1. Registration and User Submissions
Some features of the Site require registration or allow users to submit their own messages, photos, and other user-generated content (“User Submissions”). You agree to provide accurate and complete information about yourself as requested or directed on the Site and to promptly update this information to maintain its accuracy. You at all times remain fully responsible for your User Submissions, for maintaining the confidentiality of your username and password, and for all activities that occur under your password or account. You agree to immediately notify FINCA if you become aware of any unauthorized use of your password or username or any other breach of security. FINCA has the right, but not the obligation, to monitor, review, remove, reject, or revise at any time, without prior notice and in its sole discretion, User Submissions that violate the Terms, are otherwise objectionable, or for any other reason.
By submitting User Submissions to the Site, you grant us, our affiliates, and our partners, a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivate works of, distribute, publicly display, transfer, transmit, distribute, and publish the User Submissions in any form, medium, or technology now known or later developed. You agree you will not attempt to enforce any so-called “moral rights” in your User Submissions against us, our affiliates, or our partners.
2. User Conduct
- The Site is not intended for users under 13 years old. You may not provide or publicly post personal information on the Site if you are under 13. By using the Site, you agree not to:
- Violate any applicable laws, including without limitation by infringing the copyrights, trademarks, or other proprietary rights of FINCA or any third party;
- Harass, threaten, defame, abuse, or embarrass FINCA or any third party;
- Impersonate FINCA or any third party;
- Attempt to get a password, other account information, or other private information from others, or harvest e-mail addresses or other information;
- Post any commercial content, including advertising and promotional materials, unless explicitly authorized by FINCA;
- Engage in any conduct that inhibits or prevents FINCA or any other person from using or enjoying the Site, including without limitation taking any action that attempts to probe, scan, or test the vulnerability of FINCA’s systems or network, to breach FINCA’s security or authentication measures, or to impose an unreasonable or unauthorized load or burden on the Site’s infrastructure; and
- Engage in any other conduct that FINCA determines, in its sole discretion, is offensive, vulgar, sexually explicit, obscene, offensive, or otherwise objectionable.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, and designs of FINCA products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to FINCA or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Unless expressly permitted herein, the use or misuse of these trademarks is prohibited, and nothing stated or implied on the Site confers on you any license or right to any trademark of FINCA, its affiliates, or any third party. Consistent with this Agreement and any other terms and conditions provided on the Site, you may use the link provided by FINCA containing FINCA’s trademarks (the “Link”) for the sole purpose of linking to FINCA.org or to a team donation page from other websites, provided that your use of such Link may not create an impression that FINCA endorses, approves, sponsors or is affiliated with your products, goods, services, or your website and may not be linked from any website that includes content or advertising for alcoholic beverages, tobacco, pornography, partisan material, political material, firearms, or any other content or advertising that may dilute or otherwise damage FINCA’s goodwill or reputation.
The Site (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such materials) is protected under the copyright laws of the United States and other countries. All copyrights in the Site are owned by FINCA or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Site, or unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site.
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material that is requested to be removed;
- Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on the Site is:
P. Daniel Smith
1201 15th Street NW, 8th Floor
Washington, DC 20005
Email: [email protected]
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the privileges of users who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
6. Third-Party Content and Links to Third-Party Websites
The Site may contain third-party content and links to other websites (“Linked Sites”). FINCA does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. FINCA also does not control the Linked Sites and is not responsible for the content or privacy practices of the Linked Sites.
7. Disclaimer of Warranties; Limitation of Liability
THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” FINCA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, RELIABILITY, OR PERFORMANCE.
IN NO EVENT WILL FINCA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Because some jurisdictions do not allow the exclusion or limitation of certain damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your access to or use of the Site or arising from your breach of this Agreement.
We may terminate this agreement for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.
We may make changes to these Terms or modify any features of the Site at any time, in our sole discretion. The most current version of the Terms can be viewed by clicking on the “Legal Disclaimer” link on the home page of the Site. By continuing to access and use the Site, you indicate that you accept any changes to the Terms.
11. Contact Us
1201 15th Street NW, 8th Floor
Washington, DC 20005
Attention: General Counsel