Terms and Conditions of Use Effective: 04/25/2018
The Different and Able Foundation (the “Foundation”) owns and operates the Site (the “Site”). By accessing and/or using the Site, you agree to the Terms and Conditions of Use (the “Agreement” or “Terms”), as amended from time to time. This Agreement contains restrictions on use, disclaimers, and other provisions, some of which limit our liability to you. If you do not agree with all of these Terms or cannot form a legally binding contract, you are not permitted to use the Site. Emails The Foundation may choose to send you emails on a variety of topics—for example, providing you with information, letting you know of problems with the Site or with services offered by the Foundation, or presenting you with the opportunity to make donations, participate in fundraising events or buy selected products and services.
You may elect to receive these emails by joining our mailing list, and you may stop receiving such emails at any time by sending an email to firstname.lastname@example.org removal from our mailing list.
Submissions & Restrictions on Use
The Site may only be used for personal purposes. You may not reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of the Site or access to the Site. You agree that you are responsible for any content that you submit to the site, including comments, photographs and other media. You agree that you will not submit unlawful, defamatory, abusive, obscene, or offensive material. You also agree that you will not submit anything to the Site that will or may violate the rights of a third party, including but not limited to copyright, trademark, and/or privacy rights. If you post information to the Site, you give the Foundation the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media. You agree that you shall not place false or misleading information on the Site or upload any computer programs—including but not limited to viruses, Trojan horses, worms, and/or time bombs—that may interfere with the proper operation of the Site. The Foundation does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements made public at the Site by visitors through the interactive services available at the Site. Any information or material sent by visitors through such services, including advice and opinions, represents the views and is the responsibility of those visitors and does not necessarily represent the views of the Foundation. The Foundation shall not be liable, directly or indirectly, for any damage or loss resulting from any information or material sent by visitors through the interactive services available at the Site.
Digital Millennium Copyright Act
The Foundation may remove content that appears in its sole discretion to infringe the intellectual property rights of others. The Foundation also has a policy, in appropriate circumstances, of terminating the use of the Site by repeat infringers. If you believe the Site (or any material contained on the Site) is infringing your copyright, please send the following information (a “Notification”) via email to email@example.com by postal mail to 229 East 85th Street, Box 552, New York, NY 10128:
- A description of your copyrighted work, including the United States Copyright Office registration number;
- Your physical or electronic signature as the copyright owner or someone authorized to act on behalf of the copyright owner;
- A description of the material that you believe may be violating your copyright, including the URL of the unauthorized material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized; and
- A statement, under penalty of perjury, that the information you have provided is accurate.
If the Notification relates to material posted on our site by a user, a copy of your Notification will be sent to the user who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Site infringes your rights, you should consider first contacting an attorney before sending a Notification.
All donations made using the Site must be made in compliance with federal, state, and local laws relating to charitable contributions, including but not limited to the USA PATRIOT Act and the Internal Revenue Code, as they may be amended from time to time.
Limitation of Liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOUNDATION MAY USE THIRD PARTY PROVIDERS IN PROVIDING THE SITE. THE FOUNDATION IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY PROVIDERS. USERS MUST COMPLY WITH ANY THIRD PARTY PROVIDER’S TERMS.
Links to Third Party Websites
Termination of Use
If you have any questions about these Terms, please contact us via email at firstname.lastname@example.org by postal mail at 229 East 85thStreet, P.O. Box 552, New York, NY 10128.