By registering or using this web site, you are agreeing (1) that you have read these Terms of Service and (2) that you agree to be bound by these Terms of Service. This document is “the Agreement,” and the entire agreement, between you and Project Live Love.
1. Description of Services
The services (the “Services”) are services offered through this web site by Project Live Love (“Project Live Love,” “we,” or “us”). The Services are available to prospective volunteers who register to use the Services, donors who make contributions through the web site, and any other individuals using the web site (collectively, “Users”).
2. Security
Users agree to comply with any rules of operation and security procedures for the Services established by us from time to time. Users agree that they will not attempt to gain or allow access to any data, files, or programs to which they are not entitled under these Terms of Service, and that if such access is obtained they will immediately return such materials to us or advise us of such unauthorized access.
3. Registration; Access to the Services; Scope of Access
Users’ registration is an application to use the Services. When registering, Users agree to provide us with accurate, complete information. It is a User’s responsibility to inform us of any changes to such information. Users of this web site are granted a personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to access and use the web site, services, and content for Personal Use only and not for commercial purposes. “Personal Use” means use for non-profit or educational purposes, and DOES NOT include (a) any activity or use that is in competition with us, (b) using the content, or parts of the content, of this web site to create a database, (c) using the content, or parts of the content, for financial or other gain for any party, individual, or entity, or (d) the posting, publication, transmission, or dissemination of the content, or parts of the content, in digital or electronic form by means of the Internet, e-mail, any online services, or any other medium now existing or hereafter developed. Users may not duplicate, transmit, redistribute or publish the content, or parts of the content. Users may not use any network monitoring or discovery software to extract information about usage or Users of the Services. Users may not use any robot, spider, other automatic device or manual process to monitor or copy the Content. Any violation of the foregoing provisions constitutes unauthorized use and may result in civil or criminal liability.
4. Termination of Agreement
This Agreement remains in effect until terminated by a User or us, and may be terminated by either party for any reason or no reason, with or without cause. Users may terminate this Agreement by sending us notice via e-mail to info@projectlivelove.com, and by our subsequently disabling the User’s login ID. We may also notify Users of termination of the Agreement by e-mail or other written notice to the address provided to us in the registration process. After termination of this Agreement or a subset of the Services by either party, Users are not authorized to access or use the affected Services, and shall cease all such access and use.
5. Intellectual Property; Ownership of User Content
All content—pictures or photographs, text, graphics, and underlying code, including all copyrights, trade marks, service marks, and similar intellectual property—is exclusively owned by us. No content or intellectual property may be copied, modified, published, broadcast, or otherwise distributed without our prior written permission. Users may only use the content, services, or intellectual property as expressly permitted by these Terms of Service and for no other purposes. Users irrevocably grant us a nonexclusive, royalty-free, world-wide and perpetual right and license to (a) copy, display, disseminate, publish, translate, modify, reformat, edit or create derivative works from anything that they publish or post, including photographs, on the web site (“Users’ information”); (b) combine Users’ information with other material; (c) use (in the broadest sense of the word) Users’ information as we may determine in our sole discretion; and (d) disclose Users’ information subject to the terms of the Privacy Policy, as we may update it from time to time.
6. Conduct
Users will not: (a) act in an unwanted, threatening, harassing, abusive or offensive manner toward any User; (b) use any of the services for political, commercial, or advertising purposes; (c) harm or exploit minors in any way, which includes requesting personal or other information; (d) post, submit or otherwise do anything with the services, content, or web site that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, or hateful to any User or group of Users; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other User; (g) post or reference indecent or pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; (i) violate or infringe upon the confidentiality, or proprietary or other rights, of any individual or third party; (j) send any communications to any User for any purpose other than Personal Use; or (k) transmit fraudulent, deceptive, or misleading communications or intercept or attempt to intercept e-mail or other private communications not intended for them personally. In addition, by posting information to the web site, Users represent that they have all necessary rights in and to the information, and that such information will not infringe on any personal or proprietary rights of any third parties.
7. Links
Links to all third-party web sites are provided solely as a convenience, and are not an endorsement by us of the third party or of the content contained on the third-party web site. We do not monitor third-party web sites. We do not assume any responsibility for the content of linked third-party web sites or make any representation regarding the accuracy of materials on such third-party web sites. If you choose to access a linked third-party web site, you do so at your own risk.
8. Disclaimers
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, AND INTEGRATION.
Further, we don’t make any representation, warranty or guarantee (1) regarding the reliability, usefulness, adequacy, suitability, completeness, timeliness, or validity of the Services or the Content, or (2) that the Web Site is free from any computer viruses, “worms” or “trojan horses,” any other type of destructive or malicious computer code (by whatever name it is called), or any unauthorized computer code which is attached to, or made a part of, the Services or the Content by any person, group, or organization. We aren’t responsible for the content of any information, communication, or material developed, posted, or uploaded by a third party. We don’t edit or control such information, communication or material, or have any responsibility to you or any other party for the content of any information, communication, or material on this Web Site, including but not limited to errors or omissions.
9. Indemnity; Limitation of Liability
You agree that you will indemnify, defend, and hold us harmless from any and all claims or suits (including, without limitation, reasonable legal fees and expenses) that arise out of your breach of these Terms of Service. Further, you agree that we are not liable, under any circumstances, for any loss, injury, claim, liability, or damage of any kind resulting from (1) your use of the services or content, (2) any third party web sites you access through our site, (3) the termination of your access to these Services, (4) any errors in the Content or Services or unavailability thereof, (5) any malicious code as discussed in Paragraph 8, above. You agree that “damage” includes indirect, incidental, special, consequential, or punitive damages, including attorney’s fees and expenses. To the extent that you are legally entitled to a claim for damages from us, you agree that we will only be liable for the amount of your actual, direct damages, not to exceed the amount you donated to us during the three months prior to the date on which the event giving rise to your claim occurred.
10. Restrictions on Linking and Framing Activities
Because we are concerned about the integrity of the Web Site, we prohibit caching, unauthorized hypertext links to the Web Site, and framing any Content available through the Web Site. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet sites linked to the Web Site.
11. Authorized Third Parties
We reserve the right to allow third parties to provide any necessary services to us and/or to users to enable us to provide the Services.
12. Remedies for Violations
We reserve the right to seek any and all remedies available at law, in equity or otherwise for violations of these Terms of Service, including, but not limited to, the right to block access to the Services from a particular Internet address.
13. Governing Law and Jurisdiction
These Terms of Service are governed by, and construed in accordance with, the laws of the U.S. and the State of Georgia, without giving effect to its conflicts-of-law principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Atlanta, Fulton County, Georgia with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of these Terms of Service. Further, if you choose to access or use the Services from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable.
14. Miscellaneous
The section headings in these Terms of Service are used solely for convenience and have no legal or contractual significance. Notwithstanding any other provisions of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.
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