1. Scope; Acceptance of Terms
Expressions of Humanity Foundation, Inc. (“Expressions of Humanity”; “we”;
“us”) asks you to review these terms of service (“Terms”). The provisions
contained in these Terms—effective as of the date specified below—govern
your access to and use of the
website https://www.expresshumanity.org, and all pages combined
within them that are owned or operated by Expressions of Humanity Foundation including
but not limited to text, content, audio, video, photographs, fonts, slogans, graphics, and
services therein (collectively, the “Site”).
Please read these Terms carefully before using the Site in any capacity, and please consult
them regularly as they are updated frequently. By accessing or using the Site or any of its services (including but not
limited to donating online to Expressions of Humanity), you signify your
acceptance of and agreement with all provisions of these Terms, in addition to
our Privacy Policy, available under our Privacy Policy page (“Privacy Policy”). If you do not agree to these Terms
and/or our Privacy Policy, you should elect not to visit the Site.
2. Changes to Terms
Expressions of Humanity reserves the right to change these Terms at any
time at its sole discretion. Such changes will be effective immediately upon
posting them to the Site. Your use of the Site after such changes have been
posted shall constitute your acceptance of all provisions in the revised Terms.
3. Prohibited Uses; Right to Terminate Access
You agree to use the Site only for lawful and legitimate purposes, and to do so
in accordance with these Terms.
You agree not to use the Site to, in any way:
A. Violate any applicable federal, state, local, or international law or
regulation;
B. Exploit, harm, or attempt to exploit or harm minors, including but not
limited to exposing them to inappropriate content or improperly asking
them for personally identifiable information;
C. Threaten, harass, or otherwise inappropriately abuse others, including
but not limited to Expressions of Humanity, its employees, agents,
affiliates, contractors, service providers, or Site users;
D. Send, knowingly receive, upload, download, use, or reuse any content
which does not comply with these Terms;
E. Copy, reproduce, distribute, modify, display, republish, transmit, re-post,
or otherwise use any of the content on our Site without prior written
permission from Expressions of Humanity (which must be sought via the
contact information provided below);
F. “spam,” gather, or attempt to gather personally identifiable information (PII)
belonging to users or others for the purposes of spamming, fishing, marketing,
selling to third parties, or otherwise improperly soliciting or abusing
Expressions of Humanity or Site users;
G. Engage in dishonest or deceptive behavior, including but not limited to
impersonating or attempting to impersonate another person or entity, or
attempting to gain unauthorized access to any part of the Site, or the
computers, servers, or databases connected thereto;
H. Engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Site, or which, as determined by us, may harm
Expressions of Humanity, its employees, agents, affiliates, contractors,
or service providers, the Site, Site users, or expose such persons or
entities to liability; or
I. Otherwise attempt to interfere with the proper functioning and/or
operation of the Site. Expressions of Humanity reserves the right to
terminate the Site or your membership access to it for any reason, at our sole
discretion, including but not limited to your violation of these Terms by
engaging in the prohibited uses described above.
4. Account Registration and Site Security
As a condition to using certain aspects of the Site, you may be required to
create a Membership Account and select a password. If you choose to create an Account,
you must provide Expressions of Humanity with accurate, complete, and
updated registration information, particularly your email address or cell/ home phone
number; failure to do so may result in suspension of your Membership Account. You also
agree to notify Expressions of Humanity immediately of any actual or
suspected loss, theft, or unauthorized use of your Account or Account
password.
5. Warranty Disclaimer; Site Available “As-Is”;
License to Use Content
Your access to and use of the Site or any content is at your own risk. YOU
UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON
AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE
FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, DO
SOMETHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. Expressions of Humanity makes no representations or
warranties of any kind with respect to the Site, including any representation or
warranty that the use of the Site will (a) be timely, uninterrupted, or operate in
combination with any other hardware, software, system or data; (b) meet your
requirements or expectations; (c) be free from errors, or that errors or defects
will be corrected; or (d) be free of viruses or other harmful components.
Expressions of Humanity also makes no representations or warranties of any
kind with respect to content; user-provided content, in particular, is solely the
responsibility of, the user providing that content. Expressions of Humanity
does not claim ownership of any content that you post on or through the Site.
Instead, you hereby grant to Expressions of Humanity a non-exclusive, fully
paid and royalty-free, transferable, sub-licensable, worldwide license to use
the content that you post on or through the Site, subject to these Terms and
our Privacy Policy. No advice or information, whether oral or written, obtained
from Expressions of Humanity or through the Site, will create any warranty not
expressly made herein.
6. Release from Liability
YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW,
EXPRESSIONS OF HUMANITY, ITS DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS,
INTERNS, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR
DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS,
AND/OR DAMAGES OF EVERY KIND AND NATURE (INCLUDING
WITHOUT LIMITATION ACTUAL, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES), KNOWN AND UNKNOWN, ARISING OUT
OF, OR IN ANY WAY CONCERNING THE SITE, INCLUDING WITHOUT
LIMITATION THE FOLLOWING: DISPUTES BETWEEN USERS OF THE
SITE, INCLUDING THOSE BETWEEN YOU AND OTHER USERS; THIRD
PARTY SITES AND SERVICES, INCLUDING CONTENT FOUND ON SUCH
SITES AND SERVICES; DISPUTES CONCERNING ANY USE OF OR
ACTION TAKEN USING YOUR ACCOUNT BY YOU OR A THIRD PARTY;
CLAIMS RELATING TO THE UNAUTHORIZED ACCESS TO ANY DATA
COMMUNICATIONS OR CONTENT STORED UNDER OR RELATING TO
YOUR ACCOUNT, INCLUDING UNAUTHORIZED USE OR ALTERATION
OF SUCH COMMUNICATIONS OR YOUR CONTENT; OR CLAIMS
RELATING TO ANY INVOLVEMENT WITH A THIRD PARTY WHILE IN THE
COURSE OF USING THE SITE, WHETHER ON THE INTERNET, IN A
PHYSICAL LOCATION, OR OTHERWISE. YOU UNDERSTAND THAT
SUCH THIRD PARTY IS NOT A REPRESENTATIVE, EMPLOYEE, AGENT,
OR AFFILIATE OF DO SOMETHING, AND SHALL NOT BE CONSIDERED
AS SUCH FOR ANY PURPOSE WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EXPRESSIONS OF HUMANITY, ITS DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS,
AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE
FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD
WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO
YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE
SITE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY OR USER USING THE SITE, INCLUDING WITHOUT
LIMITATION DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR
CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY
CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT DO SOMETHING HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS
ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE TOTAL LIABILITY OF EXPRESSIONS OF
HUMANITY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS,
SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE
TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO
THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU
PAID US TO USE THE APPLICABLE SITE (which is zero). Some jurisdictions
may not allow the exclusion of certain warranties or the exclusion/limitation of
liability, so the limitations above may not apply to you.
7. Copyright Claims
If you believe that your copyrighted work has been copied by Expressions of
Humanity in a manner that constitutes copyright infringement, please provide
Expressions of Humanity’s Copyright Agent the following information in
writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512
(“DMCA”):
~ a physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
~ identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online website are covered by a
single notification, a representative list of such works at that website;
~ identification of the content that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
Expressions of Humanity to locate the content;
~ information reasonably sufficient to permit Expressions of Humanity to
contact you, including at least your name, address, and telephone
number.
~ a statement that you have a solid, good-faith belief that use of the content in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
~ a written statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Expressions of Humanity Foundation designated Copyright Agent to receive notifications
of claimed infringement is, Cherise Brown, info@expresshumanity.org
(760) 991-5650.
If you believe that your content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization to post and use
the material in your content, you may send a counter-notice to the Copyright
Agent (see 17 U.S.C. § 512(g)(3) for further detail).
8. Governing Law; International Users
You agree that your use of this Site, these Terms, our Privacy Policy, and any
controversy, claim, or dispute relating thereto, shall be governed in all
respects by the laws of the State of California, excluding its conflicts of law
rules. Any dispute relating to this Site, our Terms, or our Privacy Policy shall
be resolved solely in the state or federal courts located in California,
California, to whose jurisdiction and venue you hereby expressly consent. In
addition, you hereby waive the right to bring or participate in any claim against
Expressions of Humanity, its employees, agents, or affiliates, as a class
action, consolidated, multi-district, or collective action, or private attorney
general action. If Expressions of Humanity prevails against you in any
arbitration or proceeding concerning these Terms or our Privacy Policy, we
shall be entitled to recover our legal costs, including attorneys’ fees, in
addition to all other available legal and equitable relief.
Expressions of Humanity and the Site are operated in the United States. If you
are located outside of the United States, please be aware that any information
you provide will be collected in or transferred to the United States. By using
the Site and/or providing Expressions of Humanity with your information, you
consent to that collection and transfer.
9. Entire Agreement; Severability
These Terms together with our Privacy Policy constitute the entire agreement
between you and Expressions of Humanity, superseding any other written or
oral agreements or understandings. If a Court or other tribunal finds any
provision of these Terms or our Privacy Policy to be invalid or unenforceable,
that provision shall be enforced to the maximum extent possible and the
remaining provisions shall remain in full force and effect.
10. Contact Us
For questions relating to these Terms or our Privacy Policy, please email us
at info@expressionsofhumanity.com.
11. Effective Date
These Terms were last updated on May 8,2020.
Expressions of Humanity Foundation
info@expresshumanity.org
Copyright © 2020 Expressions of Humanity Foundation - All Rights Reserved.
A US 501 (c) (3) public charity. EIN 84-4936263
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