Terms of Use

Last Modified: 04.01.19

The following terms and conditions (“Terms of Use”) are entered into by and between you (“User”) and the International Association for the Study of Lung Cancer (“IASLC”). These Terms of Use govern your access to and use of our websites iaslc.org and lcam.org, including any content, functionality, and services offered on or through iaslc.org and lcam.org (collectively, the “Sites”).

By using our Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you may not access or use our Sites.

Our Services

IASLC is a research and advocacy organization dedicated to the study of lung cancer. IASLC provides access on its Sites to numerous resources, including but not limited to, public forums, educational resources and various other online and communication tools, including the ability of Users to share and view stories of lung cancer survivors as part of IASLC’s participation in the Lung Cancer Awareness Month (“LCAM”) Coalition (collectively, the “Service”).

Changes to the Terms of Use

IASLC may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when IASLC posts them. Your continued use of our Sites following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on all Users.

Accessing our Sites and Account Security

IASLC reserves the right to withdraw or amend the Sites, our Service, and any other service or material IASLC provides on our Sites, in its sole discretion without notice. IASLC will not be liable if for any reason all or any part of a Site is unavailable at any time or for any period. From time to time, IASLC may restrict access to some parts of a Site, or an entire Site, to Users, including registered Users.

Users are responsible for making all arrangements necessary to have access to our Sites and ensuring that all persons who access a Site through a User’s internet connection are aware of these Terms of Use and comply with them.

To access some of the resources our Sites offer, Users may be asked to provide certain registration details or information. It is a condition of your use of our Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with a Site or otherwise, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy

Those Users who register on our Sites are responsible for the security and confidentiality of their user name, password, or other related security information. You acknowledge that your account is personal to you and agree not to provide any other person with access to a Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

IASLC has the right to disable any user name, password, or other identifier, whether chosen by you or provided by IASLC, at any time in IASLC’s sole discretion for any or no reason, including if, in IASLC’s opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Sites and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by IASLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites.

Notwithstanding the foregoing, you may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may also print or download one copy of a reasonable number of pages of a Site for personal, non-commercial use and not for further reproduction, publication, or distribution. If IASLC provides desktop, mobile, or other applications for download, you may also download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If IASLC provides social media features with certain content, you may take such actions as are enabled by such features.

You further agree that you will not modify copies of any materials from a Site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites. You also agree that you will not access or use for any commercial purposes any part of the Sites or the Service, or any other services or materials available through the Sites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at IASLC’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by IASLC. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The IASLC and LCAM name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of IASLC or its affiliates or licensors. You must not use such marks without the prior written permission of IASLC. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • in any way that violates any applicable federal, state, local, or international law or regulation;
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material without IASLC’s prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • to impersonate or attempt to impersonate IASLC, an IASLC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by IASLC, may harm IASLC or Users of the Sites or expose them to liability.

You further agree that you will not:

  • use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
  • use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
  • use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
  • use any device, software, or routine that interferes with the proper working of the Sites;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites RE stored, or any server, computer, or database connected to the Sites;
  • attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Sites.

User Contributions

The Sites may contain message boards, forums, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials, including lung cancer survivor stories (collectively, “User Contributions”) on or through the Sites.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Please note that any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant IASLC and its affiliates, and each of their licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to IASLC and IASLC’s affiliates, and each of their licensees, successors, and assigns; (ii) your User Contributions do and will comply with these Terms of Use; and (iii) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not IASLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

IASLC is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Sites.

Monitoring and Enforcement; Termination

IASLC reserves the right to:

  • remove or refuse to post any User Contributions for any or no reason in its sole discretion;
  • take any action with respect to any User Contribution that IASLC deems necessary or appropriate in its sole discretion, including if IASLC believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Sites or the public, or could create liability for IASLC;
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; and
  • terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, IASLC has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS IASLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, IASLC cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, IASLC assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. IASLC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all User Contributions and the Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
  • give the impression that they emanate from or are endorsed by IASLC or any other person or entity, if this is not the case.

Copyright Infringement

IASLC takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to IASLC’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works;
  • identification of the material you believe to be infringing in a sufficiently precise manner to allow IASLC to locate that material;
  • adequate information by which IASLC can contact you (including your name, postal address, telephone number, and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

IASLC’s designated copyright agent to receive DMCA Notices is:

            IASLC Copyright Agent

            International Association for the Study of Lung Cancer

13100 E Colfax Ave Unit 10, Aurora, CO 80011

(720)325-2956

LCAM@iaslc.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. IASLC does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. IASLC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

Our Sites may include content provided by third parties, including materials provided by other Users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by IASLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of IASLC. IASLC is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Sites

IASLC may update the content on our Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and IASLC is under no obligation to update such material.

User Information

All information IASLC collects on our Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Sites and Social Media Features

You may link to IASLC’s homepage, provided you do so in a way that is fair and legal and does not damage IASLC’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without IASLC’s express written consent.

Our Sites may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on our Sites, send emails or other communications with certain content, or links to certain content, on our Sites, and/or cause limited portions of content on our Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by IASLC and solely with respect to the content they are displayed with. Subject to the foregoing, you agree that you will not: (i) establish a link from any website that is not owned by you; (ii) cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) link to any part of the Sites other than the homepage; or (iv) otherwise take any action with respect to the materials on our Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with IASLC in causing any unauthorized framing or linking immediately to stop. IASLC reserves the right to withdraw linking permission without notice. IASLC may also disable all or any social media features and any links at any time without notice in its discretion.

Links from our Sites

If the Sites contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. IASLC has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that IASLC cannot and does not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, IASLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF OUR SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IASLC NOR ANY PERSON ASSOCIATED WITH IASLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER IASLC NOR ANYONE ASSOCIATED WITH IASLC REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IASLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL IASLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless IASLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.

Governing Law and Jurisdiction

IASLC is based in the state of Colorado in the United States. IASLC makes no claims that the Sites or any of content therein are accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver, although IASLC retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by IASLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IASLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and IASLC regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

Questions, Comments and Concerns

Please direct feedback, comments, requests for technical support, and other communications relating to the Sites to LCAM@iaslc.org.