Talking Cancer (Terms of Usage, TOU and Rules, R. collectively, TOU/R)

Talking Cancer (“TC”) (collectively, ” we,” “us,” or “our “) is an educational website which also provides products and services. TC does NOT provide medical advice and at NO time does TC establish a patient/doctor relationship. Everything on the TC website including videos, forums, nutrition page are all VIEW AT YOUR OWN RISK. 

By using our site/forums “you (your)” are a “user” or “poster” and you accept and agree to these terms of usage and rules (“TOU/R”) as a legal contract between you and TC.

The goal of the TC website and forums is to provide an educational site where all users feel welcome and may share experiences and help others while at the same time seeking help. TC provides the opportunity for discussion and discourse, and the sharing of opinions within the Oncology and Hematology community including patients, family, caregivers, and healthcare providers.

The user understands and agrees that the TC website and forums is provided on an “as available” or an “as is” basis and WITHOUT any warranties of any kind.

The user understands that TC has the complete right at its sole discretion to change, alter, or remove any section or content within TC including but not limited to its forums and all other sections without prior notice.

TC will NOT be liable for any change or modification to our site or action or situation that may occur from such a change.

The TC site and services are intended for a general audience of 18 years of age or older, and access or use by anyone less than 18 years of age is not authorized.

We reserve the right to post changes to these TOU/R at any time without prior notice. Such changes will be applicable to all subsequent access and use of our site, and it is the responsibility of the user to read these TOU/R. 

User may reject at any time by immediately terminating all access to our site or terminating account. 

These TOU/R grants you limited, revocable, nonexclusive permission to access our sites and services and use our sites and services solely in compliance with these TOU/R. You are required to comply with all laws, ordinances, and regulations applicable to your activities on our sites and services. The user agrees to follow all applicable government laws including all copyright and intellectual property laws.

The user automatically grants and assigns to us a perpetual, irrevocable, paid, unlimited, worldwide license to copy, perform, distribute, display, prepare and use any content that you post. The user also fully grants and assigns to us all rights to prohibit and enforce against user any unauthorized copying, displaying, distribution, or use of work from any content that you post.

These TOU/R are not exhaustive, and we have the right to make all judgments or decisions regarding the applicability of these TOU/R in our sole and absolute discretion.

Advertising

Users may post or use their company name provided they do NOT discuss products, services, or pricing on the TC site or forums with the intent of promoting or selling a product. An external website link promoting a product or service is also a violation of these TOU/R.

Users, Companies, and individuals who would like to advertise on the TC website and forums may do so by contacting us at ask@talkingcancer.com and provided they pay for the privilege. TC is a private site and reserves the right to refuse an advertiser, company, individual, or user from advertising goods, products, or services at our site. TC does NOT endorse, represent, or warranty an advertiser or their products. Users must perform their own due diligence and use their own judgement on all products advertised on TC. TC is NOT liable from any action, situation, or harm that may arise from and advertiser and a user/customer. Advertisers understand that TC cannot control comments or content expressed by users and TC will NOT be liable for opinions expressed by users on the TC site. Advertisers accept this risk.

Accounts

User will create and maintain one account. TC is NOT responsible for the information or content posted or entered in the account. TC reserves the right to remove or cancel an account for any reason. The user may terminate an account at any time.

Posting 

Threads, messages, comments and content user posts on the TC website and forums becomes the sole property of TC and may be displayed, used, edited, removed, moved, or eliminated at the sole discretion of TC or a moderator. The user will use good judgement while posting and will refrain from using offensive comments, information, or images. Users must understand TC is intended to provide a service for patients and family and all comments and content must be respectful. All posts and threads within the forums must be started or placed in the appropriate site. This includes Oncology related topics within the oncology section, hematology topics in the hematology section, and all non-medical topics within the fun talk section. Posting copyright or illegal material is strictly prohibited.

TC is NOT responsible for the information provided by poster or user including but not limited to posts, threads, comments, opinions, statements, images, responses and replies on TC site or services. TC does NOT guarantee the reliability or the accuracy of content, posts, threads, replies, and comments by poster/user. The user understands TC cannot control opinions, information and content provided by a poster and it is the users responsibility to verify all content and information. TC is NOT liable for content.

Posting links to social media sites or links to sites selling products is strictly prohibited.

If user deems a post or thread inappropriate, please notify us at ask@talkingcancer.com. Please note that this is done manually and may take some time.

Indemnification

The user agrees to indemnify and hold TC, TC representatives and moderators harmless from and against any third-party claim, demand or damages related to or arising out of content you post or activity that occurs through use of your account. This indemnification obligation includes any possible fees that may occur or arise for any legal reason including but not limited to attorney fees. 

Conduct

TC is NOT responsible for any user conduct behavior. We do not control and make no representations or warranties with respect to any user or user conduct. The user is solely responsible for their interaction with any other user or user conduct. The user is solely responsible for their own conduct and all activities on the TC site/services account. If you feel a specific user has breached these TOU/R please notify us at ask@talkingcancer.com.

Content

TC is NOT responsible for and makes no representations to any user content. All user content does NOT necessarily reflect the views of TC and TC does NOT accept any responsibility for the claims or statements made. The user is solely responsible for your access to, use of and/or dependence on any user content. The user must perform their own research and perform their own due diligence with respect to user content found anywhere in our site.

The user is also responsible for all content that you post and if you create an account, you are responsible for all content posted or transmitted from your account.

TC has NO responsibility or liability with respect to any communication between posters. 

Content that TC considers inappropriate and prohibited includes but is not limited to:

(a) adult sexual content including pornographic material; (b) offensive language including profanity; (c) obscene gestures; (d) graphic violence including child or animal abuse, bullying, or any activity or statement promoting bodily harm; (e) discrimination; (f) inappropriate use of intellectual property or copyright material; (g) inappropriate use of private information including personal, confidential or proprietary; (h) advertising, including content that promotes, offers, or provides links to unsolicited products or services; (i) illegal content; (j) slurs, racist and sexist remarks, or other degrading content; (k) malicious content including spyware or malware; (l) offensive political statements; (m) offensive religious statements; (n) any action or comment with the intent to cause harm or seek revenge.

We impose a variety of penalties for violating our TOU/R, including warnings, content removal, account suspensions (temporary and permanent), and notifying government agencies. TC has the sole discretion to impose penalties.

TC strives to maintain a friendly atmosphere where everyone feels welcome without fear or intimidation while also protecting free speech.

User interaction

The user understands that TC cannot control comments, information, links, online resources, and all possible content that users may make or provide. The user understands and agrees that TC and all our representatives are NOT responsible or liable for such information including but not limited to such possible external sites, links, online resources, and or any possible third-party site. TC does NOT endorse nor represent any other site and it is the responsibility of the user to verify any possible information. TC may at its sole discretion provide links, sites, information, and TC is NOT liable for such information. Once again, the user understands that all information and content in the TC website is AT YOUR OWN RISK.

Moderation

TC has the sole and absolute right to remove, delete, move, and change all content, posts, information on our site at our discretion.

TC has the absolute right but NOT the responsibility or obligation to moderate, delete, remove, or regulate posted content (this includes but is not limited to posts or threads, images/graphs, videos, comments, accounts, messages, replies, emails, or any information) and any other type of communication collectively known as “content” posted, sent, stored, or conveyed on TC by any user or any account.

TC has the absolute right but NOT the responsibility or obligation to enforce or/and regulate the TOU/R.

The user understands and agrees that any decision or action or lack of action taken by TC or any of the TC representatives, directors or moderators to change, delete, regulate, or to remove content is at the sole discretion of TC, TC representatives and moderators. The user understands that TC has the sole right to take any action it deems necessary to protect the integrity of TC. The user understands that TC is done in good faith and will NOT be liable for any possible violation of the TOU/R. 

TC reserves the right to modify, change, delete any comment, account, TOU/R at any time and for whatever reason without prior notice. 

The user understands that TC does NOT establish a doctor / patient relationship and TC and moderators have no responsibility or commitment to diagnose, cure, treat, manage an illness. TC is for educational purposes only and all content is on a view at your own risk understanding. Users requiring medical care, or a medical opinion must seek their own health care provider. All moderation on our site is at our discretion and TC and moderators have NO authority to make binding commitments or promises including written and verbal.

The user understands and agrees that moderators, same as users have their own opinions and TC is NOT responsible for the content, validity, accuracy of their opinion. The user will NOT hold TC or TC representatives liable for content, information, replies, or statements made by moderators. TC also has the right to remove a user or a moderator for any reason and at any time. 

Arguing, insulting, bullying, or humiliating a moderator could result in temporary suspension or immediate termination.

If you have a disagreement or have a comment about a particular moderator or user, please contact us at ask@talkingcancer.com

Termination

User may terminate account or stop using the TC website or forums at any time. TC may terminate or suspend your account or user for ANY reason, including but not limited to violating our TOU/R.

Affiliate Marketing

Affiliate marketing by user is completely prohibited on our site.

Site Activity

User understands that TC is privately owned. The user agrees to NOT develop, modify, operate, update, or distribute any application, program, or service within TC. This includes but is not limited to all services, programs and software within TC and its complete website. Efforts to develop, copy, emulate any service or program within TC is prohibited. 

Copyright and Trademark 

The user understands that contents of our sites and services are copyrighted or trademarked. All rights reserved. These TOU/R do NOT authorize you to use our name or logo in any way that may lead to public confusion as to endorsements or associations between user and TC. User may recommend our site if done in good faith and not as an endorsement of a particular product or entity.

Recommendations and Feedback

Any recommendation or feedback provided by user to TC or a TC moderator will be granted and assigned to us as a royalty-free, irreversible, perpetual license to use as we wish on our site.

Governing Law

All possible claims or disputes between user and TC or its representatives arising out of these TOU/R, the TC site or TC services will be governed by the laws of the state of FLORIDA without regard to conflict or choice of law principles.

Waiver 

Failure by TC to enforce any provision of our TOU/R will not constitute a waiver of that provision or right.

Updated on 6/27/2022