VOLUNTEER CONTRIBUTOR CONSENT AND RELEASE FORM
Thank you for considering participation in the Warrior Stance Project (the “Project”). In order to access the private website for the Project and to begin sharing your story, you must complete the following Consent and Release Form.
Please note that your personal details provided below will only be used for the purposes of contacting you to administer the project and to document your consent to participation and inclusion of your submissions as part of the final Project publication(s). Your contact details will not be passed on to anyone outside of the Project without your prior written permission.
In consideration of my agreeing to contribute to and participate in the Project, the nature and the content of which has been fully explained to me, I hereby consent to the subject to the terms and conditions specified below.
Terms and Conditions
1. Project Site Content: The contents of the Project Site, such as text, graphics, images, information, design elements and other material contained on the Project Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Project Site. If you think you may have a medical emergency, call your doctor or 911 immediately. The Project does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Project Site. Reliance on any information provided by Project participants, others appearing on the Project Site at the invitation of Project participants or others, or any other users to the Project Site is solely at your own risk. The Project Site may contain health or medical-related materials that are sexually or graphically explicit. If you find these materials offensive, you may not want to use the Project Site. Nothing contained on the Project Site, nor any Participant Content submitted thereto, shall constitute HIPPA protected information.
2. Participant Content: I hereby agree that the copyright (if any) and all other rights title and interest in and in respect of my contribution shall vest in and is hereby assigned to the Project (and this assignment shall operate to the extent necessary as a present assignment of future copyright) and that the Project shall have the unfettered right to deal with the Project containing such contribution or any part of it in any way that it thinks fit. Accordingly I agree that my Contribution and/or the Project and Project materials incorporating my contribution or any part of it may be exhibited or otherwise however used, adapted or incorporated (including the right to the use, display, adaptation or exhibition of any ancillary rights therein) in all media and formats throughout the universe for the full period of copyright and all renewals and extensions thereof and thereafter so far as may be possible in perpetuity. I hereby waive any so-called "moral rights of authors" in the Project and/or my contributions thereto. The Project may without my further consent use my contributions and submitted materials for all purposes of advertising, publicizing, distributing and exploiting the Project and/or advertising, promoting or publicizing Project materials in all media and formats throughout the universe.
3. Use of Name/Information: While all Participants must provide accurate identity information at the time of completion of this Consent and Release Form, Participant Content may be submitted in anonymous and/or pseudonymous form. Participant hereby agrees, consents to and provides permission for Project Team to contact Participant’s healthcare provider(s) in order to confirm participant’s identity and Active Cancer diagnosis. No additional information will be requested or need be provided about your medical record.
4. Liability Release: The use of the Project Site and the Content is at your own risk. When using the Project Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Project and its support staff. Accordingly, the Project assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Project Site. The Project Site and the Content are provided on an "as is" basis. THE PROJECT, THE PROJECT TEAM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. In no event shall the Project, the Project Team, its licensors, its suppliers, or any third parties mentioned on the Project Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Project Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Project, the Project Team, its licensors, its suppliers, or any third parties mentioned on the Project Site are advised of the possibility of such damages. The Project, the Project Team, its licensors, its suppliers, or any third parties mentioned on the Project Site shall be liable only to the extent of actual damages incurred by you, not to exceed an maximum of U.S. $500. The Project, the Project Team, its licensors, its suppliers, or any third parties mentioned on the Project Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or any related Project materials. Any claims arising in connection with your use of the Site, any Content, or any related Project materials must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
5. No Guarantee of Use: The Project shall be under no obligation to make any use of my Contribution within the Project and shall not be liable to me in the event that my Contribution is not included in the Project or if the Project is not exhibited.
6. Non-Infringement of User Content: I agree that my contribution shall not contain anything which is an infringement of copyright or which is calculated to bring the Project, and Project participants, and/or the Project team into disrepute or which is defamatory, provided however that the Project shall not be entitled to bring claim against me in respect of any defamatory material that was included in my contribution without negligence or malice on my part.
7. Mutual Benefit: I acknowledge that my participation in the Project is intended to enable my sharing of past, present and future concerns, history and stories of my treatment, and to foster community and community sharing of stories, all of which will be of benefit to me. Participant acknowledges that the decision to contribute to the Project is made without any promise or expectation of remuneration.
8. Compliance with Site Terms and Conditions: In addition to compliance with these terms and conditions, Participant shall comply with any and all terms of the website hosting the Project and its online activities. In the event of any conflict between these terms and the terms of the hosting site, these terms shall take precedence.
9. Dispute Resolution: In the event of any controversy or claim arising out of or relating to these terms, the relationships created or established as part of your participation in the Project, and/or any breach of any obligations or duties hereunder, the parties shall first attempt to settle the dispute by mediation, administered pursuant to the Mediation Rules of the American Arbitration Association. If settlement is not reached within Sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered pursuant to the Commercial Arbitration Rules of the American Arbitration Association. All hearings will be held in Salisbury, Maryland before an Arbitrator who is a licensed attorney with at least Fifteen (15) years of experience in commercial law. The judgment of the Arbitrator shall be final and may entered as a binding judgment in a Court with competent jurisdiction. For purposes of these terms and all disputes hereunder, Maryland law shall apply. The jurisdiction for the entry of any awards or findings under these terms shall be in the courts of the State of Maryland, Country of Wicomico.
10. Acknowledgement: My signature on the preceding page hereby confirms that the terms of this agreement have been explained to me and that I understand them.