TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PARTICIPATING IN THE "SUSAN G. KOMEN RACE FOR THE CURE" EXPERIENCE (the "EXPERIENCE").

By participating in the EXPERIENCE or by clicking a box that states that you accept or agree to these terms, you understand that you must be 18 years or older to participate, and that you signify your agreement to these terms of use and the Privacy Policy posted on this Site. If you do not agree to these terms of use, you may not participate.

RULES OF CONDUCT

While we want to foster healthy sharing, we may occasionally discard Posts that don't fit within our Rules.

We encourage everyone to:

Use common courtesy and be respectful of others

Submit your own original content, and avoid content that you know or have reason to believe may be fraudulent

Not post someone else's copyrighted work unless you have permission

Never post personal, identifying or confidential information (such as full names, phone numbers, email addresses, social security numbers, or account numbers)

Moderation Policies

Our EXPERIENCE is moderated and all Posts will be reviewed to ensure that they comply with our Rules. We reserve the right to edit, reject or delete Posts that we deem are abusive, inflammatory or otherwise inappropriate. While our EXPERIENCE is moderated, because the experience is public and anyone can participate, we cannot be responsible for views expressed other than our own.

Please note:

Do not post or transmit material you do not have the right to post or transmit under law (such as copyright, right of publicity, trade secrets or securities).

The EXPERIENCE is only for your personal use. You may not use the EXPERIENCE for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

Our EXPERIENCE may not be used for the submission of any claim, demand, informal or formal complaint, or any other form of legal and/or administrative notice or process, or for the exhaustion of any legal and/or administrative remedy.

Bank of America, as sponsor, reserves the right to ban any user from our EXPERIENCE without prior written notice or consent for violations of these rules. Any Posts which we deem to be criminal in nature, or which instigate or imply violence toward any person or property may be reported to the proper authorities.

Photo, Video and Message Submissions Policy

We expect Posts to follow the rules of polite discourse and we ask that participants treat each other, as well as our employees and representatives, with respect. We may reject or delete Posts that we deem to be:

Profane, obscene, inappropriate, disruptive or unrelated.

Indecent, sexually explicit or pornographic material of any kind - including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language.

Threats; personal attacks; abusive, defamatory, derogatory, or inflammatory language; or stalking or harassment of any individual, entity or organization.

Discriminatory or that contain hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation or disability.

False, inaccurate, libelous or otherwise misleading in any way.

Please note:

The content of your Posts should be limited to individuals who have provided you express consent to have their statements, image, name or likeness displayed and shared on our EXPERIENCE. "Express consent" means an individual has read and accepted these Terms of Use. Posts that include any individual under 18 years of age also require the express consent of the parent or guardian of that individual(s). Failure to provide express consent in any instance may result in non-display of your Post.

For the benefit of healthy sharing, we ask that Posts remain on topic. While we welcome reasonable critiques, we may delete negative comments that aren't relevant and don't add to the overall experience.

We may reject or delete Posts that we deem to be off topic, including solicitations. In addition, we may remove identical Posts by the same user or multiple users (a group of people sending identical messages or one person submitting under different aliases). In the case of identical acceptable Posts, we will leave the first submission and delete the duplicates.

Copyright and Intellectual Property Policies

Please note the following copyright and intellectual property policies:

Infringement on any party's copyright, patent, trademark, trade secret, intellectual property, or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility.

By submitting any Posts to our EXPERIENCE, you warrant and represent that you are the owner of the content within such Posts or that the owner of the content has granted you permission to use such content consistent with the manner and purpose of your use.

Using our EXPERIENCE to distribute unauthorized copies of copyrighted material, including videos, photos, artwork, text, recordings, designs, computer programs, or derivative works of such programs is strictly prohibited and subject to removal.

Please note that by submitting Posts or any other content or ideas on our EXPERIENCE, you are granting Bank of America and its designees nonexclusive, worldwide rights to republish, redistribute, or otherwise use the Posts in perpetuity in any way we see fit. This includes, but is not limited to, use in marketing and advertising materials.

Links to Third-Party Sites

We may occasionally post links to third-party sites when we think that will enhance your experience on our Site, or that you'll find the information helpful. However, please note that this does not in any way constitute an official endorsement of the site or company. 

PLEASE NOTE THE FOLLOWING ADDITIONAL TERMS:

To protect your privacy and the privacy of others, please do not include personally identifiable information such as Social Security numbers, account numbers, phone numbers or e-mail addresses in any Post. If you do include personally identifiable information in your Post, your Post may be deleted.

Your Posts may be published not only in the EXPERIENCE, but also on pages of other Web sites operated by Bank of America, including our social media pages on sites such as Facebook, YouTube, Instagram and Twitter, as well as through other external media channels authorized by Bank of America. Given the visibility of your Post, please take care in the type of information that you include in your Post.

By submitting your Post on the EXPERIENCE you confirm that you are the owner of the Post or have the permission of the original owner to submit the Post, that you have the permission of everyone who appears or is named in it, and that for anyone featured who is under 18 years old you have secured the express permission of that individual’s parent or legal guardian. 

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of this EXPERIENCE to share your posts and the possibility of our use or display of your Posts and the possibility of the publicity and promotion from our use or display of your Posts.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the EXPERIENCE or content on the EXPERIENCE or any part thereof to you or any third party nor to authorize you to create derivative works based on the content on the EXPERIENCE. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Posts, in whole or in part, in all media formats and channels now known or hereafter devised (including on our other web sites or on third party web sites) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity .

By communicating a Post, you represent and warrant that the Post and your communication thereof conform to the Rules of Conduct above and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, such as consents and permissions from any third parties appearing or named in the Post, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Post in all manners contemplated by these terms of use. These terms of use do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Post.

You agree that any Posts you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

Subject to applicable law, we may suspend or terminate your ability to use the EXPERIENCE or portion thereof for failure to comply with these terms of use or for infringing copyright, or for any other reason whatsoever.

Without prejudice to any of our other rights under these terms of use or at law, we reserve the right to (a) refuse to publish or communicate or remove any Post that violates these terms of use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Post or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or protect the safety or security of any person or property, including the EXPERIENCE. Moreover, we retain all rights to remove Posts at any time for any reason or no reason whatsoever.

The materials on the EXPERIENCE are provided "as is". Bank of America makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. In no event shall Bank of America, its affiliates, or its suppliers be liable for any damages arising out of the use or inability to use the materials on the EXPERIENCE, even if Bank of America has been notified orally or in writing of the possibility of such damage. Bank of America will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within the EXPERIENCE. You agree to indemnify, defend and hold harmless Bank of America, its parent, subsidiaries, officers, employees and agents from any and all liability with respect to any claims from any third parties arising from your use of our sites or violation of these terms or applicable guidelines.

Subject to applicable law, at any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by posting notice of such amendment on the EXPERIENCE covered by these terms of use.