ELLIESARMY.ORG Terms of Service
Last Updated: November 3, 2017
Welcome to elliesarmy.org.
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.
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
1. USE OF THE SERVICES
We will use commercially reasonable efforts to ensure the Services are up and running, but we are not liable for any time during which the Services may be down. We may also modify, change or remove parts or all of the Services at any time. We may also provide links to other websites and services, and if you use such other websites or services, you do so at your own risk. We are not responsible for such other sites or services.
You may not do anything through the Services that is illegal or that diminishes the purposes of our organization or that will harm the Services, including using bots or other automated systems. You may not use the Services to perform fundraising for other organizations.
In order to protect the privacy of children participating in our programs, you may not use the Services to share or otherwise communicate any child’s last name, health information or other personally identifiable information about such child, including anything that would reveal a child’s specific location within a country other than such child’s city and country.
In order to protect our children, their families and our sponsorship communities, please use caution when sharing any videos, photos, films or similar materials. These materials are intended to be used for educational purposes and to promote ELLIE’S ARMY, INC. programs while protecting the dignity of the people we serve. Use of these materials for commercial purposes or for promotion of any activity other than ELLIE’S ARMY, INC. programs is not authorized without prior permission from ELLIE’S ARMY, INC..
2. CONTENT AND INTELLECTUAL PROPERTY
Users of the Services may submit information and documents 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 website or otherwise; 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.
- 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.
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.
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 Florida.
The Federal Arbitration Act 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.
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.
This agreement and all of our policies are governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to the principles of conflict of laws of such state, the Federal Arbitration Act and applicable U.S. federal law.
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: ELLIE’S ARMY, INC., Attn:_____________________________________________. You may send informal communications to us via email at ______________________________.
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.
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.
By using the Services you and your business entity, if applicable, are agreeing to the Policies and the terms for amending the same (see our Terms of Service for additional information on your contract with us).
When you use the website and the Services you are voluntarily providing us with certain information about you. Certain portions of the website and Services will require you to provide us with additional information, which may allow us to identify you as a specific user and/or an individual. If you do not want to provide such information to us, then do not use the website or the Services. To stop receiving our emails, please click the link found at the bottom of each email.
- Information we collect
- How your information is used
- Your choices regarding your information
- INFORMATION WE COLLECT
User information and content
Like most websites, when you visit the site or use the Services, we collect information about your use such as clicking on links and buttons, your submission of content, your searches, etc. If you create a user account, then we will collect additional information about you, including, without limitation, your name, addresses, phone numbers, email addresses, language preferences, other demographic information, credit card or other payment information, and your password.
We do not allow third-party advertisers to advertise on our website but we may post our own ads regarding our operations on our website. We may also use the information we collect from you to provide you more relevant ads.
- 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.
We may also use your information to customize the Services for you and to enhance your experience on the website, including use of your information by our 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 your consent to the same, when disclosure is reasonably necessary in our opinion to comply with legal process or to enforce the Policies.
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 provide us with your telephone number, then you consent and agree to: our calling you about your support, your account, your child (even if a minor) and other matters related to our programs.
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.
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.
- YOUR CHOICES REGARDING YOUR INFORMATION
Some of the information and content you supply ELLIE’S ARMY, INC. may be changed. 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 relationship with ELLIE’S ARMY, INC. in accordance with the Policies and request that your information deleted from our system, then we will use reasonable efforts to remove your information from our system.
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.
ELLIE’S ARMY, INC. is committed to protecting our donors’ privacy. Our donors expect that we will use their support wisely. They also place their trust in us concerning the personal information that they may share with their gifts. We value our donors’ trust and we recognize that maintaining this trust requires us to be transparent and accountable to our supporters and the public. An organization that deals with individuals and information about individuals in its daily operations and fundraising activities must secure that information.
We maintain all records of donations to ELLIE’S ARMY, INC. according to the applicable standards for record retention in effect at the time of the donation. All records are maintained in a secure location.
ELLIE’S ARMY, INC. uses the information it collects for its own purposes and does not share or sell a donor’s personal information with anyone else for any other purpose. We will not send mailings to our donors on behalf of other organizations. In exceptional circumstances, we may be required to disclose information due to a legal requirement, for grant applications and to prevent unauthorized bank credit or debit card transactions.