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Terms of Service and Privacy Policy
Terms of Service
Please read this agreement carefully before using the @neWorld® Website located at www.1worldonline.org. Leap of Faith Technologies, Inc. ("Leap of Faith," "we," "us") provides the @neWorld Website and all site-related services (collectively, the "Site"), with the exception of AOL Instant Messaging, subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By allowing your child to use the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site. As used in this Agreement, "you," "yourself," and "your"means and refers to you on behalf of yourself and your child.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement; or
- Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or via electronic email. (This document is posted on the @neworld Website and can be viewed from the "Terms of Service" link on the login page.) Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically.
1. Code of Conduct. While using the Site and/or Software (as defined below), you agree not to:
- Restrict or inhibit any other authorized user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site.
- Allow any person other than your child to use the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us) or (e) any phone numbers, addresses, Social Security numbers, or any other private information of third parties,
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Link to any page of or material on the Site;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
- Harvest or collect information about Site visitors or members.
While using the Site, you agree to comply with all applicable laws, rules and regulations.
2. Registration. In connection with registering to use the Site, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, your child will be given a @neWorld screen name and password. @neWorld users can change their screen names and passwords using the Site's Preferences page. We may refuse to grant you a @neWorld screen name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your @neWorld screen name and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, please immediately contact Leap of Faith® Technologies at the following toll free telephone number: (888) 849-8665. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR @NEWORLD SCREEN NAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Submissions and Postings. Please note that, because @neWorld includes message boards and other communication forums found on the Site (collectively, the "Forums") and therefore redistributes materials submitted by you while using @neWorld, we require certain rights in those materials. Therefore, by sending or posting such materials to any area of the Site, you grant us a right to use them on the Site without compensation to the provider of the materials. Except as specifically set forth in this Terms of Use or the Privacy Policy, none of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
4. Forums. Because we make available information in our Forums, users may occasionally post messages or make statements that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or Forums by third parties, whether such third parties are users of the Site, members of the @neWorld community, or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
The opinions expressed in the Forums reflect solely the opinion(s) of the participants our users and may not reflect the opinion(s) of Leap of Faith. Information on our Forums may be provided by children who are working through their own anger or frustration and, as such, may make disturbing comments to others. The best way to avoid potentially upsetting interactions on @neWorld is to supervise your child's use thereof. We have no obligation to monitor the Site or the Forums, or any other materials that you or other third parties transmit or post on to the Site or the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our users; and to comply with legal obligations or governmental requests.
5. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Leap of Faith on the @neWorld site infringe your copyright (for example, materials posted to the Site on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Leap of Faith to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Leap of Faith a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to: Leap of Faith Technologies, Inc., 23 Brink Street, Crystal Lake, IL 60014 (815) 356-1767, and 1worldonline@leapoffaith.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
6. Ownership and Restrictions on Use. © 2002-2003 Leap of Faith® Technologies, Inc. All Rights Reserved. The @neWorld Site is owned and operated by Leap of Faith Technologies, Inc. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
Leap of Faith and @neWorld are registered trademarks of Leap of Faith Technologies, Inc. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
7. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
8. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by any party, your right to use the Site shall immediately cease.
9. Disclaimers. Leap of Faith does not intend for any of the information on the site to serve as medical advice. We do not guaranty or warrant that the information contained within the site is accurate, complete or up to date, and no individual should rely on such information. The site, the materials on the site, any product or service obtained through the site, and the software are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Leap of Faith and its affiliates, suppliers, advertisers, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Leap of Faith and its affiliates, suppliers, and agents do not warrant that your use of the site or the software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and any and all charges related thereto. You assume total responsibility and risk for your use of the site and the software and your reliance thereon. No opinion, advice, or statement of Leap of Faith or its affiliates, suppliers, agents, members, or visitors, whether made on the site, in the software, or otherwise, shall create any warranty. Your use of the site and any materials provided through the site are entirely at your own risk.
A possibility exists that the Site or Forums could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at 1worldonline@leapoffaith.com with, if possible,
a description of the material to be checked and the location where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
10. Limitation of Liability. Neither Leap of Faith nor its suppliers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or content contained on the site, the software, or any product or service purchased through the site. Your sole remedy for dissatisfaction with the site, the software, and/or content contained within the site is to stop using the site and/or software, as applicable. There is no liability to Leap of Faith for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise).
11. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
12. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in (respectively) Chicago, Illinois and Woodstock, Illinois, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with Leap of Faith's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
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Privacy Policy
This Privacy Policy is for @neWorld, an online community for kids with cancer provided by Leap of Faith Technologies, Inc. This Privacy Policy does not include the privacy policy of any Internet Service Provider (such as AOL) that the patient or parent/guardian is using to get on the Internet for the purpose of accessing @neWorld.
Leap of Faith is careful about how it collects and uses any personal information from patient members who participate in the @neWorld project. Leap of Faith only uses the information that it collects to allow patient members to access the features of @neWorld or to improve the design and content of @neWorld. Leap of Faith does not use this information for marketing purposes and will not provide personal information to third parties.
Leap of Faith encourages parents/guardians to supervise their children's participation in the activities offered at @neWorld.
Who can use @neWorld
The following are the only people who have access to @neWorld:
- children with cancer ("patient members") who have been approved by their parents/guardians
- their healthcare providers
- their school teachers and school classmates
- family members (including parents) that they invite to @neWorld
- friends that they invite to @neWorld
- administrators and researchers at Leap of Faith Technologies.
Patient members may invite family members and friends to the @neWorld community. They do this by going to the "Add Family" or "Add Friends" pages on the @neWorld site, and typing in the name and email address of each person they want to invite. An email is sent to that person welcoming him or her to @neWorld, explaining who the invitation is from, and containing a user name and password to access the @neWorld site.
Personal information about all of these users will be used in accordance with the policy for patient members' information.
The Information Leap of Faith Technologies Collects
Leap of Faith Technologies collects the following information about patient members of @neWorld:
- child's first, middle (optional), and last name
- date of birth
- parent(s)/guardian(s)
- medical diagnosis (optional)
- screen name
- password
- gender
- school (optional)
- teacher(s) (optional)
- grade level
- address
- phone (optional)
- email (optional)
- usage and activity logs.
Leap of Faith will not ask for or collect more information from patient members or other users than is necessary for them to use the @neWorld site features and participate in the @neWorld research study. Information gathered for the research study will be collected anonymously, as described in the @neWorld Informed Consent document signed by parents/guardians of child participants.
How Leap of Faith Uses this Information
Leap of Faith uses children's information only for our internal purposes‹to authorize their access to the @neWorld Website and to provide connections through the site to the people they know. For a complete description of personal features, please see the "How Patient Members May Use Their @neWorld Accounts" section below.
Leap of Faith will also use statistics generated from the non-personal information (including usage and activity logs) in research reports and to improve the design and content of @neWorld. None of these statistics are generated or stored in a way that makes it possible to identify @neWorld patient members.
Leap of Faith will disclose information it maintains when required to do so by law, for example, in response to a court order or a subpoena. Leap of Faith also may disclose such information in response to a law enforcement agency's request.
Leap of Faith will not use or transfer personal information provided to it in ways that are materially different from the ones described above without also providing parental/guardian notification of such practices and obtaining a prior consent for any materially different uses.
How Patient Members May Use Their @neWorld Accounts
Patient members use their screen names and passwords to log on to the @neWorld Website. Once they have logged on, they will be identified by the @neWorld site and will start a session under their account. Users can change their screen names and passwords using the @neWorld site preferences.
@neWorld members can communicate with others in numerous ways, which are described below. When the patient member sends or posts a message, his or her screen name can be seen by others. (Some features allow patient members to choose to communicate anonymously.) Leap of Faith Technologies is not responsible for monitoring or editing the content of messages written by @neWorld users.
All @neWorld users, including patient members, should keep their passwords private. Users should never share or reveal their password to anyone else. If a user believes that someone else has learned his or her password, he or she should change the password on the @neWorld "Preferences" page immediately.
Email: Email (electronic mail) messages can be sent among @neWorld members. The email service provided with @neWorld is available only through the @neWorld Website. Users cannot send email to standard Internet email addresses through @neWorld, and no one can send Internet email to any user's @neWorld email account.
A patient member's screen name is his or her @neWorld email address. Email is private, but can be distributed to lists of people as well as to individuals. The patient member may only receive email from and send email to other @neWorld users. @neWorld email messages are private and are not read or monitored by Leap of Faith or anyone else.
Message Boards: A message board is a discussion group where users read and post messages to each other. Only @neWorld users can read or post to the @neWorld message boards. The following message boards are available on @neWorld:
- Family message board, which displays messages among the patient member and those family members the patient has invited to @neWorld
- Friends message board, which displays messages among the patient member and those friends the patient has invited to @neWorld
- School message board, which displays messages among the patient member and his/her teacher(s) and classmates
- Health team message board, which displays messages among the patient member and his/her health team members at the hospital.
@neWorld's message boards are private communications between the patient member and the other people described above. Their contents are not read or monitored by Leap of Faith or anyone else.
If a message entered by a patient member on a message board suggests that the member is in physical or psychological distress, a health team member or teacher may contact an appropriate staff member at the patient's hospital. Parents/guardians of the patient member will be notified about the message and the communication with medical staff.
Instant Messaging: The instant messaging (IM) capability provided with @neWorld uses America Online's standard IM program. @neWorld patient members will use their own AOL IM accounts for instant messaging. The privacy policy and terms of service for using instant messaging are those of AOL's IM service.
Personal Website: @neWorld users can create their own @neWorld Web pages. They can post their own text messages and pictures on these pages. @neWorld allows users to upload pictures from their own computers, including those they may have taken with a digital camera, and include them on their Web pages.
@neWorld patient members can choose who is able to see their personal Web pages. Only the categories of users they give access to (family members, friends, health team, and teachers) are able to see their Web pages. The contents of their Web pages are not read or monitored by Leap of Faith or anyone else.
If a text message on a patient member's Web page suggests that the member is in physical or psychological distress, a health team member or teacher may contact an appropriate staff member at the patient's hospital. Parents/guardians of the patient member will be notified about the message and the communication with medical staff.
Calendar: @neWorld users can use an online calendar to record reminders of events. Calendar entries can be read only by the user who wrote them. @neWorld calendar entries are not read or monitored by Leap of Faith or anyone else.
Journal: @neWorld users can write and save entries in a private journal on the Website. Journal entries can be read only by the user who wrote them. @neWorld journal entries are not read or monitored by Leap of Faith or anyone else.
Folders: @neWorld users can upload and store files in folders at their @neWorld account. The files can be of any data type. No one but the user can see the contents of his or her @neWorld folders. Folder contents are not monitored by Leap of Faith or anyone else.
E-Cards: @neWorld users can send electronic postcards, containing a picture and text, to other @neWorld users. These cards are private communications between @neWorld members and are not read or monitored by Leap of Faith or anyone else.
School Activities: @neWorld provides links to patient members' schools and to a collection of grade-appropriate school activities. Patient members can contact their teacher(s) and classmates through the @neWorld site. Messages and information (such as school assignments) sent between patient members and their teachers and classmates are private and are not read or monitored by Leap of Faith or anyone else.
If a question from a patient member suggests that the member is in physical or psychological distress, a teacher may contact an appropriate staff member at the patient's hospital. Parents/guardians of the patient member will be notified about the message and the communication with medical staff.
Community: @neWorld patient members can join a community of other @neWorld patient members. Once they have joined the community, their screen names will be available to other members who have joined. Members who have joined the community can send messages to each other and view each other's personal @neWorld Websites. Members who have joined can remove themselves from the community at any time.
Messages between members of the @neWorld community are private and are not read or monitored by Leap of Faith or anyone else.
Big Brother/Sister: @neWorld patient members can communicate with an online big brother or big sister, a volunteer who provides this service to the @neWorld community. Messages between patient members and their @neWorld big brother or sister are not read or monitored by Leap of Faith or anyone else.
However, if a message from a patient member suggests that the member is in physical or psychological distress, the big brother or sister may contact an appropriate staff member at the patient's hospital. Parents/guardians of the patient member will be notified about the message and the communication with medical staff.
Survivor Stories and Health Tips: @neWorld users can submit their own survivor stories and health tips. Before these submissions appear on the @neWorld site, they are reviewed by Leap of Faith and, if necessary, by medical experts consulting with Leap of Faith on the @neWorld program. Survivor Stories and Tips that are determined to be appropriate will be posted for all @neWorld users to view. Users who submit Survivor Stories and Tips have the option of including their name or submitting anonymously.
Ask Dr. Joel: @neWorld patient members can send email questions to Dr. Joel Wish, a psychologist at the University of Wisconsin-Madison who is consulting with Leap of Faith on the @neWorld project. Messages sent to Dr. Joel will be read by him and may be read by other professional staff providing advice. Leap of Faith Technologies will also review messages sent to Dr. Joel.
If a question from a patient member suggests that the member is in physical or psychological distress, Dr. WIsh may contact an appropriate staff member at the patient's hospital. Parents/guardians of the patient member will be notified about the message and the communication with medical staff.
Security
Leap of Faith has established appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
Parental/Guardian Review of Information
If you have questions about @neWorld's privacy practices, please contact:
Leap of Faith Technologies, Inc.
Barbara Rapchak, @neWorld Principal Investigator
23 Brink Street
Crystal Lake, IL 60014
1worldonline@leapoffaith.com
(888) 849-8665
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