IMPORTANT – This is a legal agreement between you and the Bone Marrow and Cancer Foundation (hereafter “BMCF” or “we” or “our”), the owner of the BMCF CancerBuddy App (“the App”).  Before accessing, downloading or using any part of the App, you should read carefully the following terms and conditions contained in this terms of use agreement (the “TOU”), because your access to and use of the App – and any services, content, tools, material or information available through the App – are subject to these Terms of Use, as well as to all applicable laws and regulations, along with any other terms and conditions set forth by BMCF.

BMCF is willing to license and allow the use of the App only on the condition that you accept and agree to all of the terms and conditions contained in the TOU, including the Community Guidelines (see below). If you do not agree with the TOU, you are not granted permission to access or otherwise use the App and are instructed to delete or otherwise remove the App from your mobile device immediately.

The TOU may be changed or updated from time to time without advance notice. The date the terms of use were last updated is stated at the end of this document. You are encouraged to review these terms of use periodically for updates and changes. You acknowledge and agree that if you continue to use the App after these terms of use have been changed or updated, you will be bound by the revised TOU.

Terms and Conditions

Description of the Service

The BMCF CancerBuddy App provides access to an online community where individuals who are in treatment for cancer, in recovery, or who is a caregiver to someone with cancer, can connect, find support, share experiences, and engage in a community. 

Registration and Restrictions

You can download the App without being required to register or provide us with any personally identifying information.  However, in order to utilize any of the features and functionality of the App, you will be required to register in order to create an account (the “Account”).  As part of the registration process, you will be asked to provide certain information about yourself, including your name, email and birth month and year. You will also be asked to create a username and password.  The username and password that you provide are your credentials ("Credentials"), and you will use these Credentials in order for the App to authenticate you as a registered user of the App. 

You may not have more than one active set of Credentials. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, non-current or incomplete (or becomes untrue, inaccurate, or non-current), or BMCF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the App.  You are responsible for maintaining the confidentiality of your Credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your Account. You agree to notify us immediately - by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. - of any unauthorized use of your Account or any other breach of security. 

Any personally identifying information you provide to us is governed by our Privacy Policy - located here - and you hereby acknowledge and agree to any such use and further specified therein.

Acknowledgments

By downloading, accessing, or using the App you represent that you are at least 13 years of age.  If you are less than 13 years of age, you are prohibited from using the App unless you have the express permission of your parent/guardian. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the App. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the App is solely at your own risk.  While BMCF has endeavored to create a secure and reliable App, you should understand that the confidentiality of any communication or material transmitted to/from the App over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, BMCF is not responsible for the security of any information transmitted to or from the App. 

Age Requirements/Notice to Parents

The App is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the App by anyone under 13 is unauthorized without parental/guardian consent.  If you are under 13 you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you can only use the App with their permission and under their supervision.  If you are a parent or guardian of a child who is under the age of 13 years of age and you give your child permission to use the App, you hereby agree to the terms set forth in these Terms of Use on behalf of both yourself and your child.

Community Guidelines

Rights to Monitor

We want the App to be a place where people feel welcome, safe and empowered to express themselves and share their thoughts, and so we have created these community guidelines.   Please note that BMCF will have the right to investigate and prosecute violations of any of the below standards to the fullest extent of the law.  You acknowledge that BMCF has no obligation to monitor your access to or use of the App, but has the right to do so for the purpose of operating the App, and to ensure your compliance with these Terms of Use and community standards, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  BMCF reserves the right, at any time and without prior notice, to suspend or terminate your Account, or restrict, disable or permanently bar your use and  access to the App (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the below prohibited activities.

Guidelines

You agree to abide by the following guidelines:

• You represent that you are a cancer patient, survivor or caregiver.
• You agree to respect differences among participants in race, religion, gender and sexual orientation, among others. You acknowledge that BMCF respects all political and religious beliefs and agree to limit your discussion of politics and religion to their role in your physical and emotional health.
• You agree not to communicate any personally identifiable information about any person, without his/her/their advance written consent.
• You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, or participate in deliberate, repeated, hostile behavior. You also agree not to post messages that contain material that is inappropriate, false, misleading, unlawful, hateful, profane, disruptive, defamatory, false, abusive, libelous, hateful, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, obscene, pornographic, hostile, or indecent.
• You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity and not to use more than one username at a time.
• You acknowledge that all members are permitted only one set of Credentials, and that operating multiple Accounts, even with unique email addresses, is not permitted. You acknowledge that the use of false registration information or creating multiple Accounts on the App may result in permanent suspension of all associated registrations without notice.
• You agree not to violate the intellectual property rights of others, and you agree not to post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• You agree not to use the App for commercial purposes, marketing, self-promotion, or to advertise or promote any goods or services or solicit anyone to buy or sell goods or services.
• You agree not to violate any applicable local, state, national or international law in your use of this App.

Reporting Abuse

If you believe any of the Content or activities/actions of a user on the App violates these TOU/Guidelines, please click “Block & report” next to that user’s name to report the violation.

Health Care Disclaimer

Nothing in the content, information or treatment suggestions that might be offered by App users or otherwise appearing on the App (the “Content”) should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Any content that may be shared by a user of the App is their own, and is not endorsed by BMCF.  You hereby acknowledge, understand and agree that this App and its content do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment, and that none of the Content has been reviewed by medical professionals. You should always talk to your health care provider for specific guidelines and instructions, including those related to diagnosis and treatment of medical conditions.

Disclaimers

While BMCF endeavors to provide a reliable and functional App, the App and all Content are provided on an "as-is" and "as available" basis and may include errors, omissions, or other inaccuracies. You assume the sole risk of making use and/or relying on the App and any Content.  BMCF expressly disclaims all warranties and conditions with respect to the App and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty under the uniform computer information transactions act as enacted by any state. BMCF also makes no representation or warranty that the App will operate error free or in an uninterrupted fashion or that any files or information that you download from the App will be free of viruses or contamination or destructive features.

Limitation of Liability

Under no circumstances shall BMCF (and its successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, networks, and distributors) be liable for (i) any direct, indirect, punitive, incidental, special, exemplary, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits that result from the use of, or the inability to use, the App, or (ii) any action taken in connection with an investigation by BMCF or law enforcement authorities regarding your or any other party's use of the App, or (iii) any errors or omissions in the service's operation, or any damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, loss of goodwill, whether in an action of contract, negligence, strict liability, tort or any other action. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using this App, you expressly agree to the allocation of risk set forth herein; if you do not agree to this allocation of risk, you must not use the App.

Term and Termination

These TOU and your right to use the BMCF App will take effect at the moment you install or download the BMCF App or any of its features, and is effective until terminated as set forth below. In addition, BMCF reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the App for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of these TOU, or in order to protect its name and goodwill, its business, and/or other users.  Termination will be effective without notice.  you may also terminate these TOU at any time by ceasing to use the App and all of its related features, including any Content BMCF created by the App, but all applicable provisions of these TOU will survive termination, as identified below.  Upon termination, you agree to delete or otherwise remove the App from your mobile device.  In addition to the miscellaneous section below, the provisions concerning BMCF's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of these TOU for any reason.

Intellectual Property Rights

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of BMCF or one of its affiliates.  All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of BMCF or one of its affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the App are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this App without the prior written authorization of BMCF or their respective owners.

Copyright

Except as otherwise expressly stated, all content appearing on this App is the copyrighted work of either BMCF or its third party content suppliers or authorized users, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of BMCF, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this App, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of BMCF, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by BMCF. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. BMCF does not warrant nor represent that your use of any content or materials displayed on this Website will not infringe rights of third parties. 

BMCF License Grant

The BMCF App is provided by BMCF, and these TOU provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to download and install a copy of the App on any mobile device or tablet that you own or control and to run such copy of the App solely for your own personal use.  Your use the App and any services or information made available through the App is conditioned on your continued compliance with the terms and conditions of these TOU.  Accordingly, you expressly acknowledge and agree that BMCF transfers no ownership or intellectual property interest or title in and to the BMCF App to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, compositions, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the App, unless otherwise indicated, are owned, controlled, and licensed by BMCF and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, BMCF does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of the BMCF App may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

Reservation of Rights

BMCF reserves the right in its sole discretion and at any time to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the App, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the App or to comply with applicable law.  BMCF shall not be liable to you or to any third party for any such modifications, interruptions, suspensions or discontinuances of the App.

Indemnity 

You agree to defend, indemnify, and hold harmless BMCF and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, and officers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach or alleged breach by you of these TOU.

Governing Law

These TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and BMCF each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

Arbitration

Any disputes or claims under these TOU or its breach shall be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules.  One arbitrator appointed under such rules shall conduct arbitration.  Arbitration shall be in New York County, New York, and the laws of New York shall be applied.  Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, BMCF may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against BMCF must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the App and/or any of the services, or the Ads, Rewards or the TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by BMCF with respect to a breach by you or others does not waive BMCF’s right to act with respect to subsequent or similar breaches.

No Class Action

You and BMCF agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor BMCF will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or BMCF acts or proposes to act in a representative capacity. You and BMCF further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, BMCF, and all parties to any such proceeding.

Miscellaneous

These TOU constitute the entire agreement between you and BMCF and governs your use of the App, superseding any prior agreements between you and BMCF. you will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of BMCF. Any purported assignment or delegation by you without the appropriate prior written consent of BMCF will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by BMCF to insist on strict performance of any of the terms and conditions of these TOU will not operate as a waiver by BMCF of that or any subsequent default or failure of performance.  The App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BMCF to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the App or any portion of the App, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the App provides.  If any provision (or part thereof) contained in these TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and BMCF as result of these TOU or your utilization of the BMCF App.  Headings herein are for convenience only.

Changes to the Terms of Use

BMCF reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

Terms of Service: last updated January 26, 2022.