Terms and Conditions
1. Acceptance of Terms
This online community (referred to as “the Site”) is provided as a service to you subject to your review and acceptance of the following terms and conditions of service.
2. Your Registration Obligations
In return for use of the Site, you agree that you are more than 13 years of age. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Site administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In some cases, information is pre-loaded to the Site.
IF YOU DO NOT AGREE TO THE POLICY, YOU SHOULD NOT USE THIS INTERNET WEBSITE (THE “NPH USA SITE”). WE MAY MODIFY THE POLICY FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THE NPH USA SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
Children are not eligible to become sponsors or to register at the NPH USA Site and we ask that minors (persons under the age of 18) do not submit any Personal Information to us. If you are a minor, you can use the NPH USA Site only with your parent(s) or guardian(s).
nphusa.org obtains information from and about you in a number of ways, including:
• General Information
Some information (“General Information”) is gathered automatically when you access the NPH USA Site. This General Information (which includes NPH USA Site pages visited, type of web browser used, type of operating system, and the domain name of your Internet service provider, and similar information) does not identify you personally.
• Personal Information
Some information that may be identifiable as yours (your “Personal Information”) is not gathered automatically at the NPH USA Site. If you wish to provide Personal Information, you must do so voluntarily, and may do so in a number of ways. The following are some of the kinds of Personal Information nphusa.org gathers:
– Sponsorship Information
If you decide to register at the NPH USA Site as a sponsor, you will be asked for certain Personal Information, such as your name, your address, work and home telephone numbers, your email address, preferences regarding sponsorship: (1) male or female child; (2) age of the child; (3) amount and frequency of sponsorship donation; and (4) other information;
– Third Party Information
When you register at a third party website and provide Personal Information to such third parties, Nphusa.org may (pursuant to agreements between Nphusa.org and those third parties) obtain such information to populate NPH USA Site registration forms for use when you hyperlink to the NPH USA Site;
– Credit Card Information
If you elect to participate as a sponsor and choose to provide your donation via a credit card payment at the NPH USA Site, you will be asked for credit card information, including your name, account number and expiration date. Credit card information is stored and protected separate from your Personal and Sponsorship Information; and
– Email Information
When you send us email messages, we may retain the content of your email messages, together with your email address and our response to you.
C. General Use and Disclosure of Information
nphusa.org uses and discloses your information that it collects as follows:
• General Information
nphusa.org uses and discloses General Information to understand NPH USA Site demographics and content preferences, and shall do so without notice to, or permission from, you or any third party. In particular, NPH may provide aggregate information about our customers, sales, NPH USA Site traffic patterns and related information to our affiliates or third parties;
• Personal Information
As further provided in Section 3 (“Other Use and Disclosure of Personal Information”), NPH uses Personal Information for purposes of administering NPH charitable activities. This may include, but is not limited to, directed communications to donors, distribution of newsletters, invitations to special events, to prepare internal reports, to maintain donor/sponsorship files, and to assist with responses to your questions and concerns. nphusa.org may also use and disclose Personal Information to notify you about important changes to the NPH USA Site or our charitable services and activities; and
• Cookie Information
nphusa.org uses Cookie Information to improve the NPH USA Site and better serve you and those in need, and may do so without notice to, or permission from, you or any third party.
D. Other Use and Disclosure of Personal Information
nphusa.org respects your privacy and does not rent, sell or release Personal Information collected at the NPH USA Site. nphusa.org may share names and addresses of sponsors with Nuestros Pequeños Hermanos International for use solely in connection with acknowledgements, newsletters, and invitation mailings. We may also disclose any of your information when legally compelled to do so, or when we, in good faith, believe that the law requires it or for the protection of our legal rights. The following are some of the ways in which we may use or disclose your Personal Information to third parties:
• Registration Information
nphusa.org may transfer the Personal Information you provide to nphusa.org during the NPH USA Site registration process to affiliated third parties for those parties to use to populate their own website registration forms when you hyperlink from the NPH USA Site to their websites, to save you time in completing their registration forms. Such third party websites may include websites that are owned by third parties or that are “co-branded” sites of nphusa.org;
• Pre-Population Information
When you come to the NPH USA Site from a third party website, or when you hyperlink from the NPH USA Site to a third party website, and in either case provide Personal Information at that third party website, nphusa.org may obtain that Personal Information (pursuant to an agreement between nphusa.org and that third party), and use that Personal Information to populate the NPH USA Site registration forms in order to save you time in completing NPH USA Site registration forms; and
You understand and agree that “perfect” security does not exist anywhere, including the Internet. When you send credit card information to us at the Site, we use a technology called Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) to encrypt this information between your computer and our server. Other personal information you send to us at the NPH USA Site, however, including any email messages, will not be encrypted unless we advise you otherwise.
F. Merchant Services
You may be able to access certain information related to third parties at the NPH USA Site, or via links, banner ads, or “click-throughs” from the NPH USA Site, regarding the goods or services of third parties (collectively, “Merchant Services”). You understand and agree that your access to or use of Merchant Services is a matter entirely between you and the associated third parties, and Nphusa.org shall have no liability whatsoever for any such access or use. Additionally, organizations such as igive.org will not disclose a donors name or other Personal Information collected at the Merchants Site to Nphusa.org without your prior written permission.
nphusa.org urges you to use discretion when sharing Personal Information in community areas on the NPH USA Site such as message boards, mailing lists and directories. If you disclose Personal Information in such areas, you understand and agree that such Personal Information may be used and disclosed by others without restriction.
H. Terminating Your Sponsorship
To terminate your sponsorship, email email@example.com or call 1-866-690-1703. You may continue to receive email communications for a short period of time until we have updated all of our databases. After termination of your sponsorship, your Personal Information may remain on our archived database and records for a reasonable time.
nphusa.org gives you the opportunity to change and modify information previously provided to the NPH USA Site by contacting us.
J. Contact Us
134 North LaSalle Street
Chicago, IL 60602-1036
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify the Site immediately of any unauthorized use of your password(s). The administrators of the Site are concerned about the security of personal information collected from you and have taken reasonable steps to prevent unauthorized access to that information.
5. Member Conduct
The Site contains e-mail services, message boards, news, events, chat rooms, communities, personal profile Web pages, calendars, photo albums, file libraries, Instant Notes and/or other communication services. You agree to use these services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication service.
By way of example, and not as a limitation, you agree that when using the communication services, you will not:
a) Use the services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
e) Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allow such messages.
h) Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
i) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
j) Restrict or inhibit any other user from using and enjoying the services.
k) Harvest or otherwise collect information about others, including e-mail addresses.
l) Violate any applicable laws or regulations.
m) Create a false identity for the purpose of misleading others.
n) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof.
o) Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
p) Violate any code of conduct or other guidelines, which may be applicable for any particular service.
6. International Use
Recognizing the global nature of the Internet, 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.
7. Content Submitted to This Site
You agree that all member information and transactional data received or collected by the Site is the property of the Site. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to this site, you automatically grant the Site a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. Without limiting the foregoing, the Site shall have the right to remove any content that violates the terms of service or is otherwise determined as objectionable.
You agree to indemnify and hold the Site, its administrators,and their officers, directors, employees and agents harmless from any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the terms of service, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site.
10. Modifications to Service
The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that the Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
11. Termination of Use
You agree that the administrators of the Site may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. You agree that the Site shall not be liable to you or any third-party for any termination of your access to the service.
12. Third Party Web Sites, Content, Products and Services
The Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the site. You agree that the Site is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Site is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that the Site is not responsible or liable, directly or indirectly, for any loss or damage of any sort you may incur from dealing with any third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, The Site, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. This Site EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKE NO WARRANTY THAT:
(A) The Site WILL MEET YOUR REQUIREMENTS;
(B) The Site WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF the Site IS DONE AT YOUR OWN DISCRETION AND RISK. This site RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO the Site AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability
IN NO EVENT SHALL the site BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail or regular mail. The service may also provide notices of changes to the Terms and Conditions of service or other matters by displaying notices or links to notices to you generally on the service.
Please report any violations of these Terms and Conditions to firstname.lastname@example.org.