TERMS AND CONDITIONS OF USE OF THE ANTON YELCHIN FOUNDATION WEBSITE
I. Restrictions On Use
All pages within this website located atwww.antonyelchinfoundation.org and any material made available for download therefrom are the sole property of Anton Yelchin Foundation (“Nonprofit”) and/or its affiliates. Nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof. No portion of the materials on any pages of the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of Nonprofit. This Site is for your own personal use. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. For the purposes of these Terms and Conditions “content” shall mean any information, communications, photos, videos, graphics, music, sounds, text, logos, images, button icons, and any and all other material that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all content presented to users of the Site is the property of Nonprofit and/or its content suppliers.
From time to time we may revise or modify these Terms and Conditions by posting revisions through a link on our Site. Whether or not we provide notice to you of such revisions or modifications, you will be bound by the revised or modified Terms and Conditions for all subsequent uses of this Site after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use this Site.
II. Trademark & Copyright Notice and Proprietary Materials
Nonprofit and all related marks are logos, trademarks, and service marks owned, controlled by or licensed to Nonprofit. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Further, all materials contained on this Site, including but not limited to text, graphics, and icons are Copyright ©2017 The Anton Yelchin Foundation (hereafter “Nonprofit ”) or are licensed to, controlled by or otherwise published by Nonprofit with the permission of the owner of the material. All rights in such materials are reserved for its respective owners.
The materials posted on this Site may be retrieved and downloaded solely for not-for-profit or charitable purposes (“Authorized Uses”), provided that such Authorized Uses do not include posting, publication, transmission, or dissemination of such materials in digital or electronic form by means of the World Wide Web, e-mail, online services or any other medium now existing or hereafter developed, or the making of more than thirty (30) printed copies.
No materials contained on this Site may otherwise be printed, copied, reproduced, modified, transmitted, uploaded, downloaded, stored, displayed in public, altered, published, broadcast, or otherwise distributed without the prior written permission of Nonprofit. Any reproduction permitted under these Terms and Conditions must contain the following notice: “©2017 The Anton Yelchin Foundation Nonprofit. All rights reserved.”
The information contained on this Site or any other web site owned, operated, licensed, or controlled by Nonprofit, as well as the design and layout of such web sites, contains elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound, or image from this Site may be copied, except in connection with the Authorized Uses described above, or retransmitted without the express written permission of Nonprofit.
Thus, Nonprofit grants you a limited license for the Site for your personal and noncommercial use in connection with your visit. Your use of this Site is subject to all applicable laws and regulations. If you are eligible to be a potential grantee and/ or to fill out any other forms on this Site, you may utilize this Site in such a manner and it is an Authorized Use.
NONPROFIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE INFORMATION, SERVICES, CONTENT, OR PRODUCTS CONTAINED ON THIS SITE OR ANY LINKED SITE FOR ANY PURPOSE. SPECIFICALLY, SHOULD A USER ATTEMPT TO OBTAIN A GRANTEE VIA THE SITE, THE USER ACKNOWLEDGES AND AGREES THAT SUCH A SUBMISSION PROVIDES NO GUARANTEE WHATSOEVER OF RECEIVING SUCH GRANT. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NONINFRINGEMENT. NONPROFIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND ANY AND ALL HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK. YOU FURTHER AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONPROFIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL NONPROFIT, ITS AFFILIATES, ITS SPONSORS, ITS EMPLOYEES, ITS AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY PORTION OF THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES RESULTING FROM OR RELATING IN ANY WAY TO THE USE OF THIS SITE OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
B.Disclaimer of Liability and Recommended Service Providers
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Nonprofit is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Nonprofit reserves the right to remove such materials from the Nonprofit Site without liability. Further, this disclaimer of liability applies to all products sold through the Site, and any and all claims relating to those products as well as the authenticity, price, payment, shipment, loss, damage, or delay related thereto.
While Nonprofit endeavors to identify the best service providers and resources for participants to assist those who would like to avail themselves of such services, Nonprofit does not warranty the services of these individuals or organizations that you are referred to. You are required to undergo your own independent investigation to determine if these persons and/or organizations are adequate for you. You are advised to seek independent professional advice.
C.Disclaimer – Accuracy of Information
Although Nonprofit attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Nonprofit at email@example.com so that it can be corrected. Information contained on the Site may be changed or updated without notice. Nonprofit reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
D.Disclaimer – No Responsibility for External Links
Links to external web sites, videos and frames are not maintained by Nonprofit and do not imply an endorsement of the materials disseminated at those web sites, nor does the existence of a link to another site imply that Nonprofit or the person publishing at that site endorses any of the materials at this Site. Links to other web sites are provided by Nonprofit as a convenience to its Users. Nonprofit is not responsible for the materials contained at any web site linked to this Site and cannot guarantee that sites will not change without our knowledge.
E.Disclaimer — Use of email
By sending Nonprofit a message via the Site or through any other means, you agree to have it, along with your name, posted for public viewing both here and in other Nonprofit promotional and advertising materials without compensation. We may occasionally post messages received from Users, but nothing provided for herein shall require us to do so. All messages that are posted on the Site represent the opinions of Users and do not necessarily represent the ideas or opinions of Nonprofit. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Nonprofit. In consideration of this authorization, you agree that any copy of this information that you make shall remain the property of Nonprofit and this Site.
F.Disclaimer - User Generated Content
The Site may allow you to submit, through a message board or similar practice, ideas, photographs, writings, data, questions, comments, suggestions, email or mailing addresses, grants, donations or other content, including personal information (“User Generated Content”). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed) as determined by Nonprofit in our sole discretion and shall become the exclusively property of Nonprofit. Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through our Site, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you and engage in discussion. Nonprofit reserves the right to post, delete or modify anything shared through the Site by you. Please think carefully before deciding what information you share, including personal information, in connection with your User Generated Content or social networking activities. Please note that Nonprofit does not and will not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. These Terms and Conditions do not apply to any information that you disclose publicly, or choose to share with others or otherwise upload on the Site.
Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Nonprofit. Nor shall any information or statements contained on this Site be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to documents available from this server, neither Nonprofit nor any of its employees, officers, directors, etc., makes any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Nonprofit nor any of its employees, officers, directors, etc., assumes any legal liability or responsibility for the accuracy, authenticity, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
In the event that you violate those restrictions and these Terms and Conditions including but not limited to your failure to comply with the above restrictions on information, materials or content, posted to the Site, Nonprofit hereby expressly reserves the right to limit or otherwise wholly restrict your use of the Site in its sole and unfettered discretion. Further, Nonprofit hereby expressly reserves any and all rights and remedies that may be available to it pursuant to applicable law.
IV. Volunteer Registration
We may allow for volunteers. If so, if you desire to register to be a volunteer for Nonprofit’s programs or activities, it is possible that such registration may be done on the Site. By using our online volunteer registration, if any, you are expressly agreeing to execute Nonprofit’s volunteer agreement or similar instrument. If no such instrument is provided, then, you shall provide your services free of charge, terminable at will.
V. Copyrighted Materials
Nonprofit continually invests significant resources to create text, images and other materials on the Site. These materials may be protected under copyright laws of the United States and of other countries worldwide. To protect its investment, Nonprofit diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates Nonprofit’s copyrights.
Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of Nonprofit’s copyrighted materials without explicit permission for commercial use constitutes infringement. Without written permission from Nonprofit, you may not make any unauthorized reproduction or engage in distribution of Nonprofit’s copyrighted materials, which include, but are not limited to, materials such as publications, Site content, diagrams, photos, videos, images, and graphics published by Nonprofit in any format. It is Nonprofit’s policy to enforce its copyrights against any third party who infringes on its copyrights. To ensure that you do not infringe on any of Nonprofit’s copyrighted materials, do not engage in any of the following without prior express written consent from Nonprofit:
C. Permission Requests
To request permission to use Nonprofit’s copyrighted material, please email us at firstname.lastname@example.org.
These Terms and Conditions, including this copyrighted materials policy not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding Nonprofit’s policy for its copyrighted materials, please contact Nonprofit at email@example.com.
VI. Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
VII. Termination of Use
You hereby agree and acknowledge that Nonprofit may, in its sole discretion, terminate or suspend your access to all or part of this Site, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Nonprofit reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and to correct any errors or omissions to any portion of this Site. The content and/or materials on the Site may also be changed, modified, added, removed or updated at any time and without notice. Notwithstanding the foregoing, Nonprofit is under no obligation to update or otherwise change the content and/or materials of the Site. Nonprofit reserves the right to make changes in the programs described on the Site, if any, at any time and without notice. Your continued use of the Site after any changes made by Nonprofit will be considered an acceptance of those changes.
IX. Entire Agreement
These Terms and Conditions constitute the entire agreement between Nonprofit and you pertaining to the subject matter herein. In its sole discretion, Nonprofit may modify these Terms and Conditions by posting the revised version on this Site without notice.
By using this Site and agreeing to these Terms and Conditions, you hereby agree that you will defend, indemnify and hold Nonprofit harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys' fees) incurred by Nonprofit as a result of any breach of your agreements, representations and/or warranties or any other part of these Terms and Conditions. Nonprofit shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.
XI. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Nonprofit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
XII. Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
PRIVACY AND SECURITY POLICY
I. Data Security
Nonprofit endeavors to keep your personal information safe and confidential. Nonprofit guards against the loss, misuse, and alteration of personal data through reasonable physical and electronic security measures. Nonprofit uses industry-accepted collection and encryption mechanisms to ensure the secure collection, storage, and transmission of user information.
II. What Information Do We Collect?
Nonprofit may ask for and collect from you personally identifiable information at various points throughout our Site. Depending on the information and/or services you request, you may be asked to provide your name, email address, mailing address, phone or fax number, payment details, medical history to a point, and other pertinent information (“Personally Identifiable Information”). Once you provide this Personally Identifiable Information, it may be recorded by Nonprofit and used by it for its purposes including but not limited to whether to an award a grant.
III. Do we use “cookies”?
In addition, some pages on Nonprofit’s Site may use a broadly accepted technology called cookies. Cookies are data elements that are sent by our web server to be stored by your computer to enhance your experience on our Site. For example, cookies are the way in which a website remembers your username and password or other information in a form for the next time you visit. Your web browser will allow you to set a policy for how your computer handles these cookies (e.g., accept all, notify before accepting, disable all). You should refer to your web browser’s documentation to set this policy. Please note that setting your browser to disable cookies may prevent you from using our Site to its maximum benefit.
IV. How Is This Information Is Used?
Nonprofit will use the information you provide for the following purposes only (as applicable):
• to process donations/subscriptions/ grants;
• to send you email alerts/newsletters; and/ or
• to send you informational mailings that may include but are not limited to magazines, newsletters, membership/donation appeals, requests for project information, event information, action alerts, and campaign updates.
Nonprofit only uses credit card or other payment information for the purpose for which it was provided. Nonprofit does not disclose credit card information, telephone contact information, or email addresses to third parties. Nonprofit or its representatives will only contact donors by phone if there is a problem with their donation. Nonprofit sometimes exchanges the postal mailing addresses of its members.
V. Opting Out Or Changing Your Information
Individuals may elect to stop receiving information from Nonprofit at any time by clicking the unsubscribe link at the bottom of each email.
Individuals may also elect to stop receiving postal mail or emails from Nonprofit, opt-out of mailing list exchanges, or request a change to your personal details in our records by contacting Nonprofit.
By Mail: 1427 North Wilcox Avenue, Second Floor, Hollywood, California 90028
By Email: firstname.lastname@example.org
VI. What Security Precautions Are In Place?
We implement a variety of security measures to maintain the safety of your personal information when you donate, register as a volunteer, or provide Personally Identifiable Information on our Site, including the use of a secure server. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
VII. What About Third Party Accessible Sites Accessible From Our Site?
VIII. How Do We Protect The Privacy Of Minors?
You must be at least 13 years old to have our permission to use this Site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information from anyone under the age of 13 or knowingly allow such persons to register for participation on our Site, including but not limited to registering for a Nonprofit account or otherwise participating in any of our events. If you are under 13, please do not provide any information about yourself to us, including but not limited to your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us email@example.com.
We recommend that minors between the ages of 13 and 18 years of age ask their parents for permission before sending any information about themselves to anyone over the Internet.