Effective August 31, 2012
License and User Conduct
BloodBanker.org grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of BloodBanker.org. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BloodBanker.org. Any unauthorized use of the Site shall automatically terminate the license granted to you by BloodBanker.org for such use.
You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. BloodBanker.org may terminate your use of the Site in BloodBanker.org’s sole discretion for any reason.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of BloodBanker.org, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are sole the property of BloodBanker.org. The posting of information, documentation, and other content does not constitute a waiver of any of BloodBanker.org’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content including but not limited to copyrights or trademarks, or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of BloodBanker.org. You may view, print, copy, and download portions of the information, documentation, and other content of this Site that is solely in connection with your use of the Site, and that is solely for your own individual, internal, non-commercial use or records. BloodBanker.org and its affiliates reserve the right to revoke this authorization at any time without notice.
The BloodBanker.org trademark and other names of BloodBanker.org’s products and services referenced herein are trademarks of BloodBanker.org. All other products, services, and company names mentioned herein are the trademarks of their respective owners.
Registration and Accounts
By registering with BloodBanker.Org you agree that only you may use your BloodBanker.org account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use BloodBanker.org on your behalf, including but not limited to providing your account information to third-party websites to access your BloodBanker.org account. You are responsible for all activity that takes place within your account. At any time BloodBanker.org, in its sole discretion, may disable or delete any account registered on the Site for any reason.
BloodBanker.org may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. BloodBanker.org does not endorse, and is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. BloodBanker.org is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of those respective sites. BloodBanker.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. BloodBanker.org is not liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
End User Communications
BloodBanker.org allows you to communicate with other users of the Site through listings, bulletin boards, forums, chat rooms or other communication mediums that the site may offer from time to time (collectively referred to as “Forums”). BloodBanker.org shall have the right, but not the obligation, to monitor and delete content within the Forums for any reason. All communications within the Forums are those of the respective authors and not of BloodBanker.org. You agree not to post content which may be offensive or obscene to the community, illegal, or promote illegal activities. By submitting, posting, or displaying content on the Site through the Forums, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, sublicense, transmit, display, and distribute such content in any and all media or distribution methods.
The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on BloodBanker.org’s hardware or software infrastructure; (3) sending SPAM to BloodBanker.org users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts BloodBanker.org customers to a third party; and (6) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading.
BLOODBANKER.ORG DOES NOT WARRANTY OR GUARANTEE ANY CONTENT OR TRANSACTION IN OUR MARKETPLACE AND HOLDS NO LIABILITY OR RESPONSIBILITY TO ASSIST IN THE RESOLUTION OF ISSUES RESULTING FROM INTERACTION WITH THE MARKETPLACE.
Moderation. As part of the Site, BloodBanker.org provides a peer to peer marketplace for the exchange of blood. BloodBanker.org has the right, but not the obligation, to regulate content, which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”) posted to, stored on or transmitted via BloodBanker.org by any user or any other third party in any manner; to regulate conduct including but not limited to any authorized or unauthorized access to or use of BloodBanker.org by any user or any other third party in any manner; and to enforce these Terms, for any reason and in any manner or by any means that BloodBanker.org, in its sole discretion, deems necessary or appropriate including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access. BloodBanker.org may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. BloodBanker.org action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms by any user or any other third party does not waive BloodBanker.org’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms violation.
You also understand and agree that any action or inaction by BloodBanker.org or any of its directors, officers, employees, consultants, agents or representatives (collectively, “BloodBanker.org Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms violation is undertaken voluntarily and in good faith, and you expressly agree that neither BloodBanker.org nor any BloodBanker.org Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms.
Although BloodBanker.org Representatives may moderate content, conduct and Terms compliance on BloodBanker.org at BloodBanker.org’s discretion, BloodBanker.org Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of BloodBanker.org will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of BloodBanker.org will otherwise stop, cure or prevent any problem, content, conduct or purported Terms violation from occurring or recurring. Accordingly, you further agree that any representation whether written or verbal by any BloodBanker.org Representative or by anyone else acting on behalf of BloodBanker.org or by anyone purportedly acting on behalf of BloodBanker.org that BloodBanker.org including but not limited to any BloodBanker.org Representative, anyone else acting on behalf of BloodBanker.org, or anyone purportedly acting on behalf of BloodBanker.org would or would not prevent, restrict, redress or regulate content including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content, or to implement other enforcement measures against any content, conduct or potential or purported Terms violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that BloodBanker.org, BloodBanker.org Representatives and anyone else authorized to act on behalf of BloodBanker.org shall in no circumstance be liable as a result of any representation that BloodBanker.org, a BloodBanker.org Representative or anyone else on behalf of BloodBanker.org would or would not restrict or redress any content, conduct or potential or purported Terms violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by BloodBanker.org’s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
BloodBanker.org has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of BloodBanker.org at any time without notice. BloodBanker.org and BloodBanker.org Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Content. BloodBanker.org does not control, is not responsible for and makes no representations or warranties with respect to any user content in the marketplace. You are solely responsible for your access to, use of and/or reliance on any user content in the marketplace. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
BloodBanker.org’s blood type recommendations are for novelty purposes only and by using the Site you fully agree to not hold BloodBanker.org liable for any damages. Also, BloodBanker.org’s blood type compatibility feature is not 100% accurate as there are other compatibility specifics that are not addressed in BloodBanker.org that could result in blood types not being fully compatible. By using the Site you fully agree that BloodBanker.org is not liable for any harm or damages incured from seemingly compatible blood types.
You are also responsible for any content that you post and/or transmit and, if you create an account, you are responsible for all content posted and/or transmitted through or by the use of your account.
Content prohibited from BloodBanker.org includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content including, without limitation, defamatory, threatening, hateful or pornographic content; (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content including but not limited to false, fraudulent or misleading responses to user ads transmitted via BloodBanker.org; (6) malicious content including, without limitation, malware or spyware; (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to BloodBanker.org would violate these Terms or BloodBanker.org’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on BloodBanker.org and all such prohibitions are expressly incorporated into these Terms as stated above.
By your participation in the Marketplace, you automatically grant and assign to BloodBanker.org, and you represent and warrant that you have the right to grant and assign to BloodBanker.org, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from including, without limitation, incorporating into other works and otherwise use any content that you post. You also expressly grant and assign to BloodBanker.org all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post.
You expressly agree to indemnify and hold BloodBanker.org and BloodBanker.org Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive; (b) activity that occurs through or by use of your account including, without limitation, all content posted or transmitted; (c) your use of or reliance on any user content; and (d) your violation of the Terms. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by BloodBanker.org or BloodBanker.org Representatives.
Fees. BloodBanker.org does not charge any fees to participate in the blood registry marketplace. Sellers are responsible for any fees assessed by third-party processors including, but not limited to, PayPal as they relate to their transactions. BloodBanker.org holds no responsibility for the financial aspect of the transactions that take place in the marketplace and subsequently maintains no liability in assisting in the resolution of issues related to the transaction amounts, fees or refunds.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLOODBANKER.ORG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND BLOODBANKER.ORG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. BLOODBANKER.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
USE OF THE SITE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER BLOODBANKER.ORG, NOR ANY OF BLOODBANKER.ORG’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “BLOODBANKER.ORG ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF BLOODBANKER.ORG OR A BLOODBANKER.ORG ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BLOODBANKER.ORG IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, BLOODBANKER.ORG’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO BLOODBANKER.ORG IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY BLOODBANKER.ORG FROM ITS OFFICES WITHIN THE UNITED STATES AND THE PHILIPPINES. BLOODBANKER.ORG MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND BLOODBANKER.ORG ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
Indemnification and Release
You agree to indemnify, defend, and hold harmless BloodBanker.org, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees and costs, arising out of or related to any products or services purchased and/or sold by you in connection with the Site or any use of the Site in violation of this Agreement. If you have a dispute with one or more registered users, as a donor or recipient, you release BloodBanker.org, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You understand that BloodBanker.org will revise these Terms from time to time. Accordingly, it is your responsibility to check this page periodically for changes. BloodBanker.org will provide notification of material changes to these Terms through the Site and/or via e-mail to its users at least ten (10) days prior to the change taking effect. After the expiration of such ten (10) day period, your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site. You may also notify BloodBanker.org of your desire to opt-out and to close your account, at which point BloodBanker.org will suspend your account from further use.
Where required, BloodBanker.org may give notice to you through a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to BloodBanker.org by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with BloodBanker.org, please e-mail or write to:
c/o: Phil Maher – Chairman of the Board
283 Columbine St. #146
Denver, CO. 80206
email: support [at] bloodbanker [dot] org