expressed in or through any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content.
Any content that you provide in connection with this Web site shall be deemed to be provided on a nonconfidential basis. STO shall be free to reproduce, distribute, display, perform, and/or prepare derivative works based upon such content on an unrestricted basis for any purpose, and you grant STO and all other users of the Web site an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive license to do so in any format and by any means now known or hereafter invented. You represent and warrant that you have proper authorization to grant these rights respecting content that you provide to STO via the Web site.
Disclaimer of Medical Liability
The Content does not constitute medical advice and is not intended for use in the diagnosis or treatment of individual conditions. The Content is not comprehensive and should not be used as a substitute for consultation with a licensed medical professional or other traditional sources of medical information. The mention of any product, service, organization, activity, therapy, or any other item or material on the Web site should not be construed as an endorsement by STO. We disclaim any responsibility for any injury to persons or damage to property arising out of or related to the Content.
Indemnification, Disclaimer of Warranties and Limitation of Liability
THESE SERVICES AND WEB SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION. FREEDOM FROM INTERRUPTION OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE ACCURACY OF THE CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DATA AND OPINIONS IN THE VIDEO PRESENTATIONS, PODCASTS, ARTICLES, ADVERTISEMENTS AND DISCUSSIONS.
STO, THE SOCIETY FOR TRANSLATIONAL ONCOLOGY, THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR (A) ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE WEB SITE OR WHICH RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE; OR (B) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE WEB SITE OR ANY OF THE SERVICES OR CONTENT ACCESSED THROUGH OR DOWNLOADED FROM OF THE WEB SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (X) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY; (Y) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR (Z) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to the User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of North Carolina, without reference to the conflicts-of-laws rules of such State.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law (17 U.S.C. § 512). If you believe in good faith that materials hosted by the Web site infringe your copyright, you (or your agent) may send STO a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Web site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow STO to locate the material on the Web site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send STO a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/title17/92chap5.pdf for details. Notices and counter-notices with respect to our Web site should be sent to:
The Society for Translational Oncology
318 Blackwell St., Suite 270
Durham, NC 27701
By e-mail: firstname.lastname@example.org
"STO Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, and other designations that STO or its affiliates use in connection with its products and services. You may not remove or alter any STO Trademarks or cobrand your own products or material with STO Trademarks without STO's prior written consent, which may be granted or denied by STO at its sole discretion. You acknowledge STO’s rights in STO Trademarks and agree that any permitted use of STO Trademarks by you shall inure to STO's sole benefit. You agree not to incorporate any STO Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations for any use whatsoever.