Terms of Use

 

Terms of Use

Welcome to www.friendshipbridge.org (the “Site”), a website provided to you by Friendship Bridge (“FB”). These Terms of Use (“Terms”) govern your use of the Site. Please read these Terms carefully before using the Site. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understand and agree to be bound by these Terms, that you agree to comply with all applicable laws and regulations governing the Site, and that you are at least sixteen (16) years old or that you have the permission of your parent or guardian. This is a legally binding agreement. If you do not agree with the Terms, you should not use the Site.

Registration

To use certain services available on the Site, you may need to register with the Site and provide certain personal information, You may also need to establish a password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. It is your responsibility to notify FB by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Site. FB is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. The information FB obtains from you will be used only in accordance with FB’s Privacy Policy, which can be found at www.friendshipbridge.org.

Proprietary Rights

You acknowledge and agree that, unless explicitly stated otherwise, all materials, information, and content, including text, pictures, graphics, software, products, materials, services and other files available on the Site, and the selection and arrangement thereof, (collectively “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and that all right, title and interest in and to all such Content are owned by or licensed to FB. You may display, print or download one copy – except for material explicitly marked ‘Please feel free to reproduce and distribute’ – of Content from the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not “mirror” any Content contained on the Site on any other server without prior written permission from FB and may not engage in “framing” any Content contained on any one or more of the Sites on or through another website without prior written permission from FB. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Content, use of the Site, and/or access to the Site. Use of the Content for any purpose not expressly permitted in these Terms without first obtaining the express written permission of FB is prohibited.

Use of the Site

You are responsible for all Content that you upload, submit, post, email or otherwise transmit using the Site or services. Likewise, you are responsible for respecting FB’s and third parties’ rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of FB’s and third parties’ rights. You agree not to use the Site or services to:

  • Submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity.

  • Submit, upload, post, email, or otherwise transmit any Content that is illegal, harmful,
    threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, racially, ethnically, or otherwise offensive.

  • Impersonate another person or entity, including without limitation, a representative of FB or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or Services.

  • Submit, upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.

  • Use the Site or services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.

  • Collect or store personal data with respect to third parties except as contemplated by the Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.

  • Directly or indirectly, intentionally disrupt or interfere with the Site or services in any
    manner that may materially adversely affect FB, you or any third party.

  • Submit, upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

  • Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

  • Use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers.

Grant of License

In the event you post or submit Content to the Site, you grant FB, its partners and related organizations, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, perform, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display and promote the Content, or any part thereof, with the right to sublicense same, in any and all formats now known or hereinafter used, and waive any moral rights therein. FB shall be free to use such Content, including ideas, concepts, know-how or techniques contained in such content for any reason whatsoever and without any payment or royalty obligations to you of any kind. You warrant and represent that you own or otherwise control all of the rights in and to the Content, or are otherwise authorized to reproduce and distribute the Content and grant FB the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your Content by FB will not infringe or violate the rights of any third party.

Links to Other Websites

The Site may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by FB with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and FB is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any linked site is subject to the Terms of Use and Privacy Policy applicable to that site.

Procedure for Making Claims of Copyright Infringement

FB and its affiliated companies respect the intellectual property of others, and we ask our content partners and users posting to these Sites to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify FB by providing our copyright agent (identified below) with the following information:

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.

2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity, including identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the websites where it is posted or the name of the book in which it has been published.

3. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located; such identification must include enough information to allow us to locate the material.

4. Your name, address, telephone number, and e-mail address.

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

6. A statement by you, made under penalty of perjury, that the information contained in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows.

Friendship Bridge

Marketing and Communications Manager

405 Urban Street, Suite 140

Lakewood, CO 80228

jmalmberg@friendshipbridge.org

(303) 674-0717

This contact information is only for reporting claims of copyright or other intellectual property

infringement.

Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT AND SOFTWARE WITHIN THE SITE ARE

PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, AND WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, DATA

ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. FB, ITS

PARTNERS AND AFFILIATED ORGANIZATIONS, AND ITS LICENSORS DO NOT

WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF

THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS

OF THE USE OF THE CONTENT OR THE SITE OR ANY OTHER WEBSITES LINKED TO

THE SITE, INCLUDING BUT NOT LIMITED TO THAT THE CONTENT IS ACCURATE,

RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR

REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME

OR LOCATION; OR THAT THE CONTENT, SITE AND SOFTWARE THEREIN ARE FREE

OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THIS SITE

MAY BE OUT OF DATE, AND FB MAKES NO COMMITMENT TO UPDATE THE

MATERIALS OR CONTENT ON THE SITE. FB DOES NOT AND CANNOT GUARANTEE

OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE,

IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR

OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

FB DOES NOT WARRANT THAT THE SITE, SOFTWARE, OR CONTENT WILL BE

UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THESE SITES,

SOFTWARE, AND CONTENT WILL BE CORRECTED. YOUR USE OF THE SITE IS

SOLELY AT YOUR RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR

WRITTEN, OBTAINED BY YOU FROM FB SHALL CREATE ANY WARRANTY NOT

EXPRESSLY STATED IN THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT

PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY

NOT APPLY TO YOU, EXCEPT THAT FB’S LIABILITY IN SUCH JURISDICTIONS

SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FB, ITS PARTNERS AND

AFFILIATED ORGANIZATIONS, AND ITS LICENSORS SHALL NOT BE LIABLE FOR

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR

EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS

OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER

INTANGIBLE LOSSES (EVEN IF FB HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE,

OR RESULTING FROM THE USE OF THE SITE, ANY WEBSITES LINKED TO OR FROM

THE SITE, THE CONTENT, SOFTWARE OR OTHER INFORMATION CONTAINED IN

OR ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE,

REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY

OTHER LEGAL THEORY. IF YOUR USE OF THE SITE, CONTENT, SOFTWARE OR

OTHER WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR

CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 5

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL

OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION

MAY NOT APPLY TO YOU, EXCEPT THAT FB’S LIABILITY IN SUCH JURISDICTIONS

SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless FB, its successors and assigns, related or

affiliated organizations and licensors; and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Site or violation of these Terms. FB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with FB in asserting any available defenses.

Notice of Changes

FB may update or change these Terms from time to time. If such a change is made, FB will post the revised Terms on the Site. FB reserves the right to add to, change or terminate the services offered on the Site at any time. You understand and agree that FB may from time to time establish and revise practices and limitations concerning your use of the Site and services offered on the Site.

International Use

FB makes no representation that Content or materials available on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with all applicable local laws.

Termination

FB reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees, if any, owed by you in connection with the Site or services offered through the Site.

Use and Disclosure of Information

You acknowledge, consent and agree that FB may access, preserve and disclose your account information and any Content submitted or posted to the Sites if required to do so by law, by subpoena or court order or in a good faith belief thatsuch access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any such Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FB, its users and the public.

Choice of Law, Jurisdiction and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Sites shall be the state or federal courts located in Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, these Terms and the FB Privacy Policy [insert link] constitute the entire agreement between you and FB with respect to your access and use of the Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and FB with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

FB’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FB in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no thirdparty beneficiaries to this agreement.

Contact Information

If you have any questions about these Terms or desire to provide us with notice under these

Terms (apart from notice of any copyright or intellectual property violation), you may contact

FB in the following ways:

Email: jmalmberg@friendshipbridge.org

Telephone: (303) 674-0717

Mail: Friendship Bridge

Marketing and Communications Manager

405 Urban Street, Suite 140

Lakewood, CO 80228

These Terms were last updated on June 27, 2011.

© Friendship Bridge 2011. All Rights Reserved.