The Angel Heart Foundation, Inc. currently maintains the following the websites. These websites are collectively referred to as the Site. The provisions of the Terms of Service apply separately and equally to each website:
The Service as defined in this Terms of Service agreement represents access to The Foundation’s wide array of resources, including various communication tools, databases of information, expressions of opinions, forums and content, through its websites, which are listed above. Any new features that adds to or enhances the current Service, including the release of any new Foundation websites and features, shall be subject to the Terms of Service.
Use of Site
The Site and all of its content are protected by U.S. and/or foreign copyright laws, and belong to The Angel Heart Foundation, Inc. or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by The Foundation or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization. You may not manipulate or alter in any way images or other Content on the Site.
Agreement of Member or User
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The user will select a username and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify The Foundation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Foundation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Conduct of Members and Users
You understand that all information, data, text, software, music, graphics, videos, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Foundation, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Foundation has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Foundation be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
* Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or which is otherwise objectionable
* Harass another user, collect or store personal data about other users, or harm other members in any way
* Impersonate any person or entity, including, but not limited to, a Foundation staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity
* Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or upload, post or email that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* Intentionally or unintentionally violate any applicable local, state, national or international law
You acknowledge that The Foundation and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, The Foundation and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Foundation or submitted to The Foundation
You acknowledge and agree that The Foundation may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Foundation, our members and the public.
Things You Can Do on the Message Boards:
* Use message boards to discuss causes you care about, and have open, honest debates about issues that matter
* Post opinions, information and news summaries relevant to the mission of The Foundation and its Services
* Report messages that violate our policy
* Use message boards to give The Foundation feedback on its websites.
Things You Can Not Do on the Message Boards:
* Share personal or private info
* Threaten fellow message board users
* Offend any specific race, religion, sexual orientation, or culture
* Post or distribute sexually explicit, vulgar, or obscene content
* Impersonate another message boarder, Foundation Staff Member, or anyone else you are not
* Post copyrighted material or material created by others without direct permission
* Post direct solicitations for funds or advertisements for any goods or services
* Post offensive material of any kind
* Post links to external websites
* Do not directly link to external sites, as this will overload our message boards with random links. Also, we choose to link to approved organizations that have passed our partnership criteria.
Every member of The Foundation community acts as a moderator through our abuse-reporting system. Members are asked to report inappropriate content. When inappropriate user-generated content is found, the user is contacted and the post is edited or removed as needed.
Foundation staff moderate users, content and content policy, along with a network of volunteer moderators that monitor every post for content. They will edit, hide or delete messages where appropriate. The Foundation can decide, in its sole discretion, what is inappropriate for our message boards and can restrict user access or delete a user account at any time.
These are the areas for users to add input about articles or content posted on the websites, and to say something to people who make these posts. These areas all have the same rules that apply for the message boards and will also be monitored to maintain relevant content and foster a positive community.
User-Generated Content (Message Board and Comment Fields)
The views, opinions, and comments expressed on the message board or in the comment fields do not reflect the views and opinions of the Angel Heart Foundation, Inc. as an organization. The Angel Heart Foundation is a not-for-profit entity and it does not directly support or advocate any political, social, or religious agendas. We respect all of our visitors and members equally.
Materials Submitted by Member or User
The Foundation does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content, including photos, graphics, audio or video, that you submit or make available for inclusion on publicly accessible areas of the Service, you grant to The Foundation the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless The Foundation, its affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
Links to Other Web Sites
Links to other Internet Sites are provided for your convenience only and the presence of such links does not mean that The Foundation endorses, recommends or represents them in any way. The Foundation does not control and is not responsible for any such sites or their content. The Foundation disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any content of such sites.
Change in Service or Termination of Service
The Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Foundation, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Foundation believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. The Foundation may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that The Foundation may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that The Foundation shall not be liable to you or any third-party for any termination of your access to the Service.
Disclaimer of Warranties
The information, materials and services presented on this Site are provided “AS IS” without any warranties of any kind, express or implied, including but not limited to warranties of compliance with applicable laws, merchantability, fitness for a particular purpose, or non-infringement of third party rights including intellectual property rights. The Foundation
does not warrant the accuracy or completeness of the materials or services posted on the Site. The Foundation further does not warrant that this Site, its servers, or e-mail sent from The Foundation are free of viruses or other harmful components.
Limitation of Liability
Under no circumstances shall The Foundation be liable for any direct, indirect, incidental, consequential, punitive or special damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use of, or errors or omissions in the contents or functions of this Site, even if The Foundation or an authorized representative thereof has been advised of the possibility of such damages. If your use of the materials, information or services from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
Since the Internet is global in nature, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
This Terms of Service constitute the entire agreement between you and The Foundation, and it governs your use of the Service, superseding any prior agreements between you and The Foundation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and The Foundation shall be governed by the laws of the State of California. The failure of The Foundation to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contacting the Website
Updated January 1, 2013
Copyright @ 2013 Angel Heart Foundation, Inc.