General terms of use

1. General

1.1. The General Terms and Conditions of Use apply to the use of the website www.getthroughcancer.com including all associated subdomains as well as to mobile applications.

1.2. By using getthroughcancer.com, the user agrees to these General Terms and Conditions of Use.

1.3. The Website Operator may amend or modify the General Terms and Conditions of Use at any time. The amendments are effective upon publication on getthroughcancer.com and apply to all uses from this point in time. Users will not be notified separately of any changes; an up-to-date version of the General Terms and Conditions of Use is always available on getthroughcancer.com.

2. Content and purpose

2.1. The getthroughcancer.com website provides content about my disease, my motivation and the current healing process, as well as other features and services, such as e-books, which are available free of charge on the website, or blogs, which offer the opportunity to participate in surveys or leave comments. This content is only intended to reflect my healing process and experiences and is not to be interpreted as medical treatment methodology. The content of the website is under no circumstances a substitute for medical advice or medical treatment.

2.2. The use of external services (services provided by third-party providers) via the getthroughcancer.com website is at the user’s own risk and subject to the terms and conditions of the respective third-party providers. The website operator is not a contractual party to a transaction between the user and a third-party provider, it does not perform any function in this context. The website operator therefore also accepts no liability for content (services, contracts, actions, etc.) of third-party providers made available to the user on getthroughcancer.com or otherwise in any way.

2.3. It is prohibited to offer or advertise products or services on getthroughcancer.com. Advertising, opinion polls or similar are prohibited without the express prior consent of the website operator.

3. Unpaid services

3.1. Only free content (e.g. access to free e-books and blogs) is currently offered on the website. The use of the content on getthroughcancer.com is permitted through retrieval and (temporary) reproduction in the user’s terminal device. This provision does not preclude offering paid content on this website in the future.

4. General accessibility

4.1. The content of the website is available to any user who has the necessary technical equipment. The website operator does not guarantee that the website is compatible with the user’s technical equipment.

4.2. When registering/logging in, the user is obliged to provide his data completely and correctly. Changes/additions to his or her data must be reported to the website operator immediately or made by the user himself or herself.

4.3. The user must ensure that his access data (e.g. username, e-mail address, password, etc.) is kept secret and protected from unauthorized access by third parties. Unauthorized or improper use of his access data must be reported to the website operator immediately by e-mail (info@getthroughcancer.com) and the further procedure of the website operator must be followed. In the event of a breach of these obligations, the user himself/herself shall be liable for any damage resulting from the unauthorized or improper use of his/her access data.

4.4. Data entered must not cause any damage to the services, computers or other equipment of the website operator or other persons (e.g. viruses, Trojans etc.). The website operator is entitled to exclude users from using the services at any time without giving reasons and to block or delete accounts if necessary. The user may at any time request (e.g. by e-mail) that his account be deactivated and his stored data deleted. In the event of discontinuation of the website, the website operator may delete all data entered by the user (e.g. comments and other content) without any claim for compensation on the part of the user.

5. Liability and availability

5.1. For free services, the website operator assumes no liability for the constant availability of the service. The website operator is not liable for content provided as part of the free service, or for damages arising from the use of this content, unless such damages are caused by intentional or grossly negligent violation of legal obligations or essential contractual obligations. The above provision applies to all types of damage (incorrect content, loss, misuse or deletion of data, viruses, etc.) that may occur when using the service.

5.2. In particular and expressly, there is no liability for any damages, including personal injuries, suffered by users and resulting from medical malpractice. This website does not constitute medical advice and nothing on this website should be construed as medical advice, so sufferers should always check any treatment with their doctor. The content of this website is intended only as a one-page narrative of my condition, without any claim to completeness or accuracy.

6. Third party content

6.1. The website operator is solely responsible for content created by himself and published, made publicly available or distributed on getthroughcancer.com. This does not include content from third parties that is made available to the user directly on getthroughcancer.com or indirectly (e.g. by setting links).

6.2. Links to the website by the user must be managed as external links and must reflect entire pages (incl. navigation frame) in each case. Where links to other websites are provided, the website operator accepts no responsibility whatsoever, either for the content (e.g. content that is contrary to legal provisions or morality, incorrect or incomplete) of these websites or for damage arising from the use of linked information. The website operator is not liable for any loss or damage arising from the use of third-party services; such claims must be addressed directly to the third party.

6.3. The content offered via getthroughcancer.com may be protected by intellectual property rights. Further dissemination of the content is generally prohibited to the user and only permitted with the permission of the rights holder.

6.4. The input of content by users must be carried out in compliance with the rights of third parties and the statutory provisions. The user is therefore prohibited from interfering with the rights of third parties without authorization. Any protected content shall contain a reference to the property right to which it is subject. The user must pay any fees to collecting societies (e.g. AKM) himself. The website operator has the right to inspect the content submitted by the user.

6.5. If protected content is distributed on getthroughcancer.com, the user is responsible for ensuring that he/she has all the necessary rights. By entering the content, the user grants the right to use this content in any way (process, publish, etc.). In the absence of any other agreement, this shall be free of charge. Content entered by users (e.g. comments, etc.) can therefore be published in media, web applications or in any other way at any time without the user being entitled to remuneration.

6.6. The website operator has the right to delete or block access to content entered by the user that violates the rights of third parties or offends common decency or otherwise reproduces offensive content. The website operator shall not be liable for violations by users which lie within their own sphere of responsibility. This includes, in particular, any legal costs and costs of court proceedings.

7. Data protection

7.1. If personal data of the user is processed, this is done on the basis of the privacy policy separately provided to the user in accordance with Article 13 or Article 14 DSGVO, including information on IT security. This information is constantly available in the current version.

7.2. The website operator shall only be liable for unauthorized access or misuse of the user’s data by third parties (e.g. hacker attacks) if the website operator has at least grossly negligently failed to take appropriate and reasonable security measures.

7.3. User data may be passed on to state law enforcement agencies such as the police, courts, authorities, etc., provided that they have an overriding legal interest in establishing the identity of a user (e.g. credible initial suspicion) and the information forms a necessary basis for legal prosecution.

7.4. In addition, the privacy policy available on the website shall apply.

8. Comments & Form Rules

8.1. The “Post Comment” and “Poll” functions aim to promote the free exchange of opinions, experiences and ideas between different users and to provide them with a place to meet virtually.

8.2. Vulgar, inappropriate or offensive language is prohibited. Users must treat each other with respect. Content will not be pre-screened unless it is self-generated. In particular, personal attacks and attacks against race, nationality, ethnic origin, religion, gender, sexual orientation or similar are prohibited. The website operator acts as a neutral authority in the background and tries to maintain the given guidelines as far as it is technically and functionally possible. Should these guidelines be violated, users may be excluded from using the comment function or the entire website.

8.3. Contributions that violate the legal provisions of the Republic of Austria or offend common decency will be deleted upon notification (e.g. illegal activities, harassing behavior, etc.). The dissemination of content that conveys hatred against parts of the population or propaganda for an extremist organization is prohibited.

8.4. The user is forbidden to deceive about his identity, e.g. issue as administrator or appear under a foreign name. It is possible to inform the website operator of any violation of the rules of conduct at any time by e-mail (info@getthroughcancer.com).

8.5. Content that violates the guidelines may be deleted or blocked by the website operator. A complete removal of content that violates the aforementioned guidelines and that has been published in the forum cannot be guaranteed.

9. Final provisions

9.1. The sending of an e-mail corresponds to the written form. The law of the Republic of Austria shall apply.

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