Agreement of Terms of Use
THIS AGREEMENT OF TERMS OF USE (this “Agreement") is made as of this day, by and betweenDeliver The Dream and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned by Deliver the Dream, located at the URL www.DeliverTheDream.org (“DeliverTheDream.org").
Applicability of Agreement
This Agreement is intended to apply to Deliver the Dream, and the website www.DeliverTheDream.org (“DeliverTheDream.org").
Your Right to Access and Use DeliverTheDream.org
The right to access and use DeliverTheDream.org is personal to you or your company and is not transferable by you to any other person or entity. You are only entitled to access and use DeliverTheDream.org for lawful purposes and pursuant to the terms and conditions of this Agreement. By accessing and using DeliverTheDream.org (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which Deliver the Dream, in its sole discretion, may make in the future. Any action by you that, as determined by Deliver the Dream, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying DeliverTheDream.org shall not be permitted, and may result in your loss of the right to access and use DeliverTheDream.org.
Intellectual Property Rights
Images of people or places displayed on DeliverTheDream.org are either the property of, or used with permission by, Deliver the Dream. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on DeliverTheDream.org. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks") displayed on DeliverTheDream.org, including, without limitation, the names “Deliver the Dream, Inc." and any respective logos are registered and unregistered Trademarks of Deliver the Dream or their rightful owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on DeliverTheDream.org without the written permission of Deliver the Dream or such third party owners of the Trademarks. Any use of third party Trademarks on DeliverTheDream.org is done either by permission of the Trademarks’ owners, or as part of a “News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting Deliver the Dream any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on DeliverTheDream.org, or any other content on DeliverTheDream.org, except as provided in this Agreement, is strictly prohibited. You are also advised that Deliver the Dream will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from DeliverTheDream.org (collectively, the “Content") are copyrighted by Deliver the Dream, which also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Without the prior written consent of Deliver the Dream, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of Deliver the Dream or their licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of Deliver the Dream’s intellectual property, or any other harm incurred by Deliver the Dream as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN “AS-IS" BASIS. DELIVER THE DREAM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
DELIVER THE DREAM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM DeliverTheDream.org IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON DeliverTheDream.org.
Links to Third Party Sites
DeliverTheDream.org may contain links to third party Internet websites (“Linked Sites"). The Linked Sites are not under the control of Deliver the Dream and Deliver the Dream are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Deliver the Dream is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Deliver the Dream responsible if the Linked Site is not working appropriately. Deliver the Dream is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Deliver the Dream of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Links Added to the Sites
DeliverTheDream.org may allow you to add links or execute programs from within the websites (“Added Links"). Added Links are not under the control of Deliver the Dream and Deliver the Dream is not responsible for the contents, performance, or resulting operation of any Added Links, including without limitation any link contained in Added Links, or any changes or updates to Added Links. Deliver the Dream is providing this option to you only as a convenience, and the inclusion of any link does not imply endorsement by Deliver the Dream of the Added Links or any association with it operations. Added Links could produce unfavorable results, including but not limited to, damage to equipment and or data. You are solely responsible for any results that might occur from adding Added Links and you hereby agree to indemnify Deliver the Dream from any and all action that might occurred from using Added Links.
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use DeliverTheDream.org, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of DeliverTheDream.org.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting Deliver The Dream at contact@deliverthedream.org. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use DeliverTheDream.org.
Deliver the Dream may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which Deliver the Dream shall have no obligation to disclose to you.
Limitations on Deliver the Dream’ Liability
Deliver the Dream shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise for any special, incidental, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business, as a result of:
(i) your access and use of DeliverTheDream.org;
(ii) your downloading of any Content for your personal, non-commercial use;
(iii) your downloading of any Content as may be permitted by Deliver the Dream’s prior written permission regarding the same;
(iv) your reliance or use of Content displayed, offered, promoted or advertised on DeliverTheDream.org; or
(v) your use of links either supplied by Deliver the Dream or added by you.
(vi) contributions made through the online donation page are non-refundable
Indemnification
You shall defend, indemnify and hold harmless Deliver the Dream and each of its respective officers, directors, shareholders, employees, independent contractors, agents, and representatives from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of DeliverTheDream.org.
Third Party Rights
This Agreement is for the benefit of Deliver the Dream and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf.
Amendments
Deliver the Dream reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on DeliverTheDream.org.
You are encouraged to revisit this Agreement from time to time
01/01/2019