This Terms of Service Agreement (the "Agreement") is between you ("you") and Bekindfoundation (together with our affiliates, service providers, and partners, "Bekindfoundation," "we," and/or "us") and governs your use of the bkindfoundation.org web site and successor web site(s) (the "Site"), including the materials and information posted on it, and the functionality that permits you to make donations, solicit donations, create registries, establish fundraisers, solicit donations for a project, or to use any other functionality offered through the website.
By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with Bekindfoundation governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.
You acknowledge and agree that Bekindfoundation retains control over the donated funds. In the event that (i) a project is retired or fully funded or (ii) Bekindfoundation receives a check payable to Bekindfoundation without reference to a specific project or campaign, the donated funds will be allocated to Bekindfoundation General Fund.
You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from Bekindfoundation shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Amendment. Bekindfoundation reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
Modification, Suspension, and/or Cancellation. reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that Bekindfoundation shall not be liable to you or to any third party for any such actions.
User Credentials. When you create an account or profile, submit an expression of interest, list a project, create a fundraiser or registry, or make a donation, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your "User ID").
You acknowledge and agree that:
You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
You represent that you have all rights in the information necessary to provide it to Bekindfoundation;
User ID is for your personal use only and may not be transferred to any third party;
You are exclusively responsible for the security and confidentiality of your User ID and for all use of the Site that occurs in connection with your User ID, with or without your knowledge;
You are required to completely log out of the Site at the end of each session and to notify Bekindfoundation prompts if you learn of any unauthorized use of your User ID;
If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;Bekindfoundation will not be liable for any loss or damage arising from your failure to comply with this section; and
Any information submitted under your User ID is subject to the "Personal Information" terms as specified in Section 4.
Profile and Forum Content. Bekindfoundation may permit you and other users to post information on the Site, including on personal "profile pages," (each, a "Profile") and on designated areas of the Site including, for example, bulletin boards, message boards, chat rooms, forums, or in the course of participating in the collaborative creation of Site and/or Services content (each, a "Forum"). Bekindfoundation does not control or endorse, and is not responsible for user content of any kind posted by Site users (including Bekindfoundation employees who maintain Profiles or participate in Forums). In addition, Bekindfoundation cannot control use or misuse by others of information you post in your Profile or in a Forum. Section 10 describes the provisions of this Agreement regarding Bekindfoundation monitoring of content.
Accordingly, you acknowledge and agree that under no circumstances will Bekindfoundation be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any Site user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the Site.
Rules of Conduct. Your use of the Site is expressly conditioned on your responsible and lawful participation in the Site community. Accordingly, and without limiting the foregoing:
You acknowledge and agree that:
Your use of the Site is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States export controls, embargoes or other federal rules and regulations restricting exports.
Any information you provide in connection with your use of the Site must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.
You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by Bekindfoundation in its sole discretion;
Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm Bekindfoundation or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others;
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;
Any "lobbying" or "electioneering" materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
You agree that you will not use the Site to:
Engage in fraudulent or unlawful activities of any kind;
Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that Bekindfoundation or any Site user endorses any statement you make;
Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;
Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;
Restrict or inhibit any other person from using the Site.
You agree that you will not, without our express written consent:
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with Bekindfoundation, any element of the Site, including any information or materials made available on or through the Site;
Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;
Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;
Frame or mirror any element of the Site;
Systematically download Site content to create a separate database;
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," "harvest" or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation;
Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site;
Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.
Grant of License to . You will retain ownership rights in content you post in your Profile and in other places on the Site (each, a "Submission"). Except as provided herein, Bekindfoundation will not re-publish your Submissions outside the Site without your written consent. By posting a Submission, however, you grant Bekindfoundation a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such Submissions to operate the Site and to make it available to users as contemplated hereunder.
For each Submission, you represent and warrant that:
You have all rights necessary to post such Submissions, to grant the licenses granted hereunder, and to permit Bekindfoundation grant the necessary licenses to other Site users in accordance with your privacy preferences; and
Your posting of any Submission and your grant of rights in connection with any such Submission, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.
License. Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), Bekindfoundation hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. Bekindfoundation and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).
Monitoring. You acknowledge and agree that Bekindfoundation may, in its sole discretion, but has no obligation to: (i) monitor any user-posted information or content (including Submissions); (ii) post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or (iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in Bekindfoundation' sole discretion: to operate the Site; protect the rights and properties of Bekindfoundation and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose. Without limiting the foregoing, you acknowledge and agree that Bekindfoundation is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, Bekindfoundation may Investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site. However, Bekindfoundation cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, Bekindfoundation shall not assume any liability for user content or third party conduct, communication or information on the Site.
Links and Online Listings. From time to time Bekindfoundation may post and/or may permit you, other Site users or third parties to post on the Site (a) links to third party sites ("Links") or (b) listings regarding the availability of relevant products or services ("Listings"). Such Links and Listings are provided subject to Section 14 below, and WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that Bekindfoundation does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by Bekindfoundation. Bekindfoundation may remove any Links or Listings at any time for any reason or for no reason.