The following terms constitute an agreement between you and Immunomedics, Inc. (“Humanly”), the operator of www.livehumanly.com (the “Site”). This agreement governs your use of the Site, both as a casual visitor and a Contributor as described below.
By accessing or using the Site, you agree to be bound by the terms of this Agreement. To the extent you register on the Site as a Contributor, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to Contributors shall apply to you too.
To become a Contributor and access the area on this Site reserved for contributors to submit stories (the “Contributor Area”), Humanly requires and you represent that you are either a (a) diagnosed patient of the community you are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants or (e) guest as authorized by a Humanly member or employee.
Children under the age of 13 are prohibited from registering as contributors or otherwise accessing, viewing or using the Site. By engaging with the Site, you represent that you are age 13 or older.
Humanly invites you to use this Site for individual, consumer purposes (“Permitted Purposes”) – enjoy!
In this Agreement, Humanly is granting you a limited, personal, non-exclusive and non-transferable license to use and to display all of the text, data, information, software, graphics, photographs, video, audio recordings, photographs, and more made available via the Site (collectively, the “Materials”). Your right to use the Materials is conditioned on your compliance with this Agreement. You have no other rights in this Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Site or Materials in any manner. If you make copies of this Website or the Materials while engaging in the Permitted Purposes then Humanly requests that you be sure to keep on the copies all of Humanly’s copyright and other proprietary notices as they appear on the Site.
This Site Does Not Provide Medical Advice
All of the material provided on the Site, such as text, outcomes, patient profiles, graphics, photographs, images, advice, messages, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Humanly does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Humanly, by persons appearing on the Site at the invitation of Humanly, or by other contributors is solely at your own risk.
Acceptable and Lawful Use of Site by Contributors
Contributors shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Contributors shall not interfere with other Contributors’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, including the use of expressions of bigotry, racism, hatred, or profanity). Contributors may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All Contributors represent and warrant that the information they provided when submitting as a Contributor, and all information that they subsequently provide regarding themselves and their contributions, is true and accurate and not misleading.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by contributors, or collect information about our contributors, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your contributor account to take such actions.
Site for Non-Commercial Use Only
The Site content, including the Contributor Area and the content and information contained in the Contributor Area, is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Contributors and should not use the Site without express consent from Humanly. Users of Humanly Our Story with individual commercial interests may not solicit or overtly promote their products or services within the Contributor Area. All content shared within the site is not for external use. To garner permission and access to contributors, please direct all media and analyst inquiries to firstname.lastname@example.org and all research requests to email@example.com. Representatives from life sciences and insurance companies are prohibited from submitting stories in our community. Please direct inquiries to firstname.lastname@example.org.
Posting and Use of Content in the Contributor Area
The Contributor Area includes publishing areas, such as story recording and Contributor profile areas, where Contributors may post audio, video, or written messages (“User Submissions”). If you are a Contributor, you agree that you are solely responsible for you User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. You understand that video content containing your image or audio content containing your voice may be modified, posted, and distributed on the Site and otherwise. You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, Humanly does not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising Humanly that:
• You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, You have acquired all necessary rights in your User Submissions to enable you to grant Humanly the rights in your User Submissions as described in this Agreement;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, personality rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant Humanly an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Humanly deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
While the Contributor Area is monitored periodically for topicality, Humanly has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.
Humanly’s designated Copyright Agent for notice of claims of infringement is:
Immunomedics Inc., Humanly
300 The American Road
Morris Plains, NJ 07950
telephone: (973) 605-8200
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Humanly at support@Humanly.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Links to Other Websites
Humanly may contain links to other websites that are not under the control of Humanly. The inclusion of any link does not imply endorsement by Humanly of such site and Humanly is not responsible for the content of such linked sites.
You agree that Humanly may, with or without cause, immediately terminate or delete your Humanly contribution and/or User Submission or limit or terminate your access to the Contributor Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Humanly of a Contributor’s access and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated contributor cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Humanly has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications to this Agreement and Site
We reserve the right to modify this Agreement and Site, including without limitation removing features, functionality, and/or Materials from the Site, at any time, and without prior notice. In the event we modify this Agreement, we will notify you by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Contribution to Humanly Our Story is currently free. Humanly reserves the right from time to time change the terms of this Agreement and charge for contributions and/or to provide additional optional services for a fee.
Disclaimer of Warranties
THE SITE AND THE MATERIALS AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUMANLY DOES NOT MAKE AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH REGARD TO THE SITE, THE MATERIALS, OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE TO THE EXTENT PERMITTED BY LAW. HUMANLY DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR EMAILED BY OTHER CONTRIBUTORS OF THE SITE ARE NOT IN ANY WAY VETTED, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HUMANLY, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THIS SITE OR ANY MATERIALS OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES PROVIDED ON THE SITE.
You agree to indemnify and hold harmless Humanly (Immunomedics Inc.), its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
If you register as a Contributor or sign up to join the Humanly community, you agree that Humanly may send notices to you by email at the email address you provide when contributing or signing up to become a member of our community (or which you later update using the functionality of the Site).
Governing Law and Venue
This agreement shall be governed by the laws of the state of New Jersey and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with contributors of or use of the Site, shall be litigated exclusively in the state and federal courts residing in the state of New Jersey, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the state of New Jersey.
Humanly and the Humanly logo are trademarks of Humanly (Immunomedics Inc.). You agree not to display or use these trademarks in any manner without Humanly's prior, written permission.
Humanly (Immunomedics Inc.) may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at: email@example.com
Immunomedics Inc., Humanly
Attn: User agreement Issues
300 The American Road
Morris Plains, NJ 07950
We at Humanly believe in the power of people’s stories to drive change and innovation in the way we approach product development in healthcare, and at Immunomedics. So, we think it’s worthwhile to have a place that is focused on sharing the human experiences of living with cancer—the emotional, mental, spiritual, and physical dimensions of your life that often go unaddressed in a traditional clinical environment.
The Humanly editors may review submissions prior to publishing on the Site to ensure the submissions are not centered around treatment options or clinical outcomes. In order to help us humanize this disease with the broader community, we encourage you to share stories that adhere to the following guidelines:
• Stories that are based on a true experience
• Stories that are fearlessly honest in their delivery
• Stories that focus on a positive shift for self-advocacy
• Stories that provide tools to shift perspective