Last updated July 21, 2020
These “Terms of Use” (“Terms”) explain the contractual relationship between you and KIDS FOR KIDS FOUNDATION, INC. (“KFK,” “us,” our” or “we”), regarding your use of, and access to, our website located at https://www.kidsforkidsnyc.org (“Website”) and the features and functionality thereof (the “Service”). These Terms, which include our Privacy Policy, govern your access to and use of the Website, Service and KFK Content (as defined below), and constitute a binding legal agreement between you and KFK.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR BY DOWNLOADING OR PROVIDING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
1. Service
The Website and Service enable persons (“Users”) to access information about our company and its fundraising services.
2. License
- Grant. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and Service on a computer, tablet device or mobile phone that you own or lawfully control. With respect to Third-Party Content (as defined below), access and use of such content shall be governed by the third party’s terms and policies applicable to such Third-Party Content.
- Ownership. All materials contained on, in, or available through the Website and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“KFK Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the KFK Content, whether registered or not, are our sole property or the property of third parties. The KFK Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Service, any ownership rights in the KFK Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
- Limitations. You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
3. Eligibility
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms.
4. Jurisdiction
The Website and Service are controlled and operated by KFK, alone or jointly with our service providers, from the United States and are not intended to subject KFK or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. KFK does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
5. Access
There is no charge to access and browse the Website and/or Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.
6. KFK Donor Portal
If you choose, you may create an account using “Donate” buttons provided throughout the Website. Once registered, as a returning user, you can log-in to the Donor Portal with a user login name and password, or with accounts you create with third-party products and services, such as Facebook or Twitter, and the username and password credentials related to those accounts. Through the Donor Portal, you may update your personal and employment information or profile, view any one-time or recurring donations, view the history of your giving whether through donations or event registrations, and add new donations/event registrations.
7. Donations, Fundraising, Sponsorships, Volunteer Applications
We offer many different ways to get involved with the fulfillment of our mission on the Website:
- If you would like to donate online, you may do so via our Website by clicking on the “Donate” buttons.
- Memorial and tribute gifts may be given by selecting the “Ways to Give” link in the “Support” drop down menu on the Website, and using the “Learn More” button under the “Memorial & Tribute Gifts” tab in the “Ways to Give” webpage.
- Users interested in sponsoring events may do so using the “Get Involved” link in the “Support” drop down menu and selecting the “hosting events” link in the resulting webpage.
- Users interested in becoming fundraisers or donating to registered fundraisers may do so using the “Become a Fundraiser” button in the “Ways to Give” webpage.
- If you would like to submit a volunteer application, you may do so using our Website by clicking on the “Become a Volunteer” link therein.
Please note that in each of the above instances you will be directed to a webpage that includes functions provided using software managed and provided by Neon One, LLC (the “NeonCRM Software”). Neon One, LLC is a third-party service provider and the NeonCRM Software is governed by its own terms of use and privacy practices. We encourage you to review these carefully before proceeding to submit a payment.
8. Purchases; Returns Policy
If you would like to purchase items made available through our online store, you may do so via by clicking the “Visit Our Store” button. All purchases are final. No refunds. Exchanges are subject to our sole discretion and the availability of the product desired for exchange.
9. User Content
The Website, Service and some Third-Party Services (e.g. Facebook, Instagram, Twitter, etc.) enable you to submit and post images, photos, drawings, essays, notes, and other content, including to share your experiences as participants in our events and fundraisers, to submit applications for involvement (e.g in the Junior Committee) and to submit grant applications, among other opportunities (“User Content”). User Content may contain Personal Information as defined in the Privacy Policy. In addition, User Content may also be submitted by you to us by e-mail, over the phone, text message, or in person. You acknowledge and agree that you are solely responsible for any User Content that you transmit, send or display through the Website, Service, Third-Party Services or otherwise, and we are not responsible to you or any third party for any User Content that is transmitted or shared by you or any other user. By uploading, publishing, modifying or displaying User Content to us via the Website, Service, Third-Party Service or otherwise, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any non-commercial purpose in any media now known or hereafter developed, including without limitation use in providing and making the Services available to you and other users, use in KFK promotional and marketing materials, use on the Website and KFK social media pages and profiles, reports, fundraising and development materials, public presentations, events, and educational materials.
You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content that you make available through the Website, Service, Third-Party Service or otherwise or you have all rights, licenses, consents and releases that are necessary to grant to KFK the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or KFK’s use of the User Content (or any portion thereof) on, through or by means of the Website, Service, Third-Party Service or otherwise will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.
You understand and agree that we do not verify or vouch for any such User Content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable User’s right to use the Website and Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any User Content from the Website, Service, Third-Party Service or otherwise for any or no reason without prior notice to you and without liability.
10. Rules of Conduct
In connection with your use of the Website and/or Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
11. Suspension
We reserve the right to suspend or cease providing the Website and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.
12. Third Party Content
The Website and Service may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our Users (collectively, “Third Party Content”). KFK does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Website to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage users to read and consider the policies of these other websites and apps before using them.
13. Disclaimer of Warranties
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, SERVICE PROVIDERS, AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE AND SERVICE.
14. Limitation of Liability
IN NO EVENT WILL KFK OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL KFK’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.
15. Indemnification
By using the Website or Service, you agree to defend, indemnify and hold us, our affiliates, partners Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or Service or the creation, placement or transmission of any message, information, software or other materials through the Website or Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.
17. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
18. Copyright Infringement
We respect the intellectual property rights of others, and require that people who use the Website and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.
19. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
20. Amendment to Terms
KFK may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website and Service following such posting constitutes your consent to be bound by any amended Terms.
21. General
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to info@kidsforkidsnyc.org, or (ii) by writing to us at Attn: Terms of Use, KIDS FOR KIDS FOUNDATION, INC., 5322 Avenue N, Brooklyn, NY 11234.
If you have any questions regarding these Terms or the Website or Service, please contact us at info@kidsforkidsnyc.org.
