The ALLYnces™ website
is a complimentary information service provided by ALLYnces and Jay
Nolan Community Services, Inc. (“Jay Nolan”), as a convenience to users.
These TERMS OF SERVICE (the “Agreement”) set forth the terms and
conditions that apply to your use of this website, its related websites,
web pages, blogs, domains and subdomains, and the services and
materials offered thereon (together, the “Site”) This Agreement also
applies to your submission of any content for publication on the
ALLYnces Site. For purposes of this Agreement, “ALLYnces” means and
includes ALLYnces, Jay Nolan, and its and their officers, directors,
employees, agents, contractors and affiliates.
USE
OF THIS SITE, AND/OR YOUR SUBMISSION OF CONTENT IN ANY FORM OR MEDIUM
FOR PUBLICATION ON THIS SITE, CONSTITUTES YOUR ACCEPTANCE OF, AND
AGREEMENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS, POLICIES AND
DISCLAIMERS OF THIS AGREEMENT. ALLYnces reserves the right to change the
terms of this Agreement at any time and from time to time.
1. Disclaimers on Advice and Links
ALLYnces
provides this website for informational purposes only; it is not
intended to provide medical or legal advice or services. Specific legal
and/or medical questions should be referred to an attorney or medical
professional.
This
site also provides access to other sites on the internet. Our links are
for informational purposes only, and do not imply endorsement or
approval of the opinions, products or information offered at those
sites.
Similarly,
our site may host comments, blog posts, and editorial content by
visitors, users and invited guests. ALLYnces does not necessarily
endorse, support, sanction, encourage, verify or agree with the
comments, opinions or other statements made public at the Site by such
visitors, users and guests. Any information or material sent by such
visitors, users and guests, including advice and opinions, represents only the views, and is the sole responsibility of, those visitors, users and guests.
2. Not For Children
Our
Site is intended for a general audience, and we do not knowingly
collect or solicit personal information from anyone under the age of 13,
or knowingly allow such persons to provide us with their personal
information. If you are under 13, do not send any information about
yourself to us, including your name, address, telephone number, or
e-mail address. In the event we learn that we collected personal
information from anyone under the age of 13, we will delete that
information as quickly as possible. If you believe that we might have
collected personal information from anyone under the age of 13, please
contact us at editor@allynces.org.
3. Privacy Policy
Collection of Personal Information
You
may provide, or be asked to provide, your Personal Information when
sending us an e-mail, providing blog posts, articles, comments or other
content to us for publication, making donations, registering on certain
pages of the site, requesting communications from ALLYnces,
participating in the social networking aspects of the site, and/or in
other ways as will be described in this Privacy Policy. Depending on the
type of communication or transaction, the personal information we
collect may include, but is not limited to, your name, postal address,
ZIP code, telephone number, organization name, e-mail address, credit
card, bank information or billing information. Any such information
provided by you, together with any technical information (as described
below), is referred to herein as “Personal Information”.
In
addition, we may also collect technical information such as, the type
of browser you are using (e.g., Netscape, Internet Explorer), the type
of operating system you are using (e.g., Windows 8 or Mac OS), CPU type
(e.g. Pentium), your manner of connecting to the Internet (e.g.,
connection speed, narrow or broad band access); internet protocol (“IP”)
addresses; website usage information; other information about your
geographic location; and the domain name of your internet service
provider.
Use of Personal Information
Your
Personal Information may be used by us to send further information
about our organization to you -- for example, letting you know of
problems with our Site, letting you know about our on-going work or
about new services offered by ALLYnces, or presenting you with the
opportunity to make donations or participate in fund-raising events.
However, except in the limited situations described below
(“Exceptions”), we will not intentionally share your name, e-mail
addresses or other Personal Information with any outside parties. Also,
you may always opt-out of receiving future mailings (see the "Opt Out"
section below).
Exceptions
ALLYnces reserves the right to share your Personal Information in certain situations:
1. Credit Card Transactions, Electronic Fund Transfers, Payments by Check or Money Order and On-line Transactions.
ALLYnces and Jay Nolan use third parties to provide credit card, bank,
payment and information processing services. If you choose to make a
donation online, by phone, through the mail or by other means we will
share your Personal Information with our processing service providers.
While we believe these other companies will treat your Personal
Information responsibly, we do not own or control them and cannot
guarantee your privacy.
2. Necessity.
We will disclose, without notice to you, Personal Information as we
deem appropriate: (i) if we have reason to believe that there has been
some inappropriate interference with or use of our website,
communications, or charitable services; (ii) if we have reason to
believe that one of the ALLYnces web site users, donors, employees or
other related parties may have been injured or may have harmed some
other party; (iii) if we have a good faith belief that there is an
emergency that poses a threat to the safety of you or another person;
(iv) when necessary either to protect the rights or property of ALLYnces
or any of its affiliates or third party providers; or (v) if compelled
by a legal or regulatory authority (for example, a court order, search
warrant or subpoena).
3. Cookies.
A "cookie" is a small piece of data that is sent to your browser from
ALLYnces’ web server and is stored on your computer's hard drive.
Cookies are used to collect non-identifying information about the user,
such as web surfing behavior or user preferences for a specific web
site. Cookies are used to allow you to quickly navigate and use the
Site; cookies are used to serve targeted ads on the Site; and you may
receive cookies and web beacons from third-party advertisers on the
Site. We use two different types of cookies – session-based and
persistent cookies. Session-based cookies expire at the end of a browser
session (once you close your browser the cookie simply terminates).
Persistent cookies remain on your computer until you remove them.
Persistent cookies are used to provide internal web site analytics. You
can manually delete all cookies, including persistent ones, within your
browser privacy settings menu. For more information on how third parties
collect and use this information, go to Google's Advertising Policies Page
4. Agents and Contractors.
ALLYnces may use agents and contractors in order to help operate our
website. If such agents and contractors have access to Personal
Information, they are required to protect this information in a manner
that is consistent with this Privacy Policy by, for example, not using
the information for any purpose other than to carry out the services
they are performing for ALLYnces.
Website Links
ALLYnces’
privacy practices may not be applicable at any third-party sites,
including any advertising sites or other third-party sites we provide
“links” to from our Site. Anytime you leave our website, we have no
control regarding what information may be collected about you, nor do we
control what third-parties might do with the information. It is
important that you review any privacy policies on third-party sites
carefully, BEFORE you use any services or programs offered.
Opt-Out or Change Your Contact Information
You may stop receiving e-mails from us at any time, or change your contact information, by sending an e-mail to editor@allynces.org.
Questions About Our Policies
If
you have any questions about this privacy statement, the practices of
this Site, or your dealings with our Site, you can contact us at editor@allynces.org.
5. Discontinuing, Suspending or Terminating Use
We
reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, our Site or any portion thereof
with or without notice. You agree ALLYnces will not be liable to you or
anyone else for any such modification or discontinuance of our Site. In
addition, we reserve the right to terminate your access to our Site for
any reason, and to take other actions that ALLYnces in its sole
discretion believes to be in the best interest of our Site and/or our
users.
6. Restrictions on Use
Copyrights and Trademarks
The
Site (including all articles, blogs, content, text, images,
photographs, graphics, video and audio content, code, software and other
elements contained herein) is owned and operated by ALLYnces, is
protected by copyright as a collective work or compilation under the
copyright laws of the United States and other countries, contains
material that is derived in whole or in part from material supplied and
owned by ALLYnces and other sources, is protected by trademark and other
applicable laws, and we (subject to the rights of our licensors and
licensees under applicable agreements) have all rights therein. All
individual articles, blogs, content, text, images, photographs,
graphics, video and audio content, code, software and other elements
comprising our site are also copyrighted works, and we (subject to the
rights of our licensors and licensees under applicable agreements) have
all rights therein.
Unless
otherwise expressly provided, you may not copy, modify or prepare
derivative works based on any articles, blogs, content, text, images,
photographs, graphics, video and audio content, code, software and other
elements from or contained on or in the Site (“Material”). You may
download Material from the Site for your personal, non-commercial use
only, provided you keep intact all copyright and other proprietary
notices and use the Material in accordance with all restrictions
applicable to your use of the Site in general. In the event that you
download Material from the Site, such Material is licensed to you by
ALLYnces and ALLYnces does not transfer title to any such Material to
you.
If
you would like to publish information, images or other Material that
you find on our website, please send your request to
editor@allynces.org.
7. Comment Policy
Conduct Rules
ALLYnces
strives to maintain a welcoming, safe environment for its users. To
that end, each user has a responsibility to maintain a civil and
respectful manner toward others, and to avoid using anyone's name or identifying information,
including but not limited to the names or identifying characteristics of children, spouses, friends,
teachers, service providers (including their company names and the names
of their staff), etc. Each user also should take care to avoid
disclosing personally identifiable information about himself or others.
ALLYnces recommends that, for commenting, you use a login name that does
not disclose, or include information that could result in the
disclosure of, your name or identity. In particular, it is a condition
of your use of the Site that you do not: (i) restrict or inhibit any
other user from using and enjoying the Site; (ii) post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind; (iii) post or
transmit comments containing harassing or offensive language, or engage
in disruptive activities online; (iv) post or transmit any information,
software or other material that is fraudulent or violates or infringes
the rights of others, including material that violates privacy or
publicity rights, or infringes copyright, trademark or other proprietary
rights, without first obtaining permission from the owner or right
holder; (v) post or transmit any information, software or other material
that contains a virus or other harmful component; (vi) post or transmit
content that solicits, encourages or provides instructional activities
about illegal activities, or that itself constitutes illegal, unethical
or immoral conduct; (vii) impersonate any person or entity or falsely
state or otherwise misrepresent your professional or other affiliation
with any person or entity; or (viii) use the Site or Service to collect
personally identifying information about users of the Site in violation
of our Privacy Policy. ALLYnces, at its sole and absolute discretion,
shall determine whether any information transmitted or received violates
this provision. You may not use any Material in connection with any
site or other use that contains or is associated with information or
content prohibited by this section.
Monitoring
ALLYnces
has no obligation to monitor the use of the Site by users or members.
However, you acknowledge and agree that ALLYnces reserves the right to,
and may from time to time, monitor any and all information transmitted
or received through the Site for operational and other purposes.
Moreover, comments may be monitored, edited, suspended and reviewed to
maintain relevance to the original blog post topic, to maintain
compliance with our policies and procedures, to prevent or correct the
disclosure of private information (including but not limited to the
names or identifiable characteristics of third parties). During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes in accordance with our Privacy Policy, and there may
even be a delay in the publication of your comment, if it is pending
review. Use of the Site constitutes consent to such monitoring.
Furthermore, ALLYnces reserves the right at all times to disclose any
information posted on any portion of the Site as necessary to satisfy
any law, regulation or governmental request, or to refuse to post, or to
remove, any information or materials, in whole or in part, that in
ALLYnces' sole and absolute discretion are objectionable or in violation
of this Agreement.
You Can Help!
Please help us maintain a friendly, safe and welcoming environment by letting us know of inappropriate or problematic comments, or any other violations of our policies and procedures.
8. Rights & Obligations Relating to Submitted Content
By
posting or submitting content on or to our Site (regardless of the form
or medium with respect to such content, whether text, videos,
photographs, audio or otherwise), you are giving us, and our affiliates,
agents and third party contractors the right to display or publish such
content on our Site, its affiliated publications, and any future works
or publications we may create (either in the form submitted or in the
form of a derivative or adapted work), to store such content, and to
distribute such content and use such content for promotional and
marketing purposes.
You
shall be solely responsible for your own submissions and the
consequences of posting or publishing them. In connection with each of
your submissions, you affirm, represent, and/or warrant that: (i) you
own or have the necessary licenses, rights, consents, and permissions to
use and authorize us to use all copyright, trademark or other
proprietary rights in and to such submissions; and (ii) you have the
written consent, release, and/or permission of each and every
identifiable individual person in such submissions to use his or her
name or likeness, as applicable. Additionally, you agree that you will
not: (i) publish falsehoods or misrepresentations that could damage us
or any third party; or (ii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or that encourages conduct that would
be considered a criminal offense, give rise to civil liability, violate
any law, or that is otherwise inappropriate. We reserve the right to
remove or not publish submissions without prior notice.
You agree to indemnify and hold us harmless in accordance with the Indemnification agreement, below.
9. Disclaimers of Warranties, Express or Implied
OUR
SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE
UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY
INFORMATION, SERVICES OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD
THROUGH OUR SITE.
ALLYNCES
HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD
PARTIES (“THIRD PARTY SITES”), AND ALLYNCES MAY FROM TIME TO TIME
PROVIDE THIRD PARTY MATERIALS ON THE SITE. ALLYNCES DOES NOT OPERATE OR
CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE
THIRD PARTY SITES, AND WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE
ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE PUBLISHED,
DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH
LINKS ON OUR SITE. THE SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR
ACCESSIBLE THROUGH ALLYNCES, AND ANY THIRD PARTY SITES AND CONTENT ARE
PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, ALLYNCES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
ALLYNCES
DOES NOT WARRANT THAT THE USE OF, OR FUNCTIONS CONTAINED IN, SUCH
MATERIALS AND PRODUCTS, OR IN THE SITE , WILL BE UNINTERRUPTED OR
ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR
THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. You assume all risk of errors and/or omissions in
the Site, including the transmission or translation of information. You
acknowledge and agree that your use of the Site, and any information
sent or received in connection therewith, may not be secure and may be
intercepted by unauthorized parties.
10. Special Damages
IN
NO EVENT SHALL ALLYNCES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR
INABILITY TO USE THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF ALLYNCES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS
WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING
FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,
OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ALLYNCES SHALL
NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER OF THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
11. Indemnification
You
agree to defend, indemnify and hold harmless ALLYnces, Jay Nolan, and
its and their affiliates, directors, officers, managers, employees,
shareholders, agents, and licensors from and against any and all claims,
actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) any material posted or
otherwise provided by you that infringes any copyright, trademark, trade
secret, trade dress, patent or other intellectual property right of any
person or defames any person or violates their rights of publicity or
privacy, (b) any violation by you of this Agreement, any breach by you
of your representations and warranties hereunder, or any
misrepresentation made by you in connection with your use of the Site;
(c) any non-compliance by you with the terms and conditions of this
Agreement; and (e) claims brought by persons or entities other than the
parties to this Agreement arising from or related to your access and use
of the Site, including the information obtained through the Site. We
reserve the right to take over the exclusive defense of any claim for
which we are entitled to indemnification under this Section 7. In such
event, you shall provide us with such cooperation as is reasonably
requested by us.
12. Modification
ALLYnces
reserves the right, in its sole discretion, to amend this Agreement,
and to modify, add or discontinue any aspect, content, or feature of the
Site. Such amendments, modifications, additions or deletions shall
become effective upon notice thereof, which may be provided to you by
posting on the Site, via e-mail or any other reasonable means. Continued
use of the Site by you shall constitute your binding acceptance of any
such amendments, modifications, additions or deletions.
13. Miscellaneous
This
Agreement shall be governed by and construed in accordance with the
laws of the State of California without giving effect to any principles
of conflicts of law. Although you acknowledge that we will have the
ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts in
Los Angeles, California, U.S.A., regarding any and all disputes relating
to this Agreement, your use of the Site or Service, or our use or
publication of any content or Materials provided by you for publication
on the Site. You acknowledge and agree that the warranty disclaimers and
liability and remedy limitations in this Agreement are material terms
of this Agreement and that they have been taken into account in the
decision by ALLYnces to provide the Site hereunder. You may not assign
any of your rights, obligations or privileges hereunder without the
prior, written consent of ALLYnces. Any assignment of the foregoing
other than as provided for in this section shall be null and void. 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, shall be enforced to the fullest extent allowed by law
as to effect the intention of the parties, and shall not affect the
validity and enforceability of any remaining provisions. This Agreement
and any posted operating rules constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
prior or contemporaneous communications and proposals, whether oral or
written, between the parties with respect to such subject matter. No
waiver of any provision or any right granted hereunder will be effective
unless set forth in a written instrument signed by the waiving party.
No waiver by either party of any breach or default hereunder shall be
deemed a waiver of any subsequent breach or default. The titles and
subtitles used in this Agreement are used for convenience only and are
not to be considered in construing or interpreting this Agreement.
