The APL
website is an online service that allows individuals and families
in crisis to set up unique personal websites that can be promoted
to friends, family and supporters. The general public can view
each others' cause related websites, communicate with friends
and meet new friends through the service, share photos, post journals
and comments, and describe their cause. To enrich our cause sites
experience, we request and display some personal information to
visitors, which allows our users to identify each other and expand
their network of support. APL causes can change their profile
information at any time and can control how other people and the
service communicates with them. The services offered by the A
Parents Love Foundation ("APL") include the APL website,
the APL Cause related websites, online fundraising programs and
any other features, content, or applications offered from time
to time by the A Parents Love Foundation in connection with the
APL Website (collectively, the "APL website services").
The the A Parents Love Foundation services are hosted in the U.S.
This Terms
of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the the A Parents Love Foundation
services. By using the A Parents Love Foundation services, you
agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the APL website) or you are
a "Cause Administrator" (which means that you have registered
with the A Parents Love Foundation). The term "User"
refers to a Visitor or a Cause Administrator. You are only authorized
to use the APL website services (regardless of whether your access
or use is intended) if you agree to abide by all applicable laws
and to this Agreement. Please read this Agreement carefully and
save it. If you do not agree with it, you should leave the APL
Website and discontinue use of the APL website services immediately.
If you wish to become a Cause Administrator and/or APL Angel and
make use of the APL website services, you must read this Agreement
and indicate your acceptance during the registration process.
This Agreement
includes the A Parents Love Foundation's policy for acceptable
use of the APL website services and content posted on the APL
Website, your rights, obligations and restrictions regarding your
use of the APL website services and APL's Privacy Policy. In order
to participate in certain APL Services, you may be notified that
you are required to agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions
applicable to the APL services in which you choose to participate,
those additional terms are hereby incorporated into this Agreement.
You may receive a copy of this Agreement by emailing us at: privacy@aparentslove.org,
Subject: Terms of Use Agreement.
The A Parents
Love Foundation may modify this Agreement from time to time and
such modification shall be effective upon posting by the A Parents
Love Foundation on the APL Website. You agree to be bound to any
changes to this Agreement when you use the APL services after
any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated
as to any changes.
Please choose
carefully the information you post on the APL website and that
you provide to other Users. Each cause administrator and visitor
is solely responsible for the information, text, music, photographs,
graphics, video, messages or other materials ("content")
he or she posts on the APL cause website. This means that you,
and not the A Parents Love Foundation, are entirely responsible
for all content that you upload, post, transmit or otherwise make
available to others using the APL website. Under no circumstances
will the A Parents Love Foundation be liable in any way for any
content posted on or made available through this Site by you or
any third party. the A Parents Love Foundation does not control
the content posted on individual APL cause websites and, as such,
does not guarantee the suitability, accuracy, integrity or quality
of such content. In particular, the A Parents Love Foundation
does not control and is not responsible for the accuracy, correctness,
completeness, or currency of any cause related information posted
on or made available through an individual's APL cause website.
You understand
that by maintaining or visiting the APL site, you and/or your
visitors may be exposed to content that is offensive, indecent
or objectionable.
Your APL cause
may not include the following items: any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually
explicit or otherwise objectionable subject matter. Despite this
prohibition, information provided by other APL Visitors (for instance,
in their Journal postings) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services,
and the A Parents Love Foundation assumes no responsibility or
liability for this material. If you become aware of misuse of
the APL website services by any person, please contact the A Parents
Love Foundation.
The A Parents
Love Foundation reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including journal
entries) by you, or to restrict, suspend, or terminate your access
to all or any part of the APL website services at any time, for
any or no reason, with or without prior notice, and without liability.
Eligibility.
Use of and cause related registration for the APL website services
is void where prohibited. By using the APL website services, you
represent and warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain the accuracy
of such information; (c) you are 14 years of age or older; and
(d) your use of the APL website services does not violate any
applicable law or regulation. Your cause may be deleted and your
access may be terminated without warning, if we believe that you
are under 14 years of age.
You further agree that you will not use the APL website to upload,
post, transmit or otherwise make available:
1. Any
content that is unlawful, threatening, abusive, vulgar, tortious,
defamatory, harmful, obscene, harassing, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
2. Any content that you know to be false, misleading, or fraudulent;
3. Any content that infringes on any patent, trademark, trade
secret, copyright or other proprietary rights of any individual
or entity;
4. Any name of any individual, photograph, content, including
any medical information, about an identifiable person without
the permission of each person;
5. Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
6. Promote any activity or illegal cause.
By uploading,
transmitting, posting or otherwise making any content available
on or through the APL website, you are granting the A Parents
Love Foundation a non-exclusive right to copy, modify, publish
and distribute publicly, and prepare derivative works of that
content in accordance with these Terms of Use. If any part of
the content is not your original work, it is your responsibility
to obtain permission from the copyright owner before making that
content available to us. You understand that the A Parents Love
Foundation does not pre-screen the content posted on or available
through the cause websites, but that the A Parents Love Foundation
and its designees will have the right (but not the obligation)
in their sole discretion to remove any content that is posted
on or available through the APL website. Without limiting the
foregoing, the A Parents Love Foundation and its designees will
have the right to remove any content that violates these Terms
of Use or is otherwise objectionable. You acknowledge, consent
and agree that the A Parents Love Foundation may access, preserve,
and disclose your personal information and content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce these Terms of Use; (c) respond to claims
that any content violates the rights of third-parties; (d) respond
to your requests for assistance; or (e) protect the rights, property,
or personal safety of the A Parents Love Foundation, its users
and/or the public.
Term. This
Agreement shall remain in full force and effect while you use
the APL website services or are the cause administrator. You may
terminate your cause at any time, for any reason, by following
the instructions on the administrators account settings page.
the A Parents Love Foundation may terminate your cause at any
time, without warning. Even after the cause is terminated, this
Agreement will remain in effect.
Fees. You acknowledge that the A Parents Love Foundation reserves
the right to charge for the APL website services and to change
its fees from time to time in its discretion. If the A Parents
Love Foundation terminates your cause because you have breached
the Agreement, you shall not be entitled to the refund of any
unused portion of fees collected.
Password. When you register a cause as the cause administrator,
you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another
APL cause at any time or to disclose your password to any third
party. You agree to notify the A Parents Love Foundation immediately
if you suspect any unauthorized use of your account or access
to your password. You are solely responsible for any and all use
of your account.
Non-commercial Use by Cause related APL websites. The APL website
services are for the use of individuals and families in crisis
only and may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by the
A Parents Love Foundation. Illegal and/or unauthorized use of
the APL website services, including collecting usernames and/or
email addresses of visitors by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of
or linking to the APL website is prohibited. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed
from APL cause website profiles without notice and may result
in termination of cause and administrator privileges. Appropriate
legal action will be taken for any illegal or unauthorized use
of the APL website services.
Proprietary Rights in content on the APL website.
The A Parents Love Foundation does not claim any ownership rights
in the text, files, images, photos, video, sounds, musical works,
works of authorship, or any other materials (collectively, "content")
that you post to your cause related APL website. After posting
your content to the APL website, you continue to retain all ownership
rights in such content, and you continue to have the right to
use your content in any way you choose. By displaying or publishing
("posting") any content on or through the APL website,
you hereby grant to the A Parents Love Foundation a limited license
to use, modify, publicly perform, publicly display, reproduce,
and distribute such content solely on and in conjunction with
any the A Parents Love Foundation services and programs. Without
this license, the A Parents Love Foundation would be unable to
provide the APL website services. For example, without the right
to modify cause content, the A Parents Love Foundation would not
be able to digitally compress music files that cause administrators
submit or otherwise format content to satisfy technical requirements,
and without the right to publicly perform cause website content,
the A Parents Love Foundation could not allow visitors to listen
to music posted by APL cause related websites. The license you
grant to the A Parents Love Foundation is non-exclusive (meaning
you are free to license your content to anyone else in addition
to the A Parents Love Foundation), fully-paid and royalty-free
(meaning that the A Parents Love Foundation is not required to
pay you for the use on the APL website of the content that you
post), sublicensable (so that the A Parents Love Foundation is
able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the APL website services),
and worldwide (because the Internet and the APl website services
are global in reach). This license will terminate at the time
you remove your content from the APL website. The license does
not grant the A Parents Love Foundation the right to sell your
content, nor does the license grant the A Parents Love Foundation
the right to distribute your content outside of the APL website
services.
You represent
and warrant that: (i) you own the content posted by you on or
through the APL website services or otherwise have the right to
grant the license set forth in this section, and (ii) the posting
of your content on or through the APL website services does not
violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person. You agree to pay for
all royalties, fees, and any other monies owing any person by
reason of any content posted by you to or through the APL website
services.
The APL website services contain content of the A Parent Love
Foundation ("APL content"). The A Parent Love Foundation
content is protected by copyright, trademark, patent, trade secret
and other laws, and the A Parent Love Foundation owns and retains
all rights in the APL website content and the APL website services.
The A Parent Love Foundation hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the APL website
content (excluding any software code) solely for your personal
use in connection with viewing the APL Website and using the APL
website services.
The APL website services contain content of other users and causes
and other APL website licensors. Except for content posted by
you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any content appearing
on or through the APL website services.
Content Posted.
The A Parent Love Foundation may delete any content that in the
sole judgment of the A Parent Love Foundation violates this Agreement
or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. The A Parent Love Foundation
assumes no responsibility for monitoring the APL website services
for inappropriate content or conduct. If at any time the A Parent
Love Foundation chooses, in its sole discretion, to monitor the
APL website services, the A Parent Love Foundation nonetheless
assumes no responsibility for the content, no obligation to modify
or remove any inappropriate content, and no responsibility for
the conduct of the User submitting any such content.
You are solely responsible for the content that you post on or
through any of the APL website services, and any material or information
that you transmit to other website visitors and users and for
your interactions with other users. The A Parent Love Foundation
does not endorse and has no control over the content. Content
is not necessarily reviewed by the A Parent Love Foundation prior
to posting and does not necessarily reflect the opinions or policies
of the A Parent Love Foundation. The A Parent Love Foundation
makes no warranties, express or implied, as to the content or
to the accuracy and reliability of the content or any material
or information that you transmit to website visitors and users.
Content/Activity Prohibited. The following is a partial list of
the kind of content that is illegal or prohibited to post on or
through the APL website. The A Parent Love Foundation reserves
the right to investigate and take appropriate legal action against
anyone who, in the A Parent Love Foundation's sole discretion,
violates this provision, including without limitation, removing
the offending communication from the APL website and terminating
the cause of such violators. Prohibited content includes, but
is not limited to content that, in the sole discretion of the
A Parent Love Foundation:
1. is patently offensive and promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains
a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names,
URLs or email addresses;
7. promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive,
8. threatening, obscene, defamatory or libelous;
9. promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
10. involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
11. contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page);
12. furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
13. solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
14. involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes;
15. includes a photograph of another person that you have posted
without that person's consent; or
for band and filmmaker profiles, uses sexually suggestive imagery
or any other unfair, misleading or deceptive Content intended
to draw traffic to the profile.
The following
is a partial list of the kind of activity that is illegal or prohibited
on the APL website and through your use of the APL website services.
the A Parent Love Foundation reserves the right to investigate
and take appropriate legal action against anyone who, in the A
Parent Love Foundation's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited
to:
1. criminal
or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, 2. harassment, stalking,
spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade
secrets;
3. interfering with, disrupting, or creating an undue burden on
the APL website services or the networks or services connected
to the APL website services;
4. attempting to impersonate another user, cause or person;
5. using the account, username, or password of another cause at
any time or disclosing your password to any third party or permitting
any third party to access your account;
6. using any information obtained from the APL website services
in order to harass, abuse, or harm another person;
7. or, using the APL website services in a manner inconsistent
with any and all applicable laws and regulations.
Copyright
Policy. You may not post, modify, distribute, or reproduce in
any way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the prior written
consent of the owner of such proprietary rights. It is the policy
of the A Parent Love Foundation to terminate cause privileges
of any user who repeatedly infringes the copyright rights of others
upon receipt of prompt notification to the A Parent Love Foundation
by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been
copied and posted on the APL website in a way that constitutes
copyright infringement, please provide our copyright agent with
the following information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the APL
website; (iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law; (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf. The A Parent Love Foundation's copyright
agent for notice of claims of copyright infringement can be reached
as follows: Copyright Agent, The A Parent Love Foundation, 100
N. Morain St,, Suite 208; Kennewick, WA 99336; Attn: Copyright
Agent;
Privacy. Use of the APL website is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
Disclaimers. The A Parent Love Foundation is not responsible for
any incorrect or inaccurate content posted on the APL website
or in connection with the APL website services, whether caused
by ssers of the APL website services or by any of the equipment
or programming associated with or utilized in the APL website
services. Causes created and posted by cause administrators on
the APL website may contain links to other websites. The A Parent
Love Foundation is not responsible for the content, accuracy or
opinions expressed on such websites, and such websites are in
no way investigated, monitored or checked for accuracy or completeness
by the A Parent Love Foundation. Inclusion of any linked website
on the APL website does not imply approval or endorsement of the
linked website by the A Parent Love Foundation. When you access
these third-party sites, you do so at your own risk. the A Parent
Love Foundation takes no responsibility for third party advertisements
which are posted on this APL website or through the APL website
services, nor does it take any responsibility for the goods or
services provided by its sponsors. The A Parent Love Foundation
is not responsible for the conduct, whether online or offline,
of any user of the APL website services. the A Parent Love Foundation
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to,
or alteration of, any user or cause communication. The A Parent
Love Foundation is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure
of any email or players due to technical problems or traffic congestion
on the Internet or on any of the APL website services or combination
thereof, including any injury or damage to users or to any person's
computer related to or resulting from participation or downloading
materials in connection with the APL website services. Under no
circumstances shall the A Parent Love Foundation be responsible
for any loss or damage, including personal injury or death, resulting
from use of the APL website services, from any content posted
on or through the APL website, or from the conduct of any users
of the APL website services, whether online or offline. The A
Parent Love Foundation services are provided "AS-IS"
and as available and the A Parent Love Foundation expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
The A Parent Love Foundation cannot guarantee and does not promise
any specific results from use of the APL website services.
Limitation on Liability. IN NO EVENT SHALL THE A PARENTS LOVE
FOUNDATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE
SERVICES, EVEN IF THE A PARENTS LOVE FOUNDATION HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE A PARENTS LOVE FOUNDATION'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO THE A PARENTS LOVE FOUNDATION FOR THE
APL WEBSITE SERVICES DURING THE TERM OF YOUR CAUSE'S USE.
Disputes. If there is any dispute about or involving the APL website
services, you agree that the dispute shall be governed by the
laws of the State of Washington, USA, without regard to conflict
of law provisions and you agree to exclusive personal jurisdiction
and venue in the state and federal courts of the United States
located in the State of Washington, City of Kennewick. Either
the A Parent Love Foundation or you may demand that any dispute
between the A Parent Love Foundation and you about or involving
the APL website services must be settled by arbitration utilizing
the dispute resolution procedures of the American Arbitration
Association (AAA) in Kennewick, Washington, USA, provided that
the foregoing shall not prevent the A Parent Love Foundation from
seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold the A Parent Love Foundation,
its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the APL website
services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any content that you
post on the APL website or through the APL website services causes
the A Parent Love Foundation to be liable to another.
Other. This Agreement is accepted upon your use of the APL website
or any of the APL website services and is further affirmed by
you becoming a registered APL cause. This Agreement constitutes
the entire agreement between you and the A Parent Love Foundation
regarding the use of the APL website services. The failure of
the A Parent Love Foundation to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of
such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect.
The APL is a trademark of the A Parent Love Foundation. This Agreement
operates to the fullest extent permissible by law. If any provision
of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Please contact us at: Contact The A Parent Love Foundation with
any questions regarding this Agreement.
I HAVE READ
THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |