Terms of Use

Effective Date: AUGUST 2, 2016

Welcome to the GarySiniseFoundation.ORG website (the “Site”) which is owned and operated by the Gary Sinise Foundation, a Delaware non-profit corporation (the “Foundation” or “we”). Your use of the Site is governed by these Terms of Use which, together with our Privacy Policy, constitute the legal contract between you and the Foundation regarding your use of the Site.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE.  By using the Site, you accept and agree to be bound by this Privacy Policy.

PRIVACY POLICY

We are committed to protecting the privacy of any personal information you may provide to us when you use the Site.  Please see our Privacy Policy for details.

CHANGES AND UPDATES

We reserve the right to change and update these Terms of Use at any time in our sole discretion. For example, we may amend these Terms of Use to incorporate additional rules and policies as may be established by the Foundation from time to time, and/or to comply with or adopt any changes in law or industry practices.  If we make changes and updates to these Terms of Use, we will announce and post such changes and updates on the Site for the general public.  If you have provided your email address to us, we may also notify you of such changes and updates via email.  By continuing to use the Site after such notice, you signify your affirmative consent and agreement to all changes and updates of which you have been given notice.

ELIGIBILITY

Use of the Site is void where prohibited by law.  By using the Site, you represent and warrant that: (1) all information you submit to us is truthful and accurate; (2) you are at least 18 years of age when using the Site; and (3) your use of the Site does not violate any applicable law or regulation.  Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions.  No one under the age of 18 may use the Site.

RESERVATION OF RIGHTS

Your use of the Site is a privilege, and NOT a right.  Accordingly, the Foundation expressly reserves the following rights:

(1)    the right to suspend, revoke and terminate your privilege to use the Site at any time and with or without notice, should we believe that you are violating these Terms of Use or any applicable law;
(2)    the right to terminate your use of the Site, should we determine, in our sole discretion that you are a repeat or knowing copyright infringer; and
(3)    the right to investigate any violation or suspected violation of these Terms of Use and cooperate with law enforcement authorities and/or third parties in such investigation.

PROHIBITED CONDUCT

You may NOT make any illegal, unlawful, abusive, harmful or improper use of the Site or any Content, or do anything that interferes with other users’ access and use of the Site or any Content.  Without limitation to the generality of the foregoing, you are expressly and strictly prohibited from: (1) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or any system, network or server associated with the Site; (2) making unauthorized access (including access that exceeds the scope of authorization) to the Site or any system, network or server associated with the Site, or to any user account on the Site; and (3) using any automated programs, tools or processes (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any system, network or server associated with the Site, or to extract, collect, harvest or gather any Content from the Site.

INTELLECTUAL PROPERTY

1. Trademarks. The “Gary Sinise Foundation” name, the “Gary Sinise Foundation” logo, the slogan “SERVING HONOR AND NEED,” and any and all other word, design and logo marks and slogans of the Foundation, whether existing now or in the future (collectively, the “Foundation Marks”), are trademarks and service marks of the Foundation and are protected by federal, state and international laws.  Except for purposes of making truthful or otherwise lawful references or attribution to the Foundation, you may not use any of the Foundation Marks, or any variations thereof, for any purpose or in any manner, without the Foundation’s express prior written permission.  Without limitation to the generality of the foregoing, you may not use any of the Foundation Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in the Foundation’s sole judgment gives the appearance or impression of, any association, connection or affiliation with the Foundation (other than a truthful, non-misleading indication that you are a member of or donor to the Foundation), or any endorsement, sponsorship or approval by the Foundation.  In addition, you may NOT use any of the Foundation Marks in meta tags or as ad keywords without the Foundation’s express prior written permission.
Unless otherwise noted, all other trademarks and service marks appearing on the Site are the property of their respective owners.
2. Copyrights. All content and material residing on and/or associated with the Site, including, without limitation, text, literature, newsletters, publications, articles, editorials, images, photographs, graphics, artwork, animations, audios, videos, audiovisual material, software programs, user interfaces, social media applications and plug-ins, and all design, layout, and “look and feel” elements of the Site (collectively “Content”), belong to the Foundation and its licensors, and are protected by U.S. and international copyrights.  You may access and use the Site and Content for PERSONAL AND NON-COMMERCIAL USE ONLY, including downloading, printing, and storing for your own personal and non-commercial use copies of Content that has been made available for download and print, and sharing such copies with families and friends for their own personal and non-commercial uses; provided that:

(1) you do NOT remove, delete, alter or temper with any copyright, trademark, or other proprietary notices appearing on or within the Site or any Content; and (2) you do NOT alter, modify, edit, or create derivative works from the Site or any Content.  Except as expressly authorized by these Terms of Use or otherwise by the Foundation, any reproduction, display, performance, distribution, use or exploitation of the Site or any Content, whether for commercial purposes or otherwise, is expressly and strictly prohibited.

(2)  Notwithstanding the above, bona fide news media users may make editorial uses of press releases.  If you are a news media user, you agree that:  you will not use Content for any personal or commercial use;  you will indemnify, defend and hold the Foundation harmless for any and all unauthorized use you may make of any Content, you acknowledge the unauthorized use of the Content could cause irreparable harm to the Foundation and its officers and directors,   and that in the event of any unauthorized use, the Foundation shall be entitled to an injunction in addition to any other remedies available at law or in equity against you.  

3. User Material. As used herein, “User Material” means any written, visual, graphic, pictorial, photographic, audio, audiovisual, or other material furnished to the Foundation by any user of the Site.  By furnishing any User Material to us: 

(1) you hereby expressly and irrevocably grant to the Foundation a non-exclusive, perpetual, worldwide, gratis, royalty-free, fully paid up, sublicensable, assignable and transferable license to copy, reproduce, publish, distribute, publicly display, publicly perform, create derivative works from, and make other uses of such User Material, in whole or in part, to further the Foundation’s purposes, missions and activities and to promote the Foundation and its causes, projects and programs, in any and all media now known or hereafter devised, without notice or compensation or payment of any kind to you; you further acknowledge and agree that, if and to the extent such User Material contains personal identification of you (whether by name, likeness, voice or otherwise), the foregoing license shall automatically cover and extend to the use of your identity as embodied therein as part of such User Material; (2) you hereby represent and warrant that you own or otherwise control all of the rights in and to such User Material and that no use of such User Material will infringe or violate anyone’s copyright, trademark, trade dress, patent, trade secret, right of privacy, right of publicity, reputation, or other property, personal or proprietary right, or violate any applicable law; and (3) you hereby acknowledge and agree that we shall have the right (but not the obligation), at any time and in our sole discretion, to remove, delete, block, disable or deny access to any such User Material if we believe, in our sole judgment, that such User Material violates these Terms of Use or any applicable law, or may expose or subject the Foundation, Gary Sinise, or the Site to liability of any kind, or may adversely affect the reputation or goodwill of the Foundation, Gary Sinise, or the Site.

4. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed by any User Material or Content on the Site, please notify us in writing:

Gary Sinise Foundation
PO Box 50008
Studio City, CA 91614-5001
United States of America

To enable us to investigate your alleged infringement or violation, please include the following in your notice:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material 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 us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement 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; and
(6) A statement that the information in the notification 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.

The Foundation will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law.

Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.

THIRD PARTY WEBSITES

For your convenience, the Site may contains links to third-party websites.  Such linked third-party sites are not owned, controlled, operated or maintained by the Foundation.  Accordingly, the Foundation is not responsible for the content, products, services, policies or activities of such linked third-party sites.  The inclusion of any link or reference to a third-party site does not constitute or imply the Foundation’s endorsement, sponsorship or approval of, or the Foundation’s affiliation or association with, such third-party site or its content, products, services, views, opinions, policies or activities.

LINKING TO OUR SITE

You may only link to the homepage of the Site, provided that: 

(1) your linking and your use of the Foundation Marks for linking purposes are conducted in a truthful and non-misleading manner, and you do NOT misrepresent or falsely suggest that your website, or any of your content, products, services, views, opinions, policies or activities, is endorsed, sponsored or approved by, or is otherwise affiliated or associated with, the Foundation;
(2) your link must be a text-only link to the home page of the Site, and you do NOT use the Foundation logo or any other design or logo mark of the Foundation for linking purposes; 
(3) you do NOT publish false, misleading or inaccurate information about, or otherwise disparage, the Foundation, Gary Sinise, or the Site;
(4) you do NOT frame or otherwise create a browser or border environment around, or make deep linking, in-line linking or similar forms of linking to, the Site or any page of the Site or any Content;
(5) you do NOT link to the Site from any adult or sexually oriented website;
(6) you represent and warrant that the content of your website is appropriate and consistent with the stated purposes of the Foundation and applicable law; if this is not the case, please do not link to the Site; 

(7)  you do NOT link to the Site for commercial or fundraising purposes, unless you have the written approval of the Foundation; and
(8) you otherwise comply with these Terms of Use.  

The Foundation reserves the right to rescind your privilege to link to the Site at any time in its sole discretion.  Upon request by the Foundation, you agree to immediately remove any link to the Site and to discontinue use of any of the Foundation Marks for linking purposes.

MAKING DONATIONS ON THE SITE

You may make donations to the Foundation directly on the Site.  By making a donation on the Site, you represent and warrant that: (1) you are a legal U.S. citizen and are at least 18 years of age when making such donation; (2) all information you provide to the Foundation is truthful and accurate, and you will update the information to keep it accurate; and (3) any donation you make is legal in your jurisdiction.

Donations made on the Site, once processed by the Foundation, are NOT cancelable, refundable or returnable.

Any information, literature or other material we may send you regarding your donation is solely for your personal, non-commercial use, and may NOT be redistributed, displayed or copied.
Any personal information, including your name, address, email and credit card information, that you disclose in connection with a donation on the Site will be subject to our Privacy Policy.

DISCLAIMERS

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT.  WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, THE FOUNDATION DOES NOT WARRANT OR GUARANTEE THAT: (1) THE SITE AND ALL CONTENT ON THE SITE WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, RESULTS OF ANY SEARCHES PERFORMED ON THE SITE) WILL BE RELIABLE; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (4) YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE WILL NOT INFRINGE THIRD-PARTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE FOUNDATION, GARY SINISE, OR ANY OF THE FOUNDATION’S EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, ADVISORS OR VOLUNTEERS (COLLECTIVELY “THE FOUNDATION AND ITS RELATED PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR  CONSEQUENTIAL  DAMAGES, OR ANY LOSS OF USE, DATA, SALES OR PROFITS) RESULTING FROM (1) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT ON THE SITE OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER RELATING TO THE SITE OR ANY CONTENT ON THE SITE, EVEN IF THE FOUNDATION AND ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL CONTENT ON THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE FOUNDATION AND ITS RELATED PARTIES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY SUCH DAMAGES OR LOSSES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold the Foundation and Its Related Parties harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from: (1) your  misuse of the Site or any Content; (2) your violation of these Terms of Use or any applicable law; (3) your breach of any of your representations and warranties set forth herein; or (4) any User Material provided by you.

GOVERNING LAW

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The parties agree that, , exclusive venue with regard to any claim related to the use of this Site shall be in courts of competent jurisdiction sitting in Los Angeles County, California. MISCELLANEOUS
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and the Foundation concerning your use of the Site.  If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be unlawful, invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

CONTACT US

If you have any questions regarding the Site or these Terms of Use or wish to make a donation, please contact us at:

Gary Sinise Foundation
PO Box 50008
Studio City, CA 91614-5001
United States of America
[email protected]

 

 
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