INTRODUCTION TO THE SITE
We require barcoded Unit Identification Number (also, the "Unit numbers"), and a personal message. We also offer an option to submit a digital photograph. Any message submitted will be sent to the Donor, if technically feasible, by electronic and/or postal delivery. Success in reaching the Donor with this communication cannot be guaranteed and no representation of such a warranty is expressed or implied. By sending Your message via the Site, You give unrestricted permission and all copyrights to Us and the notified Donor to forward, publish, store, manipulate, or otherwise adapt any and all of the information, images, data, and content for private or public expression. Likewise, unless You specifically opt out at the time You send a message, You automatically authorize Message My Donor to relay Your message with no limitations on use of the information, images, data and content to the collecting Blood Center, transfusing Hospital and any of their staff, volunteers, vendors, or other constituencies and audiences, specifically to include followers on social media platforms. At the time of submitting Your messages, You will be queried by the Site as to whether or not You are interested in volunteering, giving blood, or sponsoring a blood drive. This set of further engagement possibilities may be changed at any time. Based on Your responses, the Blood Center or any of its affiliates may contact You to participate in projects related to Your expressed interest. You will have the chance to ask for additional information on these opportunities or to decline any and all such offers for further engagement.
TYPES OF INFORMATION COLLECTED & HOW IT IS SHARED
PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR SUCCESSFUL MESSAGE
You agree that Company has complete and exclusive right, title, ownership and interest in, to and of such material (including copyright, license, royalty and otherwise) and can use said material for any purpose consistent with Message My Donor's mission. These uses include, but are not limited to, videos, publications, advertisements, news releases, websites, and any promotional or educational materials in any form or medium, including, but not limited to, social media sites such as Facebook, Twitter, LinkedIn, etc. You acknowledge that You will not receive any compensation for the use of such name, likeness, image, voice, video, statements and/or appearance, etc., and, for the avoidance of doubt, You waive any rights to copyright, licensing, royalties or any other compensation arising from or related to the use thereof at any time.
PUBLIC DISCLOSURE AND LINKS
Please keep in mind that if You disclose personally identifiable information in a public manner, whether through collaborative postings, message boards or other public on-line forums, this information may be collected and used by others. We do not monitor or collect information You disclose inside online public forums nor do We accept any liability associated with Your voluntary disclosure of same.
PRIVACY AND SECURITY
• The Health Information Portability and Accountability Act ("HIPAA") does not apply to Message My Donor's access, retention, use or disclosure of Your voluntarily supplied personal health-related information for the purposes and designed activities of the Site. Therefore, Message My Donor is not required to comply with the specific privacy and security standards of HIPAA.
• However, the Site is protected using privacy and security measures that are consistent with industry standards for websites containing information. While the privacy and security measures will reasonably protect Your information and use of the Site, there is always a risk that an unauthorized third party will find a way to breach Our security system or intercept the information that You transmit to Us. Any transmission of information is entirely at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
• Thus, the transmission of information via the internet is not completely secure. Although the protection of Your information is a top priority for Us and controls have been put in place to protect Your information, We cannot guarantee the security of Your information transmitted to the Site. If You are concerned about these risks, You should not set up a message or a profile with the Site.
The presence of our Tag/Label on a blood product does not in any way indicate required participation.
LINKS TO OTHER SITES
LINKING TO OUR SITE
Anyone linking to the Site must comply with all applicable laws and should not: (i) misrepresent his relationship with Message My Donor or the Site; (ii) present false or misleading information about Message My Donor or the Site; or (iii) submit content that is reasonably considered profane, defamatory, vulgar, offensive, obscene or unlawful.
We may modify the Agreement at any time and may indicate when changes have been made by revising the date at the top of the Agreement.
MINORS & THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT
We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Site is designed to attract anyone under the age of 18. If you are under 18, You may only use the Site under the supervision of a parent or guardian.
We own the Site and all intellectual property related to the Site and all such content, organization, trademarks, logos, graphics, design, compilation and other matters are protected under applicable copyright, trademark, or other proprietary and intellectual property laws and/or rights. Subject to Your compliance with this Agreement, We grant You a personal, non-exclusive, non-transferable, revocable permission to use the Site in a manner allowed under the Agreement (the "License"). No right, title or interest in or to the Site or any content on the Site is transferred to you other than the License, and We reserve any and all rights in and to the Site not expressly granted to you. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Site, in whole or in part. Your License does not grant You the right to re-use content or materials from the Site. In the event You are expressly permitted any copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. 7 October 1, 2016
You agree to defend, indemnify, and hold Message My Donor together with its owners, stockholders, lienholders, affiliates, officers, directors, employees, volunteers, agents, contractors, licensors, and suppliers, harmless from and against any claims, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from Your violation of this Agreement.
By using the Site, You agree that We are not responsible or liable to You for (i) any disclosure of information made by You to a third party through Your use of the Site; (ii) any disclosure of Your information obtained illegally from Us; or (iii) any accidental disclosure of Your information made by Us.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. MESSAGE MY DONOR, TOGETHER WITH ITS OWNERS, STOCKHOLDERS, LEINHOLDERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, AGENTS, OFFICERS OR DIRECTORS (THE "RELEASED PARTIES"), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. 8 October 1, 2016 THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) PROVISION OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (iii) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE USE OF THE SITE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITE. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITE. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE IS TO CEASE USING THE SITE. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to You. In such a case, any such prohibitions against disclaimers or limitations of liability is limited herein to the minimum extent permissible under applicable law.
PERSONAL USE ONLY
CHOICE OF LAW AND VENUE; CLASS ACTION WAIVER
This Agreement is governed by the laws of the State of Florida without regard to any conflict of laws principle. For any dispute regarding the Agreement or the Site, You agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Orlando, Florida. Any proceedings to resolve or litigate any dispute regarding the Agreement or the Site will be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, or in any other proceeding in which a party acts or proposes to act in a representative capacity and We agree to the same.
WAIVER AND SEVERABILITY
If any provision in the Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or be severed from the Agreement if no such modification is possible, and the other provisions of the Agreement 9 October 1, 2016 shall remain in full force and effect. The controlling language of the Agreement is English. If You have received a translation into another language, it has been provided for Your convenience only. The nonenforcement of any provision of the Agreement shall not be construed to constitute a waiver of any breach of the Agreement.
ADHERENCE TO LAW
You agree to comply with any and all applicable laws, codes, or regulations governing Your use of the Site. If You are located outside the U.S., then You are responsible for complying with any local laws in Your jurisdiction that might impact Your right to use the Site, and You represent that You have complied with any regulations or registration procedures required by applicable law to make the Agreement enforceable.
The foregoing Agreement constitutes the entire agreement between You and Message My Donor and governs Your use of the Site, superseding any prior agreements regarding the same. The headings to the sections of the Agreement are used for convenience only and have no substantive meaning or impact on the interpretation of the Agreement.
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to firstname.lastname@example.org. Any rights not expressly granted herein are reserved.
I hereby waive any right to royalties or other compensation arising from or related to the use of my personal message.
I hereby hold harmless and release OneBlood, its officers and employees from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I understand and agree that my personal message of thanks will not be delivered to the donor of the unit of blood products if (i) the OneBlood Quality Assurance Department determines, in its sole discretion, that the message contains inappropriate content. OneBlood has the right to modify the messages before sending. This includes but not limited to, content, identifying information or spelling errors.
RIGHT TO REVOKE
I hereby acknowledge that I have the right to revoke this release at any time by delivering OneBlood written notice of my revocation to the contact person listed below:
8669 Commodity Circle
Orlando, Florida 32819
I understand that the revocation of this release will not affect any action that OneBlood has taken in reliance on this release before receiving my revocation. I further understand that because my information is submitted anonymously, I will need to provide OneBlood with the date of my submission and a summary of its content so my submission can be quickly identified and removed from the Message My Donor Program.