Last Updated February 4, 2019
By using this website, you accept the following agreement (the “Agreement”). This Agreement may be updated from time to time at the sole discretion of Lung Project (“Lung Project”). Use of this website at any time constitutes your acceptance of the latest version of this Agreement. If you do not accept this Agreement, do not use this website.
RESTRICTIONS ON USE
You acknowledge and agree that all content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of Lung Project or its content suppliers, and is protected by U.S. and international copyright laws.
Except as otherwise indicated on this website, any person using this website is authorized to copy, print, or distribute any of its contents only as set forth below, and Lung Project may terminate such authorization at any time:
- Users may print out individual pages, but cannot copy or download a large portion of the website. Users are not permitted to utilize bots, web crawlers, spiders, or any other tools that “harvest” the website.
- Users may download, print, distribute and use pages from the website for informational, non-commercial purposes only .
- Any copies of such documents or pages must not alter the original website content and must include the Lung Project copyright notice: “© 2016 Lung Project. All Rights Reserved.”
- No one may frame this website, or any portion thereof, without the express written permission of Lung Project. Linking to this website is permitted, provided that the link does not falsely imply or suggest that Lung Project has endorsed, or is affiliated with, the linked website. Lung Project is not liable for the contents of any third-party websites linked to its website.
- Violations of Law.You are prohibited from using this website to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any person. We reserve the right to report any such activity to appropriate law enforcement officials, regulators, or other third parties, and we may do so without prior notice to you.
- Security Violations.You are prohibited from violating, or attempting to violate, the security of the website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain services not intended for your use; (c) attempting to probe, scan, or test the vulnerability of the website or its infrastructure; (d) tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other devices that intend to (or actually) damage or disrupt the website or its infrastructure; and (f) interfering with, or intercepting, any service or data relating to the website, including by means of overloading, “flooding,” “mailbombing,” or “crashing” the website or its infrastructure.
- You are prohibited from using this website to transmit materials of a harassing or threatening nature.
- Offensive or Unlawful Materials.You are prohibited from using this website for the display or distribution of offensive or unlawful materials, including materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar, or hateful, or materials that infringe or violate the intellectual property, privacy, publicity, or other personal rights of others.
- You are prohibited from using this website in connection with spam. Spam is not only annoying to other users, but it might degrade the website or interfere with its operation. Spam includes any of the following activities: (a) sending any unsolicited e-mail that could provoke complaints; (b) sending unsolicited email without identifying a clear and easy means to be excluded from receiving additional email from the same source; and (c) sending email that does not accurately identify the sender, the sender’s return address, and email address.
- Other Prohibited Conduct.You further agree that when using this website, you will not do any of the following: (a) post or upload any content containing any solicitation; (b) download any content that you know, or reasonably should know, has not been lawfully posted or distributed; (c) falsify or delete any author attributions or proprietary or legal notices; (d) use another’s password without permission or impersonate another person; or (e) harvest or otherwise collect information about others, including email addresses, without their consent.
We reserve the right to determine, in our sole discretion, whether you have used the website in a prohibited way. We reserve the right, but not the obligation, to monitor the website and, if we become aware that you have used (or attempted to use) the website for a prohibited purpose, we reserve the right to take any action we deem appropriate, including terminating your access to the website. We may not notify you before we take any such action against you.
Access to certain areas of the website may require registration with both a user name and a password (“User Information”), as well as provision of certain registration information, which must be accurate. You are responsible for maintaining the confidentiality of your User Information. You agree not to use another person’s User Information or select User Information: (a) with the intent to impersonate another person; (b) in violation of the intellectual property rights of another person; or (c) that Lung Project, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political belief, national or social origin, property, birth, or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by Lung Project. Failure to comply with the foregoing shall constitute a breach of the Agreement, which may result in immediate suspension or termination of your User Information. Lung Project will not be liable for any loss or damage arising from your failure to comply with these obligations. Lung Project reserves the right to delete or change User Information at any time and for any reason.
All trademarks, service marks, and trade names of Lung Project or its grantees, partners, vendors, or licensors used herein (including, but not limited to, the Lung Project name and logos) (collectively “Marks”) are trademarks or registered trademarks of Lung Project or its grantees, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Lung Project’s prior written consent.
LIMITATIONS OF LIABILITY
Lung Project and its affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. Lung Project shall not be liable for Submissions or the defamatory, offensive, or illegal conduct of any third-party and the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for any claim or dispute with Lung Project is to discontinue your use of the website.
You agree to defend, indemnify, and hold Lung Project harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from and related to (a) your use of the website; (b) your violation of this Agreement; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any Submissions that you provide to Lung Project; or (f) any other party’s access to, and use of, the website with your unique username, password, or other appropriate security code.
Lung Project respects the intellectual property rights of others. If you believe that any material on this website infringes your copyrights, you may notify us in the way identified below. When we receive such a notice, we may remove or disable access to the material claimed to be infringing and/or, in appropriate circumstances, terminate the accounts or website access of any repeat infringers. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the individual or entity who submitted the material, so that that he or she has the opportunity to make a counter notification.
Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, Lung Project has designated an agent to receive notifications of claimed infringement. If you have any queries or complaints regarding copyright infringement, you may send your queries to:
208 East 51stStreet
New York, NY 10022
Consistent with the U.S. Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), to file a notice of copyright infringement with us, you must provide a written communication to our contact identified above, in which you do the following (preferably in this format):
- Give enough information to enable Lung Project to contact you regarding your complaint, including your name, address, telephone number and, if available, email address.
- Identify in sufficient detail the copyrighted material(s) and/or work(s) that you claim is/are being infringed on this website.
- Identify in sufficient detail the material(s) and/or work(s) that you claim is/are causing such infringement, and give enough information (such as a web page address) to allow Lung Project to locate such material(s) and/or work(s) within the website.
- State that you have a good-faith belief that use of the copyrighted material(s) and/or work(s) in item (2) above is not authorized by the copyright owner, its agent or the law.
- State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) and/or work(s) that you claim in (2) above is/are being infringed, or are authorized by such owner to act on its behalf.
- Provide your physical or electronic signature.
Please note that if you falsely claim that any posted content is infringing your copyrights, you may be liable for monetary damages, costs, and attorney’s fees.
Pursuant to Sections 512(g)(2) and (3) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the provider of the content named in the above infringement notification may make a counter-notification. When we receive such a counter-notification, we may reinstate the material in question on our website or cease disabling access to it. To file a counter-notification with us, you must provide a written communication to the contact identified above, in which you do the following (preferably in this format):
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
- Identify 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 (i.e., the specific URLs or other unique identifying information).
- State 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.
- Provide your physical or electronic signature.
Please note that if you falsely claim that any posted content was removed or disabled due to Lung Project’s mistake or misidentification, you may be liable for monetary damages, costs, and attorney’s fees.
OTHER WEBSITE CONCERNS
If you wish to write to Lung Project about any other issue concerning the website, please use the contact information below: Lung Project 208 East 51stStreet, #256 New York, NY 10022 Email: email@example.com. Please include details that would assist Lung Project in investigating and resolving any concerns you may have.
The website is provided by Lung Project on an “as is” and “as available” basis. Lung Project makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on this website. You expressly agree that your use of this website is at your sole risk. Lung Project does not warrant that the information in this website is accurate, reliable, or correct, that this website will be available at any particular time or location, or that the website is free of viruses or other harmful components. The material in this website may include technical inaccuracies or typographical errors. Lung Project may make changes to the website and its contents at any time.
Lung Project may suspend or terminate your use of the website or your account at any time, for any reason, or for no reason. Lung Project may also block your access to the website in the event that (a) you breach this Agreement; (b) Lung Project is unable to verify or authenticate any information you provide; or (c) Lung Project believes that your actions may cause any type of harm, financial loss, or legal liability to Lung Project or other website users.
Lung Project makes no representation that materials on this website are appropriate or lawful for use or access in locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws. Furthermore, our databases connected with this website are located in the United States. By posting to our website or sending us your data, you consent to its transfer to and from, and storage within, the United States.
You agree that your use of this website, this Agreement, and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Manhattan, New York.