June 1, 2015
Rights and Obligations.
- Using the Site. It is easy to use our site. Should you choose to engage in activities through the use of our site, you may be asked to set up a user account. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages.
- User Names. You may need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile. By selecting a user name you agree that you will not select or use a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Plan, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Plan to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Plan. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Plan immediately of any unauthorized use of your password or account or any other breach of security. Plan assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
- Accurate Information. You agree to: (a) provide accurate information as prompted on the site; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Plan has reasonable grounds to suspect that such information is inaccurate, Plan may suspend or terminate your use of the site.
- Relationship of Plan. By using this site you understand and agree that Plan shall not be responsible for any losses or damages incurred by you as a result of using the site or as the result of any activities you engage in through the site. In the event of a dispute between users (including but not limited to other users, posters, fundraisers, donors, and third parties), you hereby release Plan, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors, and volunteers from all claims, damages, and demands that may or may not be known, suspected or related to such disputes about our site.
- Fundraising and Awareness Activities. Plan provides a service through the site that allows users to generate their own content within their own account, including the ability to raise funds for Plan through their own activities and events, such as walks, rides, marathons, and other events (collectively, "Events"). Such activities and Events will be subject to the Terms set forth herein and those who engage in such activities and Events agree to be solely responsible for such activities and events and agree to hold Plan harmless from any and all harm, injury, losses, and liabilities as further set forth herein in connection with their participation in such activities and Events.
1. You may use the Materials on this site only for educational or fundraising/awareness-related purposes, subject to these Terms and except that:
a. Logo. To use a Plan mark or logo for fundraising or for any other purpose you must contact us and provide a description of your intended use. Any use of the Plan trademarks, including its logo, requires express written permission from Plan.
b. Sale of Goods or Services benefiting Plan. This use requires express written permission from Plan. To sell products or services to benefit Plan, you must contact at us at: Donor Relations, 155 Plan Way, Warwick, RI 02886, email@example.com and provide a detailed description of your planned use; if an individual, your name and address; if an entity, its place of incorporation and type of entity. Note, the Better Business Bureau and some consumer laws require a written contract between Plan and most businesses that intend to sell goods or services benefitting Plan. Furthermore, businesses must indicate at point of advertising and/or sale the precise benefit to the charity. If the benefit is a portion of sale proceeds, the amount must be indicated by dollar or percentage of retail sale price, not with language such as "proceeds," "income," "net," or "profits" because this does not detail the precise portion of the sale benefiting charity. These arrangements require additional vetting through Plan’s normal off-line mechanisms.
c. Images (including photos and films). You must obtain permission from Plan if you want to use an image from the Materials. Contact: Senior Director of Communications, 155 Plan Way, Warwick, RI 02886, firstname.lastname@example.org and provide a description of the image you want to use, the page address where it appears, what you want to use it for, and, if an individual, your name and address; if an entity, its place of incorporation and type of entity. This use requires express written permission from Plan.
d. Use of Materials. Plan owns the Material on this site, unless otherwise indicated. You acquire no ownership rights by downloading copyrighted or other Material. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
e. Legends Intact. You must keep all copyright or other proprietary notices intact. The Materials should indicate © Plan International USA (Plan), and may require additional legends to attribute the work to an author, photographer, or others. All Materials are owned by Plan or licensed to Plan for its use.
f. Copy to Plan. If the Materials are used in a publication or other formal presentation, you must provide Plan a copy by emailing: Senior Director of Communications, email@example.com.
g. Reputation. Materials shall not be used to disparage Plan or its activities.
Submissions/Creating or Hosting Fundraising
1. In consideration of your use of the site and Materials, you agree to (a) provide accurate, current and complete information about you in any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Plan, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
2. Your remarks, graphics, photos, videos, or other information communicated to Plan or its community or otherwise posted to the site (each a "Submission") shall be freely used by Plan as described below. You represent and warrant that any information and/or Submission you post or provide to Plan through any medium is truthful, accurate, not misleading, not confidential property of others, and not in violation of any other party’s rights, including rights of trademark or copyright. You represent and warrant and agree that you shall not provide Plan a Submission in which other persons have rights without their express permission, or that infringe their rights, or that contains libelous, defamatory, or otherwise unlawful material and you are responsible if your Submission injures another person. In addition, you agree not to:
a. use the Materials for data mining, robots, or similar data gathering or extraction methods;
b. harvest or collect email addresses or other contact information of other Users from the Materials by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
c. use the Materials in any unlawful manner or in any other manner that could damage, disable, overburden, or impair them;
d. use automated scripts to collect information from or otherwise interact with the Materials;
e. upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
f. register for more than one User account, register for a User account on behalf of an individual other than yourself or your institution;
g. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
h. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
i. upload, post, transmit, share, store, or otherwise make publicly available in the Materials (including on the site) any private information of any third party including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
j. solicit personal information from others or solicit personally identifying information for commercial or unlawful purposes;
k. upload, post, transmit, share, or otherwise make available any material 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;
l. intimidate or harass another;
m. use or attempt to use another's account, service, or system without authorization from Plan, or create a false identity in the Materials (including on the site);
o. upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment and discretion of Plan, is objectionable or which restricts or inhibits any other person from using or enjoying the Materials, or which may expose Plan or its users of this site to any harm or liability of any type.
3. Submissions on the site are not confidential and shall not be treated as confidential by Plan. Plan may use Submissions for any purpose, including program and fundraising purposes, without compensation or other liability to you or any third party. When you post a Submission and provide materials with that Submission, or otherwise send material to Plan through this site or any other medium, including, but not limited to photos, videos, ideas, narratives, comments, concepts, or other information, all such submissions and information shall be deemed, and shall remain, the property of Plan. You authorize and direct Plan to use and/or to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Submission. By posting Submissions, you automatically grant, and you represent and warrant that you have the right to grant, to Plan an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submissions for any purpose, commercial, advertising, fundraising, program, or otherwise, on or in connection with the Materials (including on the site) or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. You understand that your Submissions may be used and republished by other Users over whom Plan has no control, and you specifically consent to this use by others and Plan has no obligation to protect such materials as to you or any other User.
4. Fundraising and Receipt of Funds. Users may use the site to support their raising of funds in support of their child sponsorship or for other purposes to support Plan. Users acknowledge that any funds received directly by an individual fundraising on behalf of Plan are accepted as a fiduciary for Plan and that the User owes a duty to Plan to account for all funds raised and to ensure that all funds raised, in their entirety, are provided to Plan at the end of their fundraising event.
5. You are solely responsible for your interactions with other visitors to the site and other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users or visitors and to prohibit your further use of the site or further interactions with Users or visitors. You are also solely responsible for your own communications and are responsible for the consequences of posting those communications.
Liability; Release and Hold Harmless Regarding Site Content/Use.
1. You agree to not post or transmit through Plan or this site any information or documents that violates these Terms. You shall defend, indemnify, and hold harmless Plan International USA, Inc., its directors, officers, employees, and agents, and their third party content providers ("indemnitees") from any claims, losses, or expenses arising from or in connection with any Submissions, any Third Party applications, Software, or Content you post or share on or through the Materials (including through the site), your use of the Materials, your conduct in connection with the Materials or with other Users of the Materials, or any violation of this Agreement or of any law or the rights of any third party.
2. THE MATERIALS AND PLAN’S WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ANY AND ALL INFORMATION, SERVICES, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH PLAN’S SITE ARE SIMILARLY PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PLAN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PLAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS INCLUDING, WITHOUT LIMITATION, THEIR COMPLETENESS, ACCURACY, RELIABILITY, INTERRUPTION, DEFECT, WHETHER THE MATERIALS OR THE SERVER ARE FREE OF VIRUSES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR OTHER HARMFUL COMPONENTS. INFORMATION IN THE MATERIALS, OR THE SITE OF PLAN, IS PROVIDED WITH THE UNDERSTANDING THAT PLAN IS NOT RENDERING PROFESSIONAL ADVICE OR RECOMMENDATIONS. DO NOT RELY ON ANY INFORMATION ON THESE PAGES TO REPLACE CONSULTATIONS WITH QUALIFIED PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS. YOU USE THE MATERIALS AT YOUR OWN RISK.
3. Plan publishes much of its own content. However, Plan is also a distributor (and not a publisher) of content supplied by third parties and Users. Plan has no editorial control over content it does not publish on its own. All opinions, advice, statements, services, offers, or other information or content expressed or made available by any User of the Materials or this site, are those of the respective author(s) or distributor(s) and not of or endorsed by Plan, unless published directly by Plan. PLAN DOES NOT PRE-SCREEN, APPROVE, OR ENDORSE ANY SUBMISSIONS, AND CANNOT GUARANTEE THAT A SUBMISSION WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A SUBMISSION. NOR IS PLAN RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION, OR ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUBMISSION, INCLUDING HOW THE OWNER OF THE SUBMISSION COLLECTS, HANDLES, USES, AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A SUBMISSION.
4. IN NO EVENT WILL PLAN OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE MATERIALS OR THIS SITE, ANY PLATFORM APPLICATIONS, ANY PRODUCT OR SERVICE, OR ANY OF THE MATERIALS OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF PLAN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLAN'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 PLAN FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO PURCHASE OF A PRODUCT IS INVOLVED AND/OR NO FEES ARE PAID TO PLAN FOR THE SERVICE, MATERIALS, OR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM PLAN, REGARDLESS OF THE CAUSE OF ACTION.
5. Plan is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Materials or use of the site. Under no circumstances will Plan be responsible for any loss or damage, including any loss or damage to any Submissions or personal injury or death, resulting from anyone's use of the Materials, the use of the site, any Submissions or Third Party Applications, Software, or Content posted on or through the Materials or transmitted to Users, or any interactions between Users of the Materials or the site, whether online or offline.
6. The Materials and site may be linked to other sites not maintained by Plan. Plan is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Plan of the sites. Plan makes no representations whatsoever about any other sites which you may access through Plan.
Some Users and/or supporters may choose to engage in physically dangerous and taxing fundraising activities, including but not limited to bicycle rides, marathons, other distance running, and various other activities that may be inherently dangerous or have the potential to cause harm. In this regard, by using this site and in consideration for the use of Plan’s name and goodwill, Users and supporters acknowledge they are fully aware of inherent risks and dangers and agree to the following express release:
I UNDERSTAND THAT THE ACTIVITY I AM UNDERTAKING (THE “ACTIVITY”) IS A PHYSICALLY DEMANDING AND POTENTIALLY DANGEROUS ENDEAVOR THAT I AM VOLUNTARILY UNDERTAKING. I ACKNOWLEDGE THAT THE ACTIVITY IS NOT ORGANIZED BY PLAN AND IS NOT BEING UNDERTAKEN UNDER ANY ASSURANCES OF MY COMPLETION OF THE ACTIVITY. I AGREE TO BE SOLELY RESPONSIBLE FOR MY OWN WELL-BEING AND MY CONTINUED PARTICIPATION SHOULD I NOT BE ABLE TO MAINTAIN THE PACE OR HAVE MY SAFETY COMPROMISED.
BECAUSE OF THE DANGER INVOLVED WITH THE ACTIVITY, AND THE PHYSICAL AND SAFETY DEMANDS OF PARTICIPATION, I ACKNOWLEDGE THAT I AM PHYSICALLY ABLE TO ENGAGE IN THE ACTIVITY AND THAT I HAVE RECEIVED A PHYSICIAN’S PHYSICAL SO ATTESTING TO SAME OR OTHERWISE ACKNOWLEDGE THAT PLAN INTERNATIONAL USA, INC. IS UNAWARE OF ANY PHYSICAL OR MENTAL HEALTH OR RELATED ISSUES THAT COULD JEOPARDIZE MY SAFETY IN ENGAGING IN THE ACTIVITY.
IN FURTHER CONSIDERATION FOR ME BEING ALLOWED TO PARTICIPATE, I PROVIDE THE FOLLOWING ATTESTATIONS AND INFORMED WAIVERS/RELEASES. I ATTEST AM IN GOOD PHYSICAL CONDITION AND AM ABLE TO PARTICIPATE IN THE ACTIVITY. I AM FULLY AWARE AND INFORMED OF THE DANGERS INVOLVED WITH THE ACTIVITY, WHICH INCLUDE, BUT ARE NOT LIMITED TO, PERMANENT PARALYSIS AND DEATH, HEART ATTACK, MUSCLE STRAINS, SPRAINS, PULLS, TEARS, BROKEN BONES, KNEE, BACK, LEG, FOOT, AND NECK INJURIES FROM VARIOUS CAUSES. WHILE PARTICULAR SKILLS, EQUIPMENT, AND PERSONAL DISCIPLINE MAY REDUCE THE DANGERS, THE RISK OF INJURY DOES EXIST; AND, AS TO PLAN INTERNATIONAL USA, INC., I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THIRD PARTIES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION; AND, I WILLINGLY AGREE TO COMPLY WITH ALL FEDERAL, STATE, AND LOCAL RULES AND REGULATIONS, AS WELL AS THE STATED AND CUSTOMARY TERMS AND CONDITIONS FOR PARTICIPATION. IF, HOWEVER, I OBSERVE ANY UNUSUAL SIGNIFICANT HAZARD DURING MY PRESENCE OR PARTICIPATION, I WILL REMOVE MYSELF FROM PARTICIPATION OR OTHERWISE PROCEED AT MY OWN RISK.
I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, HEREBY FOREVER WAIVE, RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS PLAN INTERNATIONAL USA, INC., THEIR OFFICERS, DIRECTORS, OFFICIALS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND SPONSORING AGENCIES, (“RELEASEES”), FOR ANY AND ALL CLAIMS OR LIABILITIES FOR INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGES TO MY PERSON OR PROPERTY, INCLUDING THOSE CAUSED BY THE ORDINARY ACT OR OMISSION OF ANY OF THOSE MENTIONED OR OTHERS ACTING ON THEIR BEHALF, ARISING OUT OF OR CONNECTED WITH MY PARTICIPATION IN THE ACTIVITY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
AGREEING TO SAME.
1. Plan Programs. The Materials and this site may contain references to Plan services, products, and programs that are international and may or may not exist in your country. These references do not imply that Plan intends to announce or provide the programs in your country. All questions about Plan activities in your country should be directed to Plan.
2. Monitoring. You understand and agree that Plan may, but is not obligated to, review the Materials on the site and may delete or remove (without notice) any Content or Submissions in its sole discretion, for any reason or no reason, including Submissions that in the sole judgment of Plan violate this Agreement, or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submissions you post or store in the Materials, on the site, or provide to Plan. Plan may edit, refuse to post, or remove any material submitted to or posted in the Materials and on the site. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Plan has adopted a policy of terminating, in appropriate circumstances and at Plan's sole discretion, access of Users who are deemed to be repeat infringers. Plan may also at its sole discretion limit access to the Materials or the site and/or terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Possible evidence of use of the Materials or the site for illegal purposes may be provided to law enforcement authorities.
3. Trademark Information. The marks Plan International USA, Plan USA, and other Plan service marks, trademarks, trade names, or logos are protected and/or registered in the United States and, to the extent used outside the United States, in other countries. All rights reserved. Other trademarks or trade names displayed in the Materials, on the site or through links to other sites are the property of the respective trademark owners.
5. No Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes, or similar prize promotion (each a “Promotion”) on this site without Plan’s prior express written consent. If Plan does consent, you take full responsibility for the Promotion and you agree that such Promotion shall comply with all applicable laws; you are solely responsible for all facets of the Promotion; you may not use Plan’s trademarks or other intellectual property in the Promotion or its rules without Plan’s written consent; you cannot require someone pay or otherwise make a donation to participate in the Promotion; and you cannot endorse, sponsor, or promote any third party as part of the Promotion. Any rules for the Promotion must provide that: Plan does not sponsor, administer, or endorse the Promotion; each participant or entrant in the Promotion releases Plan from any and all liability; and all questions concerning the Promotion must be directed to you and not to Plan.
6. Law. This Agreement shall be construed in accordance with the laws of the State of Rhode Island, United States of America, without regard to its conflict of laws roles. If any part of these Terms are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
8. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to this subject matter, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.