Terms of Service
Last Revised: 10/20/2020
a. The website at https://Doughboy.org or its successor website and its subpages, subdomains desktop and mobile versions, including all content, materials, products, features, applications, functionality and services made available on such website (the “Website”) is operated by the United States Foundation for the Commemoration of the World Wars, DBA The Doughboy Foundation (“we” or “our”), a 501(c)(3) organization.
c. Please read these Terms carefully. You are entering into a legally binding agreement (even if you are using the Website on behalf of a company or organization). Your use of the Website constitutes your consent to these Terms.
a. By using this website, you represent, warrant and acknowledge that you are located within the United States and are either (i) at least 18 years of age or (ii) between the ages of 13 and 17 (inclusive) and have the permission of a parent or guardian to use the Website and/or be a Campaign Creator, Direct Supporter or a Campaign Supporter. Children under the age of 13 cannot use the Website or become a Campaign Creator, Direct Supporter or Campaign Supporter.
b. The Website is controlled or operated from the United States, and is not intended to subject us to any non-U.S. jurisdiction or law. The Website may not be used in any non-U.S. jurisdiction. Any use of the Website outside the United States is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
c. If you are utilizing the Website on behalf of a business entity or organization, you represent that you have the authority to bind the entity to these Terms and to agree to all of the provisions of these Terms and by utilizing the Website you legally bind the business entity.
d. We have the right to determine who is eligible to use the Website and can change our eligibility criteria at any time.
3. Changes to Terms and the Website
a. We may change these Terms by notifying you of such changes by any reasonable means, including by posting revised terms through the Website, or, if we think the changes will be materially detrimental to you and we have your email address, then by emailing you via the email address you provided us.
b. Your use of the Website following any changes to these Terms will constitute your acceptance of such changes. The “Last Revised” legend above indicates when these Terms were last changed.
c. We may, at any time and without liability, modify, suspend or discontinue the Website (including access to the Website via any third party links) at our discretion.
4. Your Account
a. We may invite you to create an account on the Website. If we invite you to create an account and you do not register, you may not be able to use certain features or functions available on the Website, such as some fundraising features. If you do register, you agree to provide true, accurate and complete information about yourself and the entity you represent. You also agree to update your information to maintain its accuracy and completeness.
b. You agree that you are solely responsible for maintaining the confidentiality and security of your Website login information (such as any username or password). We are not responsible for any unauthorized use of your login information, and you must promptly notify us of any confidentiality breach or unauthorized use of your login information or your Website account.
c. We may terminate or suspend your use of the Website at any time and without prior notice, including if we believe that you have breached these Terms or have acted inconsistently with your rights or obligations under these Terms. All provisions of these Terms survive if we do so. Upon any such termination or suspension, your right to use the Website will cease, and we may, without liability, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials.
5. Use of the Website
a. The Website is for your personal, non-commercial use only, except as expressly specified in Section 10 below regarding creating a Campaign through the Website.
b. You are solely responsible for procuring, at your own expense, all equipment, systems and technology necessary to use the Website, including a web browser, computer, modem and Internet access.
c. When using the Website, you agree not to (or attempt to):
i. stalk or otherwise harass any other person;
ii. interfere with or inhibit any others’ use or enjoyment of the Website;
iii. engage in conduct that poses a risk of harm to or a threat to the personal safety of others or could create liability for us;
iv. upload, post, distribute or otherwise publish anything that contains viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality of or disrupt the Website or any software, hardware, telecommunications, networks, servers or other equipment;
v. upload, post, distribute or otherwise publish anything that constitutes or contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes or unsolicited commercial advertisement;
vi. upload, post, distribute or otherwise publish anything private, personally identifiable, financial, confidential or proprietary information of another person without their written express permission;
vii. collect personal data about other users of the Website;
viii. use automated means, including scripts, spiders, robots, crawlers, data mining tools or the like to access, scrape or download data from the Website without specific written permission from us;
ix. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person;
x. upload, post, distribute or otherwise publish anything which is indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, or violate the rights of any person or entity or any law;
xi. attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance or impairs the functionality of the Website;
xii. remove or obscure any copyright, trademark or other proprietary notices from the Website;
xiii. sell, reproduce, distribute, modify, display, prepare derivative works based on or otherwise make unauthorized use of the Website;
xiv. access, use, modify, copy, decipher, decompile, disassemble, reverse engineer or otherwise derive the source code of any software associated with the Website;
xv. post a Campaign photo that includes our organization branding (including our name, logo and other visual representations of us) or include our organization name in a Campaign title without specific, written permission from us;
xvi. do anything that infringes or violates another person’s rights, violates the law or breaches any contract or legal duty you have toward anyone;
xvii. offer any rewards that are illegal; or
xviii. violate any applicable law.
d. Notwithstanding the foregoing, and subject to compliance with any instructions posted on [robots.txt] file located in the Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials, which may only be created with our written permission. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
6. Your Materials
a. The Website may allow you to upload, display, post and/or distribute certain information, text, data, photographs, audio, video, images, graphics, links, logos and other content or materials to the Website (“Your Materials”). Your Materials may include any feedback you post in response to articles that we publish, the text you submit to us to post on your Campaigns, your Campaign profiles or content that you include when you make a particular Donation.
b. If you upload, display, post, view, copy or otherwise make Your Materials available via the Website, you must do so in accordance with these Terms and all applicable laws.
c. You will retain ownership of Your Materials. However, by making Your Materials available via the Website, in respect of Your Materials that you make available:
i. you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicenseable (through multiple tiers) license, without additional consideration to you or any third party, to host, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify (except modifications in the meaning of your expression) and otherwise use and exploit Your Materials, in any format or media now known or hereafter developed, for any purpose;
ii. you hereby permit, but do not require, us to identify you as the provider or author of Your Materials;
iii. you agree that we have no liability or responsibility for the storage or deletion or other use of Your Materials. All users of the Website must comply with these Terms, but if they access Your Materials in violation of these Terms, you acknowledge and agree that we are not liable for their acts or omissions, and you will have no claim against us for other users’ acts or omissions, including their acts or omissions in respect of Your Materials.
d. We will not include Your Materials in advertisements for the products and services of others without your separate consent. However, we may, without compensation to you, place or post ads near Your Materials.
e. We may, but are not obligated to, preview or review Your Materials and, in our sole discretion, block or remove from the Website without notice Your Materials that violate these Terms or are otherwise objectionable.
f. You represent and warrant that Your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party and you have and will maintain all consents, licenses and other authorizations to grant the rights in Your Materials under these Terms.
7. Rights in the Website
a. Except for your rights in Your Materials as set forth in Section 6, you acknowledge and agree that we retain all right, title and interest in and to the Website and all intellectual property rights therein. Any rights in or to the Website not expressly granted to you in these Terms are reserved by us.
b. Without limiting the above, you agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, transfer, sublicense or otherwise commercially exploit the Website.
8. Copyright Complaints
a. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
b. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See the http://www.copyright.gov/web site, any notice submitted must include the following:
i. your physical or electronic signature;
ii. identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
iii. identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material on the website;
iv. adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
v. a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
vi. a statement that the information in the written notice is accurate; and
vii. a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
c. Any notice that fails to comply with the above requirements shall not be considered to either provide us with actual knowledge of infringement or make us aware of facts or circumstances from which infringing material or acts are apparent. Notices and counter-notices must be sent in writing to the Copyright Department as follows:
d. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
9. Third Party Materials; Links
a. You may have access to certain materials, content, data or products made available by third parties via the Website, including user comments in response to articles or publications that we publish and content contained within Campaigns published on the Website (“Third Party Materials”). The Website may also allow for the routing or transmission of such Third Party Materials, including via hyperlinks or third-party websites incorporated into the Website via encapsulation or “iframes”. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
c. YOUR USE OF OR ACCESS TO THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE, TERMS OF DONATION OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
a. In the event of a dispute between you and any organizations and/or individual found on or through the Website, including Campaign Creators, Direct Supporters, Campaign Supporters, other Website users, PayPal and any other payment method provider, you release us, and our affiliates, officers, employees, contractors, agents, successors, and assigns (“Related Entities”) from claims, damages, liabilities and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
a. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys’ fees) in connection with:
i. your use of, or activities in connection with, the Website (including Your Materials);
ii. any violation or alleged violation of these Terms by you or any person who has used your Website account credentials; or
iii. any allegation that Your Materials violate or breach a person’s rights, including their intellectual property rights or rights of confidentiality or privacy, or any other rights under law or contract,except to the extent such claims, losses, costs or expenses are caused by our negligent or intentional wrongful acts or omissions or breach of these Terms.
12. Disclaimer of Warranties
a. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES AND GUARANTEES WITH RESPECT TO THE WEBSITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING ANY WARRANTIES OR GUARANTEES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
13. LIMITATION OF LIABILITY
a. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, OR ANY DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF YOUR MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF YOUR MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
b. TO THE EXTENT OUR LIABILITY HAS NOT BEEN EXCLUDED OR LIMITED UNDER THESE TERMS, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED AN AMOUNT EQUAL TO $100.
c. WE ARE NOT ENGAGED IN THE PROVISION OF LEGAL, TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES AND YOU AGREE THAT THE WEBSITE DOES NOT CONTAIN ANY LEGAL, TAX OR OTHER PROFESSIONAL ADVICE. IF YOU ARE IN NEED OF SUCH SERVICES, YOU SHOULD CONTACT THE APPROPRIATE LICENSED AND QUALIFIED PROFESSIONALS. WE ARE NOT INVOLVED WITH THE PROCESSING OR EXCHANGE OF CAMPAIGN DONATIONS AS MAY BE ARRANGED BY THIRD PARTIES ON THE WEBSITE; THEREFORE, WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS ASSOCIATED WITH CAMPAIGN DONATIONS, PROMISED OR OTHERWISE ON THE WEBSITE.
a. These Terms shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Washington, DC and you hereby consent to the exclusive jurisdiction of the DC and federal courts sitting there.
b. We may assign any of our rights or obligations under these Terms to another party for any reason, without notice to or consent from you. You may not assign, sublicense or otherwise transfer any right or obligation under these Terms without our prior written consent.
c. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
d. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
e. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
f. These Terms, including any terms and conditions incorporated herein, represent the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
g. Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail.
h. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
i. In these Terms, headings are for convenience only and do not affect the interpretation of these Terms; the singular includes the plural and vice versa; words that are gender neutral or gender specific include each gender; where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; the words “such as,” “including,” “particularly” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation; and no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms.
j. In these Terms, a reference to: (a) a person includes a natural person, partnership, joint venture, governmental agency, association, corporation, formal or informal organization or other body corporate; (b) a thing (including a chose in action or other right and the “Website”) includes a part of that thing; (c) a party includes its successors and permitted assigns; (d) a document includes all amendments or supplements to that document; (e) a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law and is a reference to that law as amended, consolidated or replaced; (f) an agreement other than these Terms includes an undertaking, or legally enforceable arrangement or understanding, whether or not in writing; and (g) a monetary amount is in U.S. dollars.