PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE UC AND CROHN’S WEBSITE and any successor websites thereof. The Starlight Starbright Children’s Foundation (formerly known as The STARBRIGHT Foundation), a California non-profit public benefit corporation, together with Crohn’s and Colitis Foundation of America (“CCFA”), a New York non-profit organization (collectively “we,” “us”), provides the UC and Crohn’s website, which is a private online community, and all site-related services (collectively, the “Site” or “UC and Crohn’s”) to teenagers and other users to use the Site (“users”). By using the Site, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”). It is important that you read carefully and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site. As used in this Agreement, “you,” “yourself,” and “your” means and refers to you on behalf of yourself and your child (or minor to whom you are the legal guardian) who is the user of the Site.
We reserve the right at any time to:
Code of Conduct. While using the Site or the Downloaded Software (defined in Section 6), you agree not to:
Access and Use of Forums on Other Sites. Please note that any activities on message boards, chat rooms, blogs, online survey, activities, games, contests and other communication forums referred on and/or hyperlinked from the Site (collectively, the “Forums”) can be accessed through other sites hosting such Forums, and in some cases, via certain registration and authorization process required by the sites hosting such Forums. Any access or use by you of those sites (and any Forums contained therein) will be governed by their terms of use, privacy policy and other specific applicable rules. We urge you to read these rules and terms of use, and to review their privacy policy, which will govern any information you submit in connection with such Forum activities.
Claims of Copyright Infringement. 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. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us 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 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 us to locate the material on the Site; (d) the name, address, telephone number, and email 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 us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/for details. Notices and counter-notices with respect to the Site should be sent to: The Starlight Starbright Children’s Foundation, Attention: Director, Starbright World, 1850 Sawtelle, Suite 450, Los Angeles, CA 90025, and SBWprivacy@starbright.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Ownership and Restrictions on Use. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials, content or information available on or through the Site from the Site in any way, without our prior written permission. The Site and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Site may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement. Modification of such materials, content or information, or the use thereof for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Downloaded Software is further subject to United States export controls which you agree to comply with. We reserve the right to limit the availability of the Site and/or any service, item, material, feature or function to any user based on any criteria, at any time and in our sole discretion, and to limit the quantities of any such service, item, material, feature or function that we provide at any time in our sole discretion.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof at any time and for any reason, with or without cause. Upon termination of this Agreement by any party, your right to access and/or use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
Disclaimers. ALL ARTICLES AND MESSAGES THAT APPEAR IN THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. NONE OF THE INFORMATION ON THE SITE IS INTENDED TO SERVE AS MEDICAL ADVICE, OR A SUBSTITUTE FOR MEDICAL ADVICE, TREATMENT OR CARE. WE DO NOT GUARANTY OR WARRANT THAT THE INFORMATION CONTAINED WITHIN THE SITE IS ACCURATE, COMPLETE, RELIABLE OR UP TO DATE, AND NO INDIVIDUAL SHOULD RELY ON SUCH INFORMATION. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE ACCESS OR USE OF THE SITE (WHETHER THROUGH A LINK, SUBLINK OR OTHERWISE), ANY CONTENT, INFORMATION, PRODUCT OR SERVICE OBTAINED FROM ANOTHER SITE ACCESSIBLE THROUGH THE USE OF THE SITE AND THE DOWNLOADED SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, DONORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, DONORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE DOWNLOADED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR THE DOWNLOADED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS, TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ANY AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE DOWNLOADED SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT BY US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE DOWNLOADED SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT, PRIVACY PRACTICES OR OTHER TERMS AND CONDITIONS THAT GOVERN YOUR USE OF ANY THIRD PARTY SITE THAT MAY BE ACCESSED THROUGH THE USE OF THE SITE AND THAT YOUR USE OF ANY SUCH THIRD PARTY SITES ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness.
Limitation of Liability. NEITHER WE NOR OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, DONORS, AND AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE DOWNLOADED SOFTWARE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE AND/OR THE DOWNLOADED SOFTARE IS TO STOP USING THE SITE AND/OR DOWNLOADED SOFTWARE, AS APPLICABLE. OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO US IN CONNECTION WITH ACCESS TO UC AND CROHN’S. FURTHER, IN THE EVENT THAT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN EFFECT.
Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. Any dispute, claim or matter arising from or relating to your use of the Site, the Downloaded Software or this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between parties relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between the parties. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent. Any waiver by us must be in writing in order to be valid. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Please read the UC and Crohn’s Privacy Policy.