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Use of the Official Website
of the Kids for Our Troops (the "Website") is subject to the
following terms of use:
1. Website Ownership
The Website is owned by Homes for Our Troops,
Inc. (HFOT) All materials distributed in the Website (the
"Materials") are either owned by or licensed to HFOT. HFOT and its
licensors retain all proprietary rights to the Materials. Except for
downloading one copy of the Materials on any single computer for
your personal, non-commercial home use, you must not reproduce,
prepare derivative works based upon, distribute, perform or display
the Materials without first obtaining the written permission of HFOT.
Materials must not be used in any unauthorized manner.
- Associated Press ("AP") text, photo, graphic,
audio and/or video material (collectively, the "AP Materials")
shall not be published, broadcast, rewritten for broadcast or
publication or redistributed directly or indirectly in any medium.
Neither these AP Materials nor any portion thereof may be stored
in a computer except for personal and non-commercial use. AP will
not be held liable in any way to any Website user or to any third
party or to any other person who may receive information in the AP
Materials or to any other person whatsoever, for any delays,
inaccuracies, errors or omissions there from or in the
transmission or delivery of all or any part thereof or for any
damages arising from any of the foregoing or occasioned thereby.
Corporate, governmental and institutional Users may use portions
of the AP Materials for internal printed communications and
memoranda.
- Notice and Procedure for Making Claims of
Copyright Infringement. Pursuant to the Digital Millennium
Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"),
HFOT has designated to the U.S. Copyright Office an agent to
receive notifications of claimed copyright infringement relating
to this Website (the "Designated Agent"). All such notifications
relating to this Website must be submitted in a manner consistent
with the DMCA to the following Designated Agent:
| Service Provider: |
Homes for Our Troops, Inc. |
| Name of Agent Designated to Receive
Notification of Claimed Infringement: |
Dawn M. Teixeira |
| Full Address of Designated Agent to
Which Notification Should Be Sent: |
29 Samoset St
Plymouth, MA 02360 |
| Telephone Number of Designated
Agent: |
508-295-6100 |
| E-mail Address of Designated Agent: |
dlegal@homesforourtroops.org |
2. Message Features
- Participation. The Website may offer
opportunities for you to transmit messages in connection with
various features including vanity email, auctions and message
boards ("Message Features"). You must use Message Features in a
responsible manner, and are solely responsible for any content you
transmit. You must not transmit any message ("Message") in
connection with any Message Feature that: (i) imposes an
unreasonable or disproportionately large load on the Website's
infrastructure, or otherwise adversely affects, restricts or
inhibits any other user from using and enjoying the Website; (ii)
is threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitutes or encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law; (iv)
violates, plagiarizes or infringes the rights of third parties
including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right; (v)
contains a virus or other harmful component; (vi) contains any
information, software or other material of a commercial nature;
(vii) contains advertising, promotions or commercial solicitations
of any kind; (viii) constitutes or contains false or misleading
indications of origin or statements of fact; (ix) contains
material irrelevant to the subject matter of the Message Feature;
or (x) contains any virus, trojan horse, worm, time bomb,
cancelbot or other similar harmful or deleterious programming
routine.
In order to participate in any Message Feature, you may be
asked to register by providing certain personal information such
as your name and/or email address. (The Website's Privacy Policy
explains how such information may be collected and used.) You may
also be asked select a screen name ("Screen Name") for
identification purposes. You must not use any Screen Name that
violates any term of subsections (i)-(x) above, or any other
operating term set forth by HFOT.
- License. By transmitting any Message or Screen Name, you are
granting HFOT a perpetual, royalty-free, non-exclusive, and
irrevocable right and license to reproduce, prepare derivative
works based upon, distribute, perform or display such Message or
Screen Name, in whole or in part, in any form, media or technology
known or hereafter developed.
- Message and Screen Name Review. HFOT and its vendors act as a
passive conduit in connection with your use of Message Features.
HFOT and its vendors have the right, but not the obligation, to
review, edit or delete any Message or Screen Name transmitted by
you that they believe may create a liability for them, and also to
deny access to any Message Feature. Display of any Message or
Screen Name in any Message Feature does not constitute its
approval or endorsement by HFOT or its vendors.
- You acknowledge that Messages and Screen Names are not
confidential and they may be read, intercepted by others and
widely accessible on the World Wide Web. You acknowledge that by
submitting Messages to this Website, no confidential, fiduciary,
contractually implied or other relationship is created between you
and HFOT and its vendors other than as expressly set forth in this
Agreement.
3. HFOT may change, suspend or discontinue any aspect
of the Website at any time, including the availability of any
Website feature, database, or content. HFOT may also impose limits
on certain features and services or restrict your access to parts or
the entire Website without notice or liability.
4. The Official Store ("Store"), Auction Feature
("Auctions"), Online Ticketing Feature ("Ticketing Feature") and
Subscription Content Services (the "Services")
- The Store in the Website allows you to order products supplied
by independent merchandise vendors (the "Vendors"). Auctions allow
you to purchase merchandise through an auction process (products
purchased via the Store and Auctions collectively referred to as
the "Merchandise"). The Ticketing Feature allows you to order
tickets supplied by the appropriate vendors as pertains to the
event.
- Subscription activation for Services, and subsequent ability
to access Services, are subject to approval of your valid major
credit card and verification of other information that you submit
or is otherwise obtained by HFOT (e.g., your IP address).
Programming, pricing, terms and conditions are subject to
availability, change or cancellation, as applicable. Scheduled
events may be cancelled or substituted when necessary. Applicable
taxes are not included and are the responsibility of the
subscriber.
- ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. HFOT EXPRESSLY
DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR
INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE
MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING
FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, THE
TICKETING FEATURE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING
OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE OR
TICKETS. HFOT reserves the right to modify the price of any
Merchandise or Services. HFOT is not responsible for any error in
copy or images relating to Merchandise, Services or tickets.
- Purchasing; Price; Payment. In order to purchase Merchandise,
the Services or tickets on the Website, you must provide complete
and accurate personal information consisting of your name,
address, telephone number, e-mail address, credit card information
and shipping address. (The Website's Privacy Policy explains how
such information may be collected and used.) Your ability to
purchase Merchandise and Services is subject to limits established
by your credit card issuer. You must notify us immediately of any
change in your credit card information, including any change to
your home address. HFOT may bill your credit card at the time the
Services, Merchandise or tickets is ordered or shipped, Any
special order or customized/personalized products will be billed
immediately after the order is received. You must pay all amounts
accrued in your account, including sales tax and shipping and
handling charges, when due. HFOT may in its sole discretion
decline service to or terminate any account. Neither MLBAM, its
Vendor is responsible for and must not be held liable for any
breaches in transaction security by any third party. Any auction
may be discontinued at any time in HFOT's sole discretion.
- Gift Certificates. Within the Store, there may be an
opportunity for you to purchase and/or redeem gift certificates
(each, a "Gift Certificate). Gift Certificates are redeemable
solely for purchases in the Store. All Gift Certificates are
denominated in U.S. Dollars. Gift Certificates are valid until
redeemed or abandoned. HFOT is not responsible for lost or stolen
Gift Certificates. The value of a Gift Certificate that is lost,
stolen, destroyed, altered or used without your permission will
not be replaced or refunded. HFOT will not honor Gift Certificates
obtained by fraud or theft. Gift Certificates are not redeemable
for cash. If the value of your Gift Certificate is greater than
the amount of your total purchase, you will be able to use the
remaining Gift Certificate balance for future purchases, subject
to these terms of use. If the value of your Gift Certificate is
less than the amount of your total Store purchase, you must use a
credit card in order to complete your purchase.
- Questions relating to the Store, merchandise and its
fulfillment should be directed to HFOT vendor either by:
Email
Send
us an email and we will respond to you within 24 hours.
Call Customer Service
Toll Free 1-877-809-1659
7:00 a.m. - 5:00 p.m.
Monday - Friday (PST)
Local/International
1-510-877-1579
Write Us
CafePress.com
Customer Service Department
1515 Aurora Drive
San Leandro, CA 94577
5. Votes; Contests; Sweepstakes
The Website may offer you opportunities to vote in connection
with certain events also to enter contests and sweepstakes. By
participating in any such event, you signify your agreement to all
special terms set forth on the Website applicable to the event as
well as the terms of this Agreement.
6. Linking
The Website may contain links and pointers to other World Wide
Web sites and resources. Links to and from the Website to other Web
sites maintained by third parties, do not constitute an endorsement
by HFOT or any of its affiliates of any third party Web site or
content. HFOT is not responsible for the availability of these third
party resources or their contents. You should direct any concerns
regarding any external link to its Web site administrator or
Webmaster.
7. Disclaimer of Warranties
- A. USE OF THE WEBSITE, THE SERVICES, AND MERCHANDISE ARE
AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING
RESTS EXCLUSIVELY WITH YOU.
- B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY
THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO
ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- C. HFOT DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE
WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE
WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN
THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR
RELIABLE.
8. Limitations on Liability
- A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING
TERM SET FORTH BY HFOT OR ANY ACT OR FAILURE TO ACT BY HFOT OR ITS
VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY
MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
- B. IN NO EVENT SHALL HFOT BE LIABLE FOR ANY BREACH IN
TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR
RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR
MERCHANDISE.
- C. IN NO EVENT SHALL HFOT, ITS VENDORS OR ANY OTHER HFOT
ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR
INABILITY TO USE THE WEBSITE, MERCHANDISE, TICKETS OR SERVICES.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF HFOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY
OF HFOT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. THE MAXIMUM LIABILITY OF HFOT, ITS VENDORS AND
ANY HFOT ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH
THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
- D. IN NO EVENT SHALL HFOT OR ANY OTHER HFOT ENTITY BE LIABLE
FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT
OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
9. Indemnification
You hereby agree to indemnify and hold HFOT, and
their respective general and limited partners, members,
shareholders, directors, officers, employees, agents and
representatives (collectively, the "HFOT Entities") harmless from
all claims, liabilities, damages and expenses (including attorneys'
fees and expenses) arising out of or relating to: (A) your use of
the Website, the Services, Merchandise and/or tickets purchased via
the Website; or (B) any alleged breach of this Agreement by you.
10. Termination
HFOT may change, suspend or discontinue any aspect of
the Website at any time, including the availability of any Website
feature, database, or content. HFOT may also impose limits on
certain features and services or restrict your access to parts or
the entire Website without notice or liability at any time in HFOT's
exclusive discretion, without prejudice to any legal or equitable
remedies available to HFOT, for any reason or purpose, including,
but not limited to, conduct that HFOT believes violates these Terms
of Use or other policies or guidelines posted on the Website or
conduct which HFOT believes is harmful to other customers, to the
HFOT's business, or to other information providers. In addition,
this Agreement may be immediately terminated at any time by HFOT in
its sole discretion. In addition and without prejudice to any other
remedy available to HFOT, HFOT may immediately terminate this
Agreement if you breach any term of this Agreement or other
operating term set forth by HFOT.
11. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the
State of Massachusetts applicable to contracts entered into and
performed exclusively in that State. You hereby waive any argument
that any such court does not have jurisdiction over you or such
dispute or that venue in any such court is not appropriate or
convenient. HFOT will be entitled to recover its court costs and
reasonable attorneys' fees and expenses incurred in successfully
proving any breach of any term of this Agreement.
12. Miscellaneous
This Agreement constitutes the entire agreement
between the parties, and supersedes all prior written or oral
agreements or communications with respect to the subject matter
herein. HFOT in its sole discretion may amend this Agreement, and
your use of the Website after such amendment is posted on the
Website will constitute acceptance of it by you. Sections 7, 8, 9,
11, 12 and 13 of this Agreement will survive any termination or
cancellation of this Agreement. If any term in this Agreement is
declared unlawful, void or for any reason unenforceable by any
court, then such term will be deemed sever able from the remaining
terms and will not affect the validity and enforceability of such
remaining terms. The section headings in this Agreement are for
convenience only and must not be given any legal import.
13. Acceptance of Terms of Use
By using the Website, you signify your agreement to
the terms of this Agreement. If you do not agree to the terms in
this Agreement, you must not use the Website. HFOT may change the
terms of this Agreement at any time, and your use of the Website
after such changes are posted will mean that you accept them. |
