WEBSITE TERMS OF USE

YOUR USE OF OUR SITE OR YOUR PROVISION TO US OF ANY CONTENT OR PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE SEPARATE PRIVACY POLICY (THE "PRIVACY POLICY"). DO NOT USE THE SITE OR PROVIDE CONTENT OR PERSONAL INFORMATION IF YOU DO NOT AGREE TO THE TERMS.

This website is owned by Fund for the Project for Life, Inc. ("PFL"). These Terms of Use are an agreement between PFL and you and govern your use of the Site and all information submitted through it.

Persons under 18 years of age are not authorized to use the Site.


1. Restrictions
"Materials" means all Content included within or comprising portions of the Site designated as presenting Content available to users, including text, images, animation, video, audio, user interfaces, software and other information, including the Content (as defined below). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE MATERIALS SOLELY FOR THE PURPOSE OF FURTHERING THE CHARITABLE MISSION OF PFL. YOU MAY NOT SELL THE MATERIALS OR OTHERWISE DISTRIBUTE THE MATERIALS FOR A FEE. YOU WILL NOT USE OR DISCLOSE THE MATERIALS OR THE CONTENT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.


This Site and your use if it is subject to the laws of the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any applicable local laws.


2. Attribution of Electronic Acts to You
You agree to provide accurate, current and complete information in connection with your use of the Site. You agree that all actions of PFL using any of the information provided by you will be attributed to and legally bind you.


3. Content
You are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise transmit via the Site ("Content"). By posting, uploading, inputting, providing or submitting Content, you are granting PFL, its affiliates, sub-licensees and successors and assigns a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license, subject to the Privacy Policy, to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary to allow PFL to create, advertise, operate and manage the Site, including by granting visitors to the Site the foregoing rights to the Content for their use in furthering its missions.


In addition to the rights above, you acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PFL, its users and the public.


You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to be:
(i) defamatory, obscene, invasive to another person's privacy or protected data, or tortious; (ii) infringing upon any third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable law or contractual or fiduciary duty (including by exercise of the rights you grant to PFL above).


We do not represent that we will undertake a review of all content on the Site. As a result, we are under no obligation to restrict or monitor Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT. We reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of PFL.


Information on the Site may be outdated or contain typographical errors, inaccuracies, or omissions and you agree not to rely upon it.


4. Site Privacy and Information Security
The PFL Privacy Policy is part of these Terms and is incorporated herein.


5. Infringement of Our Rights or the Rights of Others; Your Warranty

Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement, may provide a notice to our copyright agent. It is our policy to terminate in appropriate circumstances any right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.


7. Indemnification
You agree to indemnify, defend and hold harmless PFL, our parent, subsidiary, and affiliated companies, and their respective officers, directors, employees and agents, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of the Content, your use of the Site or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent.

 

8. NO WARRANTIES, CONDITIONS OR OTHER DUTIES
THE SITE AND ALL CONTENT, SITE FUNCTIONALITY AND SERVICES (collectively, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY US "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY, OR LACK OF NEGLIGENCE OR INTERRUPTION OR OF VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS. ALSO, THERE IS NO WARRANTY BY US OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT THROUGH THE USE OF THE SITE ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.


9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER PFL NOR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("PROTECTED PARTIES") WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF SUCH PROTECTED PARTIES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.


10. EXCLUSIVE REMEDY; DAMAGE LIMITATION
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE FOR ANY REASON BY PFL, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL BE SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE SERVICE CAUSING YOUR DAMAGE (IF ANY). The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.


11. Linked Sites; Third Party Services
Our Site may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the inked site or anything on it. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).

Your Links to Our Site: You are not permitted to link or shortcut to our Site from your web site, blog or similar application, without obtaining prior written permission from us.


12. Amendments
You agree that from time to time we may without notice alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy ("Amendments").  Amendments will take effect as specified in the Terms of Use ("Effective Date"), and will apply to all information that was collected before or after the Effective Dates, including information in databases. Changes will be effective when they appear in these Terms or in the Amendments as posted by us on the Site. Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDMENT DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT.


13. GOVERNING LAW AND EXCLUSIVE JURISDICTION
These Terms and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Suffolk or Nassau County, New York.


14. Legal Notices
You agree that we may give all notices we are required to give you by posting notice on the Site. You also agree that if we have your email address, we may send notice by email at our discretion, including legal notices and notice of subpoenas or other legal process (if any). We may use for your notice address, any email address you provide when communicating with us or that we otherwise have in our records. You agree to check for notices posted on the Site.

 

Notice to Us (our Legal Notices Address): You agree to send us notice by mailing it to the following ("Our Legal Notice Address"):

 

Project for Life, Inc.
Attn: Legal Department

Phone: 631-622-9401
Fax: 631-777-8440
Email: legal@projectforlife.org

15. Termination or Cancellation
We may cancel this agreement and/or your access to the Site at any time for any reason and you will still be liable for obligations (including donations made) incurred before the agreement ended.
Notice Regarding Intellectual Property Rights; All rights reserved
The trademarks used in the Site are owned by (1) PFL or (2) their respective trademark owners. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved.

 

Notice Regarding Copyright ownership; All rights reserved
All aspects of the Site, including services provided on the Site and any Content provided on the Site are subject to contractual and intellectual property rights, and other protections. The intellectual property rights are owned by PFL. Except for Content that you own, no content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior consent of PFL or its designee. Modification or use of the Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with PFL.

Notice Regarding Copyright Agent
PFL respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
•An electronic or physical signature of a person authorized to act on behalf of the owner of the  copyright interest;

•Identification of the copyrighted work claimed to have been infringed;

•Identification of the material that is claimed to be infringing and information reasonably sufficient  to permit PFL to locate the material;

•The address, telephone number, and, if available, an e-mail address at which the complaining   party may be contacted;

•A representation that the complaining party has a good faith belief that use of the material in the  manner complained of is not authorized by the copyright owner, its agent, or the law;

•A representation that the information in the notice is accurate, and under penalty of perjury,  that the complaining party is authorized to act on behalf of the owner of an exclusive right that is  allegedly infringed.


Copyright infringement claims and notices should be sent in the following manner to:

 

Project for Life, Inc.
Attn: Legal Department

Phone: 631-622-9401
Fax: 631-777-8440
Email: legal@projectforlife.org


Revised 7/11/2013

Home