Terms And Conditions
General
This website (the "Site") is owned and operated by The
Comfort Crew For
Military Kids d/b/a "The Comfort Crew" ("COMPANY," "we"
or "us"). By
using the Site, you agree to be bound by these Terms of
Service and to
use the Site in accordance with these Terms of Service,
our Privacy
Policy and any additional terms and conditions that may
apply to
specific sections of the Site or to products and
services available
through the Site or from COMPANY. Accessing the Site, in
any manner,
whether automated or otherwise, constitutes use of the
Site and your
agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or
to impose new conditions on use of the Site, from time
to time, in
which case we will post the revised Terms of Service on
this website.
By continuing to use the Site after we post any such
changes, you
accept the Terms of Service, as modified.
Intellectual Property Rights
Our
Limited License to You. This Site and all the materials
available on
the Site are the property of us and/or our affiliates or
licensors, and
are protected by copyright, trademark, and other
intellectual property
laws. The Site is provided solely for your personal
noncommercial use.
You may not use the Site or the materials available on
the Site in a
manner that constitutes an infringement of our rights or
that has not
been authorized by us. More specifically, unless
explicitly authorized
in these Terms of Service or by the owner of the
materials, you may not
modify, copy, reproduce, republish, upload, post,
transmit, translate,
sell, create derivative works, exploit, or distribute in
any manner or
medium (including by email or other electronic means)
any material from
the Site. You may, however, from time to time, download
and/or print
one copy of individual pages of the Site for your
personal,
non-commercial use, provided that you keep intact all
copyright and
other proprietary notices.
Your License to Us
By posting or
submitting any material (including, without limitation,
comments, blog
entries, photos and videos) to us via the Site, you are
representing:
(i) that you are the owner of the material, or are
making your posting
or submission with the express consent of the owner of
the material;
and (ii) that you are thirteen years of age or older. In
addition, when
you submit or post any material, you are granting us,
and anyone
authorized by us, a royalty-free, perpetual,
irrevocable,
non-exclusive, unrestricted, worldwide license to use,
copy, modify,
transmit, sell, exploit, create derivative works from,
distribute,
and/or publicly perform or display such material, in
whole or in part,
in any manner or medium, now known or hereafter
developed, for any
purpose. The foregoing grant shall include the right to
exploit any
proprietary rights in such posting or submission,
including, but not
limited to, rights under copyright, trademark, service
mark or patent
laws under any relevant jurisdiction. Also, in
connection with the
exercise of such rights, you grant us, and anyone
authorized by us, the
right to identify you as the author of any of your
postings or
submissions by name, email address or screen name, as we
deem
appropriate.
You acknowledge and agree that any contributions
originally created by you for us shall be deemed a "work
made for hire"
when the work performed is within the scope of the
definition of a work
made for hire in Section 101 of the United States
Copyright Law, as
amended. As such, the copyrights in those works shall
belong to COMPANY
from their creation. Thus, COMPANY shall be deemed the
author and
exclusive owner thereof and shall have the right to
exploit any or all
of the results and proceeds in any and all media, now
known or
hereafter devised, throughout the universe, in
perpetuity, in all
languages, as COMPANY determines. In the event that any
of the results
and proceeds of your submissions hereunder are not
deemed a "work made
for hire" under Section 101 of the Copyright Act, as
amended, you
hereby, without additional compensation, irrevocably
assign, convey and
transfer to COMPANY all proprietary rights, including
without
limitation, all copyrights and trademarks throughout the
universe, in
perpetuity in every medium, whether now known or
hereafter devised, to
such material and any and all right, title and interest
in and to all
such proprietary rights in every medium, whether now
known or hereafter
devised, throughout the universe, in perpetuity. Any
posted material
which are reproductions of prior works by you shall be
co-owned by us.
You acknowledge that COMPANY has the right but not the
obligation to use and display any postings or
contributions of any kind
and that COMPANY may elect to cease the use and display
of any such
materials (or any portion thereof), at any time for any
reason
whatsoever.
Limitations on Linking and Framing. You may establish a
hypertext link to the Site so long as the link does not
state or imply
any sponsorship of your site by us or by the Site.
However, you may
not, without our prior written permission, frame or
inline link any of
the content of the Site, or incorporate into another
website or other
service any of our material, content or intellectual
property.
Disclaimers
Throughout the Site, we
may provide links and pointers to Internet sites
maintained by third
parties. Our linking to such third-party sites does not
imply an
endorsement or sponsorship of such sites, or the
information, products
or services offered on or through the sites. In
addition, neither we
nor affiliates operate or control in any respect any
information,
products or services that third parties may provide on
or through the
Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements,
services,
offers, or other information or content expressed or
made available by
third parties, including information providers, are
those of the
respective authors or distributors, and not COMPANY.
Neither COMPANY
nor any third-party provider of information guarantees
the accuracy,
completeness, or usefulness of any content. Furthermore,
COMPANY
neither endorses nor is responsible for the accuracy and
reliability of
any opinion, advice, or statement made on any of the
Sites by anyone
other than an authorized COMPANY representative while
acting in his/her
official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR
THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY
SITES ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT
ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT
MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SITE OR
MATERIALS ON THIS SITE
OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE. You agree at all
times to defend,
indemnify and hold harmless COMPANY its affiliates,
their successors,
transferees, assignees and licensees and their
respective parent and
subsidiary companies, agents, associates, officers,
directors,
shareholders and employees of each from and against any
and all claims,
causes of action, damages, liabilities, costs and
expenses, including
legal fees and expenses, arising out of or related to
your breach of
any obligation, warranty, representation or covenant set
forth herein.
Online Commerce
Certain sections of
the Site may allow you to purchase many different types
of products and
services online that are provided by third parties. We
are not
responsible for the quality, accuracy, timeliness,
reliability or any
other aspect of these products and services. If you make
a purchase
from a merchant on the Site or on a site linked to by
the Site, the
information obtained during your visit to that
merchant's online store
or site, and the information that you give as part of
the transaction,
such as your credit card number and contact information,
may be
collected by both the merchant and us. A merchant may
have privacy and
data collection practices that are different from ours.
We have no
responsibility or liability for these independent
policies. In
addition, when you purchase products or services on or
through the
Site, you may be subject to additional terms and
conditions that
specifically apply to your purchase or use of such
products or
services. For more information regarding a merchant, its
online store,
its privacy policies, and/or any additional terms and
conditions that
may apply, visit that merchant's website and click on
its information
links or contact the merchant directly. You release us
and our
affiliates from any damages that you incur, and agree
not to assert any
claims against us or them, arising from your purchase or
use of any
products or services made available by third parties
through the Site.
Your participation, correspondence or business dealings
with any third
party found on or through our Site, regarding payment
and delivery of
specific goods and services, and any other terms,
conditions,
representations or warranties associated with such
dealings, are solely
between you and such third party. You agree that COMPANY
shall not be
responsible or liable for any loss, damage, or other
matters of any
sort incurred as the result of such dealings.
You agree to be financially responsible for all
purchases
made by you or someone acting on your behalf through the
Site. You
agree to use the Site and to purchase services or
products through the
Site for legitimate, non-commercial purposes only. You
also agree not
to make any purchases for speculative, false or
fraudulent purposes or
for the purpose of anticipating demand for a particular
product or
service. You agree to only purchase goods or services
for yourself or
for another person for whom you are legally permitted to
do so. When
making a purchase for a third party that requires you to
submit the
third party's personal information to us or a merchant,
you represent
that you have obtained the express consent of such third
party to
provide such third party's personal information.
Interactive Features
This Site may
include a variety of features, such as bulletin boards,
web logs, chat
rooms, and email services, which allow feedback to us
and real-time
interaction between users, and other features which
allow users to
communicate with others. Responsibility for what is
posted on bulletin
boards, web logs, chat rooms, and other public posting
areas on the
Site, or sent via any email services on the Site, lies
with each user –
you alone are responsible for the material you post or
send. We do not
control the messages, information or files that you or
others may
provide through the Site. It is a condition of your use
of the Site
that you do not:
Restrict or inhibit any other user from using and
enjoying the Site. Use the Site to impersonate any
person or entity, or
falsely state or otherwise misrepresent your affiliation
with a person
or entity. Interfere with or disrupt any servers or
networks used to
provide the Site or its features, or disobey any
requirements,
procedures, policies or regulations of the networks we
use to provide
the Site. Use the Site to instigate or encourage others
to commit
illegal activities or cause injury or property damage to
any person.
Gain unauthorized access to the Site, or any account,
computer system,
or network connected to this Site, by means such as
hacking, password
mining or other illicit means. Obtain or attempt to
obtain any
materials or information through any means not
intentionally made
available through this Site. Use the Site to post or
transmit any
unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar,
pornographic, profane or indecent information of any
kind, including
without limitation any transmissions constituting or
encouraging
conduct that would constitute a criminal offense, give
rise to civil
liability or otherwise violate any local, state,
national or
international law. Use the Site to post or transmit any
information,
software or other material that violates or infringes
upon the rights
of others, including material that is an invasion of
privacy or
publicity rights or that is protected by copyright,
trademark or other
proprietary right, or derivative works with respect
thereto, without
first obtaining permission from the owner or rights
holder. Use the
Site to post or transmit any information, software or
other material
that contains a virus or other harmful component. Use
the Site to post,
transmit or in any way exploit any information, software
or other
material for commercial purposes, or that contains
advertising. Use the
Site to advertise or solicit to anyone to buy or sell
products or
services, or to make donations of any kind, without our
express written
approval. Gather for marketing purposes any email
addresses or other
personal information that has been posted by other users
of the Site.
COMPANY may host message boards, chats and other public
forums on its
Sites. Any user failing to comply with the terms and
conditions of this
Agreement may be expelled from and refused continued
access to, the
message boards, chats or other public forums in the
future. COMPANY or
its designated agents may remove or alter any
user-created content at
any time for any reason. Message boards, chats and other
public forums
are intended to serve as discussion centers for users
and subscribers.
Information and content posted within these public
forums may be
provided by COMPANY staff, COMPANY's outside
contributors, or by users
not connected with COMPANY, some of whom may employ
anonymous user
names. COMPANY expressly disclaims all responsibility
and endorsement
and makes no representation as to the validity of any
opinion, advice,
information or statement made or displayed in these
forums by third
parties, nor are we responsible for any errors or
omissions in such
postings, or for hyperlinks embedded in any messages.
Under no
circumstances will we, our affiliates, suppliers or
agents be liable
for any loss or damage caused by your reliance on
information obtained
through these forums. The opinions expressed in these
forums are solely
the opinions of the participants, and do not reflect the
opinions of
COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of
the
content or postings on the message boards, chat rooms or
other public
forums on the Sites. However, you acknowledge and agree
that we have
the absolute right to monitor the same at our sole
discretion. In
addition, we reserve the right to alter, edit, refuse to
post or remove
any postings or content, in whole or in part, for any
reason and to
disclose such materials and the circumstances
surrounding their
transmission to any third party in order to satisfy any
applicable law,
regulation, legal process or governmental request and to
protect
ourselves, our clients, sponsors, users and visitors.
Registration
To access certain
features of the Site, we may ask you to provide certain
demographic
information including your gender, year of birth, zip
code and country.
In addition, if you elect to sign-up for a particular
feature of the
Site, such as chat rooms, web logs, or bulletin boards,
you may also be
asked to register with us on the form provided and such
registration
may require you to provide personally identifiable
information such as
your name and email address. You agree to provide true,
accurate,
current and complete information about yourself as
prompted by the
Site's registration form. If we have reasonable grounds
to suspect that
such information is untrue, inaccurate, or incomplete,
we have the
right to suspend or terminate your account and refuse
any and all
current or future use of the Site (or any portion
thereof). Our use of
any personally identifiable information you provide to
us as part of
the registration process is governed by the terms of our
Privacy
Policy.
Passwords
To use certain features of
the Site, you will need a username and password, which
you will receive
through the Site's registration process. You are
responsible for
maintaining the confidentiality of the password and
account, and are
responsible for all activities (whether by you or by
others) that occur
under your password or account. You agree to notify us
immediately of
any unauthorized use of your password or account or any
other breach of
security, and to ensure that you exit from your account
at the end of
each session. We cannot and will not be liable for any
loss or damage
arising from your failure to protect your password or
account
information.
Limitation of Liability
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR
SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE
FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING
ITS MATERIALS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES
MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF
THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO
NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF
DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR
LIABILITY AND THE
LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE
LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT
LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR
SERVICES ON THE
SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS,
YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND
THE PRODUCTS,
SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY
UNDER DEVELOPMENT
AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO
ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY
PURPOSE.
PARTICIPANT acknowledges and agrees that no
representation
has been made by COMPANY OR ITS AFFILATES and relied
upon as to the
future income, expenses, sales volume or potential
profitability that
may be derived from the participation in THIS PROGRAM.
Termination
We may cancel or
terminate your right to use the Site or any part of the
Site at any
time without notice. In the event of cancellation or
termination, you
are no longer authorized to access the part of the Site
affected by
such cancellation or termination. The restrictions
imposed on you with
respect to material downloaded from the Site, and the
disclaimers and
limitations of liabilities set forth in these Terms of
Service, shall
survive.
Refund Policy
Your purchase of a
product or service or ticket to an event may or may not
provide for any
refund. Each specific product, service, event or course
will specify
its own refund policy.
Other
The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for
copyright
owners who believe that material appearing on the
Internet infringes
their rights under the U.S. copyright law. If you
believe in good faith
that materials hosted by COMPANY infringe your
copyright, you, or your
agent may send to COMPANY a notice requesting that the
material be
removed or access to it be blocked. Any notification by
a copyright
owner or a person authorized to act on its behalf that
fails to comply
with requirements of the DMCA shall not be considered
sufficient notice
and shall not be deemed to confer upon COMPANY actual
knowledge of
facts or circumstances from which infringing material or
acts are
evident. If you believe in good faith that a notice of
copyright
infringement has been wrongly filed against you, the
DMCA permits you
to send to COMPANY a counter-notice. All notices and
counter notices
must meet the then current statutory requirements
imposed by the DMCA;
see http://www.loc.gov/copyright for details. COMPANY's
Copyright Agent
for notice of claims of copyright infringement or
counter notices can
be reached as follows: Info@ComfortCrew.org
This Agreement shall be binding upon and inure to the
benefit of COMPANY and our respective assigns,
successors, heirs, and
legal representatives. Neither this Agreement nor any
rights hereunder
may be assigned without the prior written consent of
COMPANY.
Notwithstanding the foregoing, all rights and
obligations under this
Agreement may be freely assigned by COMPANY to any
affiliated entity or
any of its wholly owned subsidiaries.
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of California and
any dispute
shall be subject to binding arbitration in Valley
Village, CA. If any
provision of this agreement shall be unlawful, void or
for any reason
unenforceable, then that provision shall be deemed
severable from this
agreement and shall not affect the validity and
enforceability of any
remaining provisions. |
|
