Terms of Service
Use of the services
Content and intellectual property
Donations made to us
Disclaimers; limitations of liability; and indemnification
Information we collect
How your information is used
Your choices regarding your information
FoundationofHope.us terms of service Last Updated: February 12, 2017
By using the Services, you agree to the Policies; and if you are using the Services on behalf of a business entity, then you agree to the Policies on behalf of yourself and such entity. If you do not agree with the Policies, then do not use the Services. You may not use the Services: if you are under 13; if we have restricted or terminated your use of the Services; or if your use of the Services will violate another contract. We may amend the Policies or any part thereof at any time by providing advanced notice to you on the website or through another communication channel. Your continued use after we provide the notice constitutes consent to the amendment(s) by you and your business entity, if applicable. If you do not agree to the amendment(s), then do not continue using the Services. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
These Terms of Services include 6 parts: Use of the services Content and intellectual property Donations made to us Disclaimers; limitations of liability; and indemnification Arbitration Miscellaneous
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2. CONTENT AND INTELLECTUAL PROPERTY Users of the Services may submit to us content including text, stories, photos, videos and other content. By submitting such content you represent and warrant that: you own such content and the intellectual property to the same; you have the right to submit the same to us for our use; and you thereby grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, license to use the same, including the right to reproduce, prepare derivative works from, distribute, display and perform the same, for any reason, with or without attribution. We will use reasonable efforts to notify you in advance if we desire to use your content on our blog; however, the license you have granted to us gives us the right to use it without such notice. Unfortunately, due to the nature of the Internet, we cannot guarantee that other users of the website or Services that have access to the content you share will not use such content in a way that might violate your rights and we disclaim all liability for such uses by other users. Your termination of your use of the website and/or the Services, or any portion thereof, does not terminate the above described license. Further, you may request that we remove your content from our systems but we may not be able to do so, and we are not obligated to do so. We also have no obligation to retain any of your content. Intellectual property rights All of the content on the website and all of the software and website design/code is owned by us, licensed to us, or likely owned by another individual or entity and all of the same may be protected by copyright, trademark, patent or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for its intended purpose. We respect the copyrights of others. Please refer to our Copyright Policy if you have any concerns regarding copyrights in or to the content on our website.
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3. DONATIONS MADE TO US We offer certain users of the website the ability to make donations to us. If you elect to use the Services to make a donation to us, we may ask for certain personally identifiable information, including payment information. We may also have additional rules and policies regarding the same and all donations are subject to such other rules and policies. We greatly appreciate your donations and thank you for your generosity.
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4. DISCLAIMERS; LIMITATIONS; AND INDEMNIFICATION The website and Services are offered on an “AS IS” and “AS AVAILABLE” basis and subject to the following disclaimers and limitations. We do not control or vet user-generated content on the site. We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including all warranties of merchantability, fitness for a particular purpose, title, accuracy of data and noninfringement. We disclaim all liability for identity theft and other misuse of your identity or other content. We do not make any guarantees regarding the operation of the website and Services, portions or all of which may be unavailable at times or terminated permanently. Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the website or Services is to terminate your account. Neither us nor any of our subsidiaries, affiliated companies or the owners, members, directors, officers, employees, contractors or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any platform applications or any of the content or other materials on, accessed through or downloaded through the Services. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose. You shall save, indemnify and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third-party claims, charges and investigations caused by your failure to comply with the Policies, including without limitation, your submission of content that violates third-party rights or applicable laws and any activity in which you engage on or through the Services.
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5. ARBITRATION You agree that any dispute or claim that you may have that is related to the website or your use of the Services shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). If you have a claim, you should send a letter requesting arbitration and describing your claim to our registered agent in Connecticut. The Connecticut Arbitration Act and Connecticut arbitration law applies to the Policies and your use of the Services. The rules of the American Arbitration Association shall apply to the arbitration, but we are not required to use such association to conduct the actual arbitration. You agree that disputes and claims will be conducted and resolved on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds to a court, then we each waive any right we may have to a jury trial. Notwithstanding the above, we may bring suit in a court to enjoin infringement or misuse of intellectual property or confidential information.
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6. MISCELLANEOUS Termination You may only terminate this agreement with us by suspending your use of the website and Services and delivering written notice to us of your termination. However, you will remain liable for any damage you caused or may later cause to us, the website or the Services. We may terminate this agreement with you, or any portion thereof, or any access to the website or Services or any portion thereof, for any reason or no reason, at any time, with or without notice to you. Such termination may be immediate or may be at a future date. We may also restrict or prohibit future use of the website and Services by you. Upon termination of this agreement, you shall immediately cease using the website and the Services. Applicable law This agreement and all of our policies are governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without giving effect to the principles of conflict of laws of such state, the Connecticut Arbitration Act and applicable U.S. federal law. Contact Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: Foundation of Hope, Attn: P.O. Box 605, Greenwich, CT 06836. You may send informal communications to us via email at admin@FoundationofHope.us. Assignment We may assign the Policies to any third-party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under the Policies without our prior and expressed written consent. Waiver The failure or delay by us to exercise any right or remedy set forth in the Policies will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
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2. HOW YOUR INFORMATION IS USED By using the Services, you consent to the following described uses of your information. User information and content By providing your information to us, you acknowledge that your information may be used by us to identify you. Further, the basic information on your profile (for instance, your name and photo) will be available to other users of the website. And further, if you provide any additional content to your Social Center, such as photos, text and other works, such content will be available to other users of the Social Center. We may also use your information to customize the Services for you and to enhance your experience on the website, including sharing your information with affiliates and contractors to provide the Services to you. However, we take the privacy of our users very seriously, and we do not sell, rent or otherwise provide your personally identifiable information to third parties, except as described in the Policies. We also will not share your personally identifiable information that you share with us without your express consent. Notwithstanding the foregoing, we may share said information, and you consent to the same, when disclosure is reasonably necessary in our opinion to comply with legal process or to enforce the Policies. Communications We may use your information to communicate with you using various means, including email, notices on the website, messages to you through other services, and through other means. If you provide us with information to allow us to connect with you using your mobile device, then you will be responsible for any charges that your carrier may bill to you as a result of such communications. If you create an account and/or activate your Social Center, then other users may be able to contact you directly using the Services. Any information you share with other users in such communications will obviously be shared with them and also with us. If you provide us with your telephone number, then you consent and agree to: our calling you about your support, your account, your sponsored child and other matters related to our programs; our use of automated calling devices such as an auto dialer to call you; and our recording of your phone calls so that we may have accurate records and maintain quality service. Communications with sponsored children We may offer services to you through the Services that allow you to contact children that you sponsor through our programs. All of such communication shall be subject to our standard policies and procedures regarding review, content, delivery and all other policies with respect to the same that we may update at any time. The primary goal of such policies is to protect the children who are supported by our programs and their families, friends and communities. Compliance with legal process We may need to disclose your information, including personally identifiable information and information about your use of the Services, when required by subpoena or other legal process, or if we have a good faith belief that disclosure is necessary to enforce the Policies or to investigate or prevent illegal or immoral actions. Data retention We will use reasonable efforts to maintain your information while your account is active, but we do not guarantee that we will retain everything or anything. We may also retain your information as necessary to comply with our legal obligations. We do not have any obligation to maintain your information after your account is terminated, but we may, at our election, do so.
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3. YOUR CHOICES REGARDING YOUR INFORMATION Some of the information and content you supply to your account and Social Center may be changed or deleted by you in your account settings. Even if you change or delete such information or content, we may retain the previous versions of the information or content in accordance with the Policies. You may request that we delete your information or content from your systems, but we do not have any obligation to honor such request. If you terminate your account in accordance with the Policies, then we will use reasonable efforts to remove your information and content from the sections of the Services that allow other users to see and contact you. However, any information or content that you shared with other users or that we used on our blog may be accessible by other users and other website visitors even after you terminate your account and/or remove your information or content.
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4. SECURITY We take the security of the website, the Services and your information seriously. We will use commercially reasonable efforts to protect your information, especially your personally identifiable information and payment information, including the use of SSL encryption. We also regularly audit our systems for possible vulnerabilities and attacks. However, because the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. Further, it is your responsibility to protect the security of your login information and credentials.
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Last Updated February 2017