OWNERSHIP OF CONTENTS/LICENSE
The Web Site is owned and operated by We Love Orphans. (“Organization” or “We”). The Web Site and all of its current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to Organization or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
CHANGES TO SITE/TERMS
Organization may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. Organization and the Affiliates (defined below) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, availability, or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Web Site or in the Content. This Web Site may be unavailable due to maintenance or malfunction of equipment. As used in the Terms, “Affiliates” means Organization’s parent company(ies), if any, and its and their related companies, subsidiaries, licensors, divisions, affiliates, directors, officers, partners, agents and assigns.
YOU UNDERSTAND AND AGREE THAT Organization LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER ORGANIZATION NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT ORGANIZATION AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ORGANIZATION OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF ORGANIZATION OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL ORGANIZATION OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL ORGANIZATION OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
By using this Web Site, you agree to indemnify, defend and hold harmless Organization and the Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ fees and other legal fees) arising out of or relating to: (1) your violation of these Terms or any law, rule or regulation; (2) a claim that is based on your use of the Content; or (3) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to Organization. You will cooperate as fully and reasonably as required by Organization or the Affiliates in the defense of any claim. Organization reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Organization.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party web sites, and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third-party. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than Organization are solely between you and that third party. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted by any third party or on any third party web sites. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. YOU AGREE THAT ORGANIZATION AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Organization or the Affiliates. Users are requested to inform Organization of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by Organization. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Organization names or any other Organization intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Organization. You may not “frame” this Web Site or alter its intellectual property or Content in any way. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Organization’s sole discretion). Organization reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.
Organization operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. Any cause of action filed by you with respect to the Terms or your use of this Web Site must be filed in the County of San Diego, City of San Diego, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of San Diego, City of San Diego, State of California for any cause of action arising under these Terms or related to the Web Site.
You understand and agree that Organization will determine your compliance with these Terms in its sole discretion. Organization reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Organization, you must destroy all materials obtained from this Web Site and all related documentation.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Organization. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
The EFFECTIVE DATE of these Terms is August 28, 2011