"Blood Test Results" Team. (“"Blood Test Results",” “us,” “our” and “we”) owns and operates the "Blood Test Results" website, related mobile apps (together, the “Site”) and associated creative learning platform and other services that we provide including through the Site (the “Services”). By accessing or using the Site in any way or by creating an account to use the Services and becoming a Member, users (“you,” “your”) agree to abide by these Terms of Use. These Terms of Use and any other terms, policy or other document inTeamorated in these terms and conditions by reference are a legally binding agreement between us (the “Agreement”).
In addition, you represent that you are 18 years of age or older and are lawfully able to enter into contracts if (a) you are signing up for an account, or (b) are a parent or legal guardian of a child under 13 who is signing up for "Blood Test Results".
If you are under the age of 18, you should review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand it.
If you have entered into this Agreement on behalf of an educational institution, you represent that you have the authority to bind that institution to these Terms of Use. You further represent that you have the right (including any consents required by applicable law) to provide all data that you provide to us, whether on behalf of yourself or your educational institution and students. If you do not have the necessary authority, or if you do not agree with these Terms of Use, you may not use the Site or Services.
Some Members are Scientists (“Scientists”) and/or Medical Medical Writers (“Medical Medical Writers”) who license their Content on the Site for commercial purposes and who may earn royalties from the use of their Content in connection with the Site. You must apply and be pre-approved by us before becoming a scientist or a medical Medical Writer. More information about how the Scientists and Medical Writer programs works, including on how you apply to become a "Blood Test Results"-approved Scientists or Medical Writer, is available through {contact us} page
Please refer to our privacy policy, available at https://bloodtestsresults.com/privacy-policy/ (the “Privacy Policy”) for information on how we collect, use and disclose personally identifiable information from our users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
Acceptance and Amendment of Terms
Welcome to the "Blood Test Results" Site. Except as expressly permitted on the Site (for example, the use by Scientists to earn payments from our use of their Content), the Service is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of the Service.
Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members through the Site and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
We may change this Agreement at any time, and we will notify you of any changes by posting notice on the Site or Services. If we make any material change to this Agreement we may also notify you via the email address you provide to us on registration (if applicable), or as otherwise required by law, and ask that you consent to those material changes.
Any changes to the Agreement that amend the licenses provided in this Agreement shall amend any licenses granted before the changes take effect, as well as any granted after the changes take effect.
Your use of the Site or the Service after notice of changes to this Agreement is your agreement to those changes. If you do not agree with the changes, you must terminate your account and cease use of the Site and the Service. It is your responsibility to note any changes to this Agreement. These Terms of Use shall always bear a “last updated” date at the top of the page showing the date on which they were last updated.
User Conduct
In order to become a Member, you need to create an account on the Site. To create an account, you must submit certain requested information to "Blood Test Results", including a correct email address. When such registration information is requested by the Service, the information you provide must be true, accurate, current, and complete. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, up-to-date.
You are responsible for any activity and charges that occur under your screen name and account. You may not transfer your account.
You are responsible for keeping your Member password secure and for notifying "Blood Test Results" immediately of any breach of security or unauthorized use of your account.
You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, avatars, information, and other files (collectively, “Content”), that you contribute to the Site. For Scientistss and Medical Writers, this also includes, but is not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.
You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You must not create or submit unwanted email or other messages to any users of the Site.
You may not collect or harvest any personally identifiable information, including account names, from the Site.
You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that "Blood Test Results" believes:
is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
violates or otherwise encroaches on the rights of others;
contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service; advocates illegal activity; harms anyone, including minors; or provides a link to any of the above.
You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.
"Blood Test Results" has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although "Blood Test Results" does not and will not examine or otherwise review all Content submitted or transmitted to the Service, "Blood Test Results" may delete, move, and edit Content for any reason, at any time, without notice. "Blood Test Results" in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.
Any breach or non-compliance of any of these User Conduct terms will entitle "Blood Test Results" to immediately and without notice (i) terminate that Member’s account, which could result in the permanent deletion of any data in the account from our servers and any User Content of the Member, and (ii) block the Member from any further use of the Site and Service.
Content Contributed to the Site by Members
The Site allows Members to create their own stories by assembling Content available on the Site, and to share those stories through the Site with other users. The Site also allows "Blood Test Results"-approved Scientists to supply their Content for us and our users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Site and Services to users, including to display your User Content in the manner requested by you to operate the Site and Services. In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement. For example, if you write Stories or leave Comments, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other users so that they can view that User Content.
Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and inTeamorate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under this Section 3 shall automatically be extended to new uses permitted by the Service, and any our rights under licenses previously granted to us for uses no longer permitted by the Service shall continue as described in this Section 3.
If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used. You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below. Upon any termination, whether by you or by us, your license of your User Content to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination. For example, if at the time of your termination any User Content you have contributed to the Site as an Scientists is used in a Story, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates Section 2 of this Agreement. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately. "Blood Test Results" reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to "Blood Test Results" that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
Our Intellectual Property Rights; Our License of Content to Members
Except as otherwise expressly indicated, the Site, and all text, images, marks, logos and other content contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content and the selection and arrangement thereof are the proprietary property of "Blood Test Results" or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved, and except for licenses expressly granted in this Agreement no right to any Content on the Site is granted to you. You have a limited right, for the term of and subject to this Agreement, to use Content provided on the Site (i) only in connection with and during your use of the Site in accordance with this Agreement, (ii) only for the purpose for which, and in the manner in which, the Site makes such Content available and, unless the Site expressly permits other uses, only for personal, non-commercial use, and (iii) only on payment therefor as required by the Site. This right is not exclusive or transferable, and may be terminated at any time by "Blood Test Results". We will only use your personal information as permitted by our Privacy Policy.
Fees for Use of the Service
At present, are free.
All sales are final and non-refundable except where specifically provided to the contrary on the Site, including in the event of termination of your account on the Site.
The Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
Payments to Members
General
The Service may from time to time pay Members for certain rights to User Content they provide to the Site, or provide for other payments to Members. The Site contains descriptions of any payments to which Members may be entitled. We may, without prior notice, change at any time any program under which Members receive payments in connection with the Service, provided that no change shall affect any such payment due to you prior to such change. No amounts other than those described on the Site, or in Member payment information that we provide to you specifically for that purpose, is due to you in connection with User Content you provide to us or with your use of the Service.
In particular, the following is not included in any calculation of any amounts due to you:
any sponsorship or advertising revenue that we may receive;
any revenue we may receive from memberships or general revenue received from Members or others that is not specifically related to the use of your User Content; or
any revenue we may receive from the sale or licensing of our software, including applications for use on mobile devices.
Class Fundraisers
Under the "Blood Test Results" Fundraiser Program, educators (“Educators”) or individuals can join "Blood Test Results" as Members and hold "Blood Test Results" fundraisers (“Fundraisers”). Individuals may invite their families and friends to sponsor them by purchasing Diamonds. Diamonds may be redeemed for "Blood Test Results" services.
Additional Details
You are responsible for maintaining up-to-date information for payments to be made to you, and we are not responsible for any loss you suffer as a result of your failure to do so. We are not responsible for any fees or other charges, including currency exchange fees or changes in amounts caused by changes in currency exchange rates, imposed or charged by any payment intermediary used to make payment to you (including Paypal).
Our calculation of amounts due to Members is the definitive calculation of such amounts, and is final. We will pay such amounts to Members using Paypal or such other payment intermediary as we may from time to time use. No amounts will be paid to you unless your account with us, net of any amounts you owe to us, has accrued at least USD$50 (except in the case of Class Fundraisers).
Any amounts we pay you include any sales or other taxes due on such amounts in connection with its payment to you. All such taxes are for your account, and are not our responsibility, and you agree to pay all such taxes on any amounts paid by us to you. We have the right to withhold from any amounts due to you hereunder any amounts in respect of taxes that we are, or reasonably believe we are, required to withhold from you in respect of taxes due from you.
You agree that we may deduct or set-off any amounts you owe to us from any amounts due to you from us.
If your account on the Site is terminated, we cannot make further payments to you, and our obligation to make any further payment to you in connection with the Site or any Content on the Site ceases.
Third Parties and Other Users
Third Party Content. Content created by third parties is made available to you through the Services. Although "Blood Test Results" may employ filters and live moderators that are intended to prevent the communication of both personal information and age-inappropriate content available to the general public, you agree that "Blood Test Results" is not responsible for any such Content, including information about third party products or services; that "Blood Test Results" makes no guarantees about the accuracy, currency, suitability, or quality of such Content; and that "Blood Test Results" assumes no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and third parties.
Responsibility. Your interactions with other users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Site. You agree that "Blood Test Results" will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any user) in relation to the use of the Site, we are under no obligation to become involved; however, "Blood Test Results" reserves the right to monitor disputes between you and other users. You hereby release "Blood Test Results", its directors, officers, employees, agents and shareholders (the “"Blood Test Results" Parties”) from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other users or their Content or any third party through or in relation to the Site or the Service.
Third-Party Links. The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other websites or locations may also be posted by Scientistss on their art pages, or by "Blood Test Results" on our blog, or elsewhere on the Site. While "Blood Test Results" will make every endeavour to link only to appropriate content, "Blood Test Results" has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that those linked sites have their own terms and privacy policies, and we encourage you to read them.
Your Privacy Responsibilities
You represent and warrant to "Blood Test Results" that you have obtained all required consents with respect to any personal information (of any other person) provided by you to "Blood Test Results", and that - subject to our Privacy Policy - "Blood Test Results" may use such personal information for the purposes of operating the Service.
You agree to comply with all applicable data privacy laws. In the event that you are an educational institution subject to the Family Educational Rights and Privacy Act (FERPA), you agree that "Blood Test Results" is a "school official" as that term is used in FERPA and as interpreted by the Family Policy Compliance Office, with a "legitimate educational interest," for the purpose of providing the Site and Services under this Agreement.
Educational institutions that allow students under the age of 13 to use the Site or Services agree that they have obtained the necessary permissions for those students to provide any personally identifiable information to "Blood Test Results".
Communications, Feedback, Suggestions; Release of Scientists and Medical Writers, Etc.
In order to ensure that Scientists and Medical Writers are free to receive user suggestions and feedback, and to engage with users about their work, if you use the Site or the Service you agree that you have no claim against, and you hereby release, all past, current and future Scientists and Medical Writers and their respective heirs, executors, administrators, successors and permitted assigns (the “Releasees”), from any of and from any and all actions, causes of action, claims, suits, liabilities, debts, covenants, contracts, accounts, duties, demands whatsoever at law or in equity (“claims”) you have had, have or may in the future have against any of them or arising from or relating to your activity on the Site or your User Content, including any comments, feedback, suggestions or communications you direct at an Scientists or Medical Writer, except for claims of an Scientists’s or a Medical Writer’s direct and material infringement of your copyright in original work created by you (an “Infringement”). In particular, if you use the Site or the Service you have no claim for royalties or any other payment, attribution or any other moral or other rights against any Releasee arising from their or your use of any of the Site, the Service or your User Content, unless in connection with an Infringement that you prove in a final, non-appealable judgment issued by a court of competent jurisdiction. You agree that if we ask you to, you will at the Releasee’s expense and without further consideration, execute or cause to be executed all such further deeds, documents, writings or other instruments and give all such further assurances as may be required by a Releasee to effectively carry out the intent and meaning of this paragraph. You also agree that each Releasee is an intended third party beneficiary of your promises in this paragraph, and that they may rely upon them to the same extent as if they were a direct party to this Agreement.
Notwithstanding any other provision of this Agreement, "Blood Test Results" is under no obligation to refrain from reproducing, publishing or otherwise using any communications, other than personal information, you send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services inTeamorating such information. You hereby waive and release us from any interest or claims you may have had, have or in the future have in any such ideas, inventions, concepts, techniques or know-how, and in any such developments, manufactures, products or services. Please don’t send us any such communications if you want to preserve any interest or rights you may have in them.
Respecting the Intellectual Property Rights of Others
"Blood Test Results" respects intellectual property rights. If you believe that any Content on the Site infringes on another's intellectual property rights you may contact us with the contact information on the Site. "Blood Test Results" reserves the right to remove Content and User Content without prior notice. "Blood Test Results" may also terminate a users’ access to the Site, immediately and without notice, if "Blood Test Results" believes, in its sole discretion, that the user is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
Indemnity
You agree to indemnify and hold harmless the "Blood Test Results" Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or to users infringes the intellectual property or other rights of any third party.
Disclaimers
"Blood Test Results" is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site.
Under no circumstances will "Blood Test Results" be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.
"Blood Test Results" expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. "Blood Test Results" does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free,
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