This Web Site Terms of Service Agreement (the or these “Terms of Service”) is a binding legal contract between you (“You” either an individual or a legal entity) and The American National Red Cross (“Red Cross”). The Terms of Service governs your access to and use of the web sites offered by Red Cross including without limitation www.RedCross.org and www.RedCrossblood.org web sites and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the “Sites” and each individually a “Site”). By downloading, accessing or using any part of the Site you have accessed, You will be bound by the terms of these Terms of Service. If You do not agree to the terms of these Terms of Service, Red Cross is not willing to grant You any right to use or access the Site. In such event, You are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.
Red Cross may change, add or remove portions of the Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms of Service prior to each use of the Site, and by continuing to use the Site, you agree to any changes.
SITE ACCESS AND USE LICENSE
The Site you have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by Red Cross, its affiliates and licensors. The Site is licensed to you, not sold. Except for the limited license granted in these Terms of Service, Red Cross and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.
Red Cross may change, suspend, or discontinue any aspect of the Site at any time.
1. GRANT OF LICENSE. Red Cross grants You a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on your continued compliance with the terms of these Terms of Service.
2. LIMITATIONS ON LICENSE. The license granted to you in these Terms of Service is restricted as follows:
3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view information and materials or submit Material (as defined below) of any kind, you represent that You: (i) are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by Red Cross; and (iii) are not using another authorized user’s account without his/her permission.
4. YOUR SUBMISSION OF CONTENT. The Site may contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide. By submitting Material to the Site, you warrant that you have all necessary rights to grant, and automatically grant to Red Cross and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Site to access, view, store or reproduce your Material and content for that user’s personal, non-commercial use. Red Cross will not be required to treat any Material as confidential, and You further grant to Red Cross the right to edit, copy, display, publish and distribute any Material made available via the Site by You, without compensation to You or any other party submitting the Material for You. Notwithstanding the right and license, by merely permitting your Material to appear on the Site, Red Cross is not a publisher of such Material, and is merely functioning as an intermediary to enable you to provide and display Materials. Moreover, and except as provided in the Terms of Service with respect to the right and ability of Red Cross to delete or remove Material, Red Cross does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Material displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Site, you will not post or transmit any of the following:
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to receipt of services, participation in a particular program, training, authorized user registration to other specific portions or features of the Site, all of which are made a part of this Terms of Service by this reference. If there is a conflict between this Terms of Service and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of the Site.
6. LINKS TO OTHER SITES. Red Cross may provide links, in its sole discretion, to other sites on the World Wide Web. Red Cross is not responsible for the availability of these outside resources or their contents. Red Cross expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.
7. LINKS TO THIS SITE. You may link to this Site provided that You do so in a way that indicates that the link is to the www.RedCross.org website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.
8. PASSWORDS; SECURITY. Registration by You as an authorized user for access to certain areas of the Site may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that Red Cross, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, 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 and inure to the benefit of Red Cross. Failure to comply with the foregoing shall constitute a breach of the Terms of Service, which may result in immediate suspension or termination of your Authorized User Credentials. Red Cross will not be liable for any loss or damage arising from your failure to comply with these obligations. Red Cross reserves the right to delete or change Authorized User Credentials (with notice) at any time and for any reason.
9. TERMINATION. The Terms of Service and your license to use the Site will take effect the moment you install, access, or use the Site and will be in effect until terminated as set forth below. This license will automatically terminate in the event you breach any of its terms. Termination will be effective without notice. You may terminate the Terms of Service at any time by ceasing to use the Site. All applicable provisions of the Terms of Service as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The following will survive termination of these Terms of Service for any reason: (i) the General section below; (ii) the provisions concerning rights in your Materials that You have granted to Red Cross; (iv) Red Cross’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
10. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED CROSS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. RED CROSS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT RED CROSS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RED CROSS OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF RED CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF RED CROSS AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
12. OTHER DISCLAIMERS.
13. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Red Cross is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Red Cross to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Red Cross by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of Red Cross (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide our designated agent with a written communication containing the following information:
IPRights@redcross.org with the subject line “DMCA”
The American National Red Cross
Attn: Office of the General Counsel
431 18th Street, NW
Washington, D.C. 20006
14. MONITORING. Red Cross has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms of Service and any operating rules established by Red Cross and to satisfy any law, regulation or authorized government request. Red Cross has the right and sole discretion to edit, refuse to post or remove any Material submitted to or posted on or within the Site, including, without limitation, the right to remove any Material that Red Cross, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
15. INDEMNIFICATION. You agree to indemnify, defend and hold Red Cross and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.
17. TRADEMARK INFORMATION. The Greek Red Cross emblem and American Red Cross name are federally protected and registered marks of The American National Red Cross (see United States Code, Title 18, Section 706). All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.
18. GENERAL. This Terms of Service is governed by and construed in accordance with the laws of the District of Columbia, as applied to agreements entered into and wholly performed within the District of Columbia between District of Columbia residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the District of Columbia and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Service shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms of Service constitutes the entire understanding and agreement between Red Cross and You with respect to the Site and any transactions contemplated in these Terms of Service and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms of Service, all of which are merged in the Terms of Service. You may not modify, amend or alter in any way the Terms of Service. In the event any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms of Service will remain valid and enforceable according to its terms. Any failure by Red Cross to strictly enforce any provision of the Terms of Service will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms of Service. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Revised February 2016