Terms of Use

Please read these terms and conditions of use (these “Terms of Use”) carefully. By accessing or using the DKMS website or any subdomain thereof (located at www.dkms.org and referred to herein as the "Website"), or any services provided on the Website, you agree that you have read, understand and agree to comply with these Terms of Use, whether or not you are a registered member of the Website. Please also read our Privacy Policy carefully to understand what we do with the personal information that we collect as part of your interaction with the Website. The Terms of Use, including the Privacy Policy, represent a binding contract between you and DKMS (DKMS and any of its initiatives, principals, officers, employees or agents are herein collectively referred to as "DKMS"), and are in addition to any other agreements between you and DKMS.

By using the Website, you affirm that you are eighteen (18) years of age or older, an emancipated minor, or are accessing the Website with the permission of your parent or guardian and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE, IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE AND DO NOT RETURN. Any breach of these Terms of Use immediately terminates your right to access and use the Website and all rights and licenses granted to you by these Terms of Use.

DKMS reserves the right to change, modify, add or remove portions of the Terms of Use at any time for any reason. Such changes shall be effective immediately upon posting at this URL, and the effective date will be posted for your information. Please check the Terms of Use each time you visit this Website for the most current version. You acknowledge by accessing the Website after DKMS has posted changes to the Terms of Use that you are agreeing to these terms and conditions, as modified.

Medical Disclaimer

The information on this Website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. You should discuss your specific, individual health concerns with your doctor or health care professional. The materials and discussions presented here describe treatment options and drugs that may be under study, and are for informational purposes only. Treatment options or donation procedures should be determined by an individual and his or her treating doctor based on the individual's overall health, age, disease, disease stage, and, if transplant is being considered as a treatment option, the availability of a suitably matched adult donor.

Registration

  1. Certain areas of our Website require registration, such as registering to become a potential bone marrow or peripheral blood stem cell donor. In consideration of your use of this Website, you agree that if you register on this Website, you will provide accurate, current and complete information about yourself and will maintain and update such information promptly if any of it changes. You agree that if any information you provide is inaccurate, not current or incomplete, DKMS may not be able to process your application to become a registered potential bone marrow or peripheral blood stem cell donor.

  2. You agree that DKMS may access, preserve and disclose your information as set forth in our Privacy Policy, which is accessible at [link], including if required to do so by law or to: (a) respond to your requests for customer service; (b) comply with legal process; (c) enforce these Terms of Use; (d) respond to claims that information you have provided violates the rights of others; or (e) protect the rights, property or personal safety of DKMS, its users and the public.

  3. You agree that DKMS may terminate your access to the areas of the Website requiring registration and cancel your application to become a potential bone marrow or peripheral blood stem cell donor without prior notice if DKMS believes you have violated these Terms of Use or for any other reason. You agree that DKMS is not liable to you or any third party for denying you access to any portion of the Website.

Use of the Website

Subject to your compliance with the terms of these Terms of Use, DKMS hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and make personal use of the Website. DKMS also authorizes you to print a single copy of the content found on the Website solely for your personal, non-commercial use, provided that you include any copyright and proprietary notices that are contained therein. Any other use of the Website or the content found on the Website requires the express written permission of DKMS.

You agree not to:

  1. Engage in any activity related to the Website that is contrary to applicable law, regulation or the terms of any agreements you have with DKMS or any other parties;

  2. Post or transmit any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment;

  3. Violate the security of the Website or attempt to gain unauthorized access to DKMS, the Website, data, materials, information, computer systems or networks connected to any server associated with DKMS, through hacking, password mining or any other means;

  4. Interfere with or otherwise disrupt the proper working of the Website;

  5. Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; or

  6. Input, distribute, upload, post, e-mail, transmit or otherwise make available through the Website any content that: (a) Is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) You do not have the right to make available under any law or under contractual or fiduciary relationships; (c) Is harmful to minors; (d) Constitutes personally identifiable information of any other person that such person has not authorized you to disclose; or (e) Is promotional in nature, including solicitations, or constitutes junk mail, spam, chain letters, pyramid schemes or the like.

Links to Other Websites

Some of our pages provide links to other websites. These websites are operated by independent third-party entities, and DKMS is not responsible for the availability or content of these external sites, nor does DKMS control or guarantee the currency, accuracy, relevance or completeness of information and materials found on any website to which our Website links. We also are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on such third party sites. We have no control over such sites, their content or their terms of use, and therefore we encourage you to review such content and terms of use prior to utilizing any such third party sites or submitting any personal information to them.

Ownership of Website Content

The content contained on this Website is owned by or licensed to DKMS and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. All intellectual property rights in and to such content is and remains at all times the property of DKMS or its applicable licensors. DKMSr hereby expressly reserves all rights not expressly granted in and to the Website and its contents.

Content on this Website is provided for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Delete Blood Cancer. In addition, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos featured on this Website without the prior written consent of DKMS. DKMS reserves the right to refuse permission for any reason or no reason.

The trademarks, service marks, trade names and logos, including DKMS, DELETE BLOOD CANCER DKMS, and DELETE BLOOD CANCER, and any third party marks used and displayed on the Website are trademarks of DKMS, its licensors, affiliates or sponsors, and may not be copied or used without prior written authorization. The page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Website are service marks, trademarks and/or trade dress of DKMS and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by DKMS in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits DKMS.

Any use of the Website content other than as expressly authorized herein, without the prior written permission of DKMS, is strictly prohibited and shall immediately terminate your right to access and use the Website and all rights and licenses granted to you by these Terms of Use. Such unauthorized use also may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

User-Generated or Provided Content

You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through the Website that is protected by copyright, trademark and/or other intellectual property rights owned by a third party without the express permission of such third party. You are responsible for determining whether any such third party content is protected by intellectual property rights, and for obtaining the appropriate permission from such third party. You shall be solely liable for any and all liability for any type of damages including, but not limited to, indirect, incidental, consequential or special damages, or losses or expenses, resulting from any infringement of any intellectual property rights, or any other harm resulting from, your input, distribution, uploading, posting, e-mailing, transmission or otherwise making available any content through this Website.

By submitting content to any publicly accessible area of this Website, you automatically grant, or warrant that the owner of such content has expressly granted to DKMS the non-exclusive, worldwide, royalty-free, irrevocable, perpetual right and license to use, reproduce, copy, perform, display, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property rights that may exist in such material. You also permit any other users of this Website to access, view, store or reproduce the material for that user's personal use.

Please note that we do not accept or consider creative ideas, suggestions or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited creative suggestions, ideas, notes, drawings, concepts or other information. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts or other information, all such submissions shall be and are hereby deemed non-confidential, and DKMS shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, DKMS shall be entitled to unrestricted use of any creative suggestions, ideas, notes, drawings, concepts or other information for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.

Monitoring

DKMS shall have the right, but not the obligation, to monitor the content of the Website, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules or guidelines established by DKMS, and to satisfy any law, regulation or authorized government request. DKMS shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on this Website. Without limiting the foregoing, DKMS shall have the right to remove any material that DKMS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. DKMS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. DKMS DOES NOT WARRANT THE UNINTERRUPTED AVAILABILITY OF THIS WEBSITE OR THE INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE.

  2. ANY MATERIAL SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS SUBMITTED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DKMS OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, DKMS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY TYPE OF DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR LOSSES OR EXPENSES, IN EACH CASE ARISING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE, ANY INFORMATION OR MATERIALS PROVIDED ON THIS WEBSITE OR ANY LINKED SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE OR SYSTEM FAILURE.

Indemnity

You agree to defend, indemnify and hold harmless DKMS and its initiatives, subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any claim, suit, demand or action, and any and all direct losses suffered or incurred by DKMS, including reasonable attorneys' fees, in connection with any third party claims due to, or arising out of, your use of this Website, including your application to become a potential bone marrow or peripheral blood stem cell donor.

Waiver and Severability

The failure of DKMS to insist upon strict compliance with these terms and conditions shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Governing Law and Jurisdiction

The Website is controlled by DKMS. These Terms of Use shall be governed by the laws of the State of New York, without regard to the conflict of law principals of such state. You hereby submit freely to the exclusive jurisdiction of the state and federal courts located in the Southern District of the State of New York and hereby irrevocably waive all defense of lack of personal jurisdiction and forum non-conveniens.

DKMS makes no claims regarding use of the Website outside of the United States. Access to the Website or the content on the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Privacy

Your privacy is very important to DKMS. The DKMS Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from this Website. Please review our Website's Privacy Policy, which is available here.

If you register as a potential bone marrow or peripheral blood stem cell donor, you will be asked to provide additional health and contact information if you are identified as a possible match for a patient. Use by DKMS of any such additional information will be governed by the terms of the Notice of Privacy Practices, which is accessible here.

Contact

Thank you for using our Website. We hope you find the Website helpful, informative and convenient to use. To the extent you have any questions about, or complaints concerning these Terms of Use, please contact us at info@dkms.org.