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Play for P.I.N.K. is a not-for-profit 501 (c) (3) charitable organization dedicated to raising money for breast cancer research through recreational and sports activities. Play for P.I.N.K. maintains this World Wide Web Site with its home page in the domain "playforpink.org" (the "Website"). Play for P.I.N.K. offers access at no charge to any person who uses or accesses this Website ("You") with the express condition that you agree to be bound by the Terms and Conditions set forth in this Terms and Conditions of Use Agreement ("Agreement"). By using or accessing this Website, You agree to be bound by this Agreement, even if You have not read it in its entirety or any portion thereof. MEDICAL DISCLAIMER. You acknowledge that the medical information on this Website is provided "as is" for general information only. It is not intended to be medical advice and should not be relied upon as a substitute for individual consultation with a qualified healthcare professional. LEGAL COMPLIANCE. You agree and warrant that You shall only access and use this Website in accordance with all applicable laws, statutes, ordinances, and/or regulations (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) of any and all governing jurisdictions, including jurisdictions other than the United States. INTELLECTUAL PROPERTY. The intellectual property rights (including, without limitation, patents, copyrights, trademarks, and service marks) and all of the content displayed on this Website belong to Play for P.I.N.K. or its third party licensors. You may not copy, reproduce, alter, modify, create derivative works from, publicly display, post on any other website, modify, distribute or transmit any content of the Website without Play for P.I.N.K.’s express prior written consent. You shall not remove or alter any notice, legend or designation of copyright, trademark, patent or other intellectual property rights contained on the Website or in its content. Any information You provide on this Website: (a) shall not be fraudulent or involve the sale of counterfeit or illegally obtained items; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; (c) shall not violate, or cause Play for P.I.N.K. to violate, any law, statute, ordinance, or regulation of any governing jurisdiction (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (e) shall not contain pornography, offensive material or any material that would be harmful to minors; (f) shall not relate to any raffle, survey, contest, pyramid scheme or chain letter; and (h) shall not link (directly or indirectly) to websites or other content to which You do not have a right to link. PRIVACY STATEMENT. Play for P.I.N.K. will use personally identifiable information in accordance with Play for P.I.N.K.’s then-current Privacy Statement, which Statement is incorporated herein by reference. EXTERNAL LINKS. This Website may contain hyperlinks to external locations on the Internet (for example, other websites) controlled by third parties. ("Other Sites"). These links are provided solely as a convenience to You and in no way imply or indicate any sponsorship or endorsement by Play for P.I.N.K. nor any affiliation between Play for P.I.N.K. and the Other Sites. You agree that: (1) Play for P.I.N.K. is not responsible for the availability of these Other Sites, or for any content contained therein; (2) You access Other Sites at Your own risk and (3) Play for P.I.N.K. shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any Other Site. Any concerns regarding any Other Site should be directed to its representative web site administrator, system operator, or web master. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES PROVIDED TO YOU HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE AND SERVICES RESIDES WITH YOU. ALL OTHER CONDITIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LIMITATION OF LIABILITY. YOU AGREE THAT YOU WILL HOLD HARMLESS PLAY FOR P.I.N.K. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AFFILIATES FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THIS WEBSITE OR OTHER WEBSITES TO WHICH IT IS LINKED. UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL PLAY FOR P.I.N.K., ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT CONTRACTORS, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSORS, DIRECTORS, OFFICERS, MEMBERS AND OTHER OWNERS, (COLLECTIVELY, "PLAY FOR P.I.N.K. PARTIES"), BE LIABLE TO ANY PARTY, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECT IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ANY PLAY FOR P.I.N.K. PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, USE OF, OR INABILITY TO USE, THIS SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY, EVEN IF ANY PLAY FOR P.I.N.K. PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION. You agree to indemnify and hold harmless, and at Play for P.I.N.K.’s request, defend Play for P.I.N.K. from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) Play for P.I.N.K. may incur ("Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) Your access to, conduct on, or use of this web site; or (ii) Your violation or breach of either this Agreement, any law, or the rights of any third party. MODIFICATION. Play for P.I.N.K. may amend this Agreement, in whole or in part, at any time and in Play for P.I.N.K.’s sole discretion without giving prior notice to You, by posting the amended terms on the Website. The new terms shall automatically be effective 15 days after they are initially posted on this Website. NOTICES. Any notices to Play for P.I.N.K. shall be sent by certified mail, postage prepaid and return receipt requested, to: Play for P.I.N.K., 60 East 56th Street, 8th floor, New York, NY 10022. MISCELLANEOUS. You acknowledge that the Website is based in the U.S.A., and that all legal actions between You and Play for P.I.N.K. that are related to this Agreement: (a) shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of law principles thereof, and (b) shall be instituted in a state or federal court in New York, New York. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between Play for P.I.N.K. and You with respect to the subject matter hereof. PRIVACY STATEMENT Play for P.I.N.K has adopted this Privacy Statement in order to demonstrate to you our commitment to privacy and to inform you of our policies with respect to information collected on this website. By visiting or using this website, you acknowledge and agree to the terms of this Privacy Statement. Information Collected by Play For P.I.N.K. Automatic Collection of Anonymous Information When you visit our website, like when you visit most other websites, certain anonymous information about your visit may be automatically logged, including the server name and IP address through which you access the internet (such as "aol.com" or "earthlink.net"), the date and time you access our site, the pages you access while at our website, the Internet address of the website from which you linked directly to our site, the Internet address of the website to which you link if and when you leave this website by clicking on a link at this website. This information is not personally identifiable. Personally Identifiable Information Your submission of personally identifiable information to us is entirely your choice. You may visit and browse our website without revealing any personally identifiable information about yourself to us. However, you may also choose to disclose personally identifiable information about yourself by conducting business with us. We may collect personally identifiable information about you if you fill our registration or donation forms. The personally identifiable information we collect may consist of contact information (such as your name, email address, postal address or telephone number), your preferences (such as where you go on our site), and any other information you communicate to us (for example in an email or phone call). We may also collect personally identifiable information from you about others. This information is also subject to the terms of this Privacy Statement. Information Use and Disclosure Personally identifiable information we collect may be used for such purposes as:
Choice/Opt-Out In order to provide service to you, we will occasionally send you communications related to your transactions, security or the administration of our website. From time to time, we may also wish to send you other communications such as those concerning upcoming events. If you do not wish to receive such other communications, please send an email containing your request to Cookies
Play for P.I.N.K.s server, or the servers of companies that we use to help us operate our site, may place a "cookie" on your computer. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer’s hard drive. Cookies allow our computer to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you, for example by allowing us to save information related to a previous contribution. The information collected from cookies may also be used to improve the functionality of our website.
Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.
External Links
Our website may contain links to other websites controlled by third parties. While we try to link only to websites of reputable organizations, please be aware that Play for P.I.N.K. is not responsible for the privacy practices or the content of other websites. We encourage you to read the privacy statements provided by other websites before you provide personally identifiable information to them.
Security
We maintain physical, electronic, and procedural safeguards to help protect your personal information. Among other things, we:
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In spite of the safeguards that we maintain, no data transmission over the Internet or any wireless network is 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us and you must do so at your own risk. However, once we have received your information, we will use commercially reasonable efforts to protect its security.
Children’s Privacy
This website is designed for use by persons aged 13 or older. We do not solicit or knowingly collect personally identifiable information from children under the age of 13. If we nevertheless receive personally identifiable information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 13, we will delete such information from our systems.
Changes to this Privacy Policy
Play for P.I.N.K. reserves the right to modify or supplement this policy at any time. If we make a material change to the terms of this policy, we will post a notice on our homepage and link to the new policy.
Contacting Us
If you have questions or concerns about this Privacy Policy or our practices with respect to personally identifiable information, please contact us at: c/o The Breast Cancer Research Foundation, at 60 East 56th Street, 8th Floor, New York, New York, 10022.
effective date: 5/7/01
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