Be Bold, Be Bald! Terms of Use

Effective: August 19, 2012

Small Army for a Cause owns and operations the Be Bold, Be Bald! website (“Website”). This Terms of Use Agreement (“Agreement”) informs visitors of the rules and policies that govern our Website. We use the term "visitors" to include both registered users of the Website and any other person that accesses the Website – including participants, sponsors, and beneficiaries – at any point for any amount of time, unless designated otherwise. Visitors are expected to follow any posted guidelines or rules.

We may update this Agreement from time to time without notice. Any changes in our terms of use agreement will be incorporated into a revised Agreement that we will post on the Website. All visitors have the obligation to review changes to this Agreement, including any changes to our Privacy Policy . Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of this Website constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our Website. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE THE WEBSITE.

To participate in activities on the Website, we may request that you submit certain personally identifiable information about yourself ("Personal Information"). We may also gather certain types of non-personal information about your visit to protect the security of our members or our Website or to make our program content more useful and enjoyable for all our visitors. All information gathered from visitors by the Website will be governed by our Privacy Policy, which is incorporated in this Terms of Use Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy, the terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices.

Visitors are responsible for providing accurate, timely and complete information to us and our operational providers, agents and affiliates in connection with a visitor's participation and/or use of the Website. Your participation in the Website’s activities will be canceled without notice if, at any time, we discover that you provide false information or violate any term of this Agreement or our Privacy Policy. The Website and Small Army for a Cause are not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to us or from a visitor's failure to fully comply with any provision of this Agreement. If necessary, and in accordance with applicable law, the Website will cooperate with local, state and/or federal authorities to protect the Website or Small Army for a Cause or to prevent unauthorized use of the Website.

Registration and Participation

Registration with the Website is required in order to access certain services, including, without limitation, the creation of a user profile or the sponsorship of a participant. Your registration information will be handled by us in accordance with our Privacy Policy which you should review prior to registering with us.

Visitors may be required to select a password in order to register. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Website and Small Army for a Cause harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your personal contact and e-mail information. You may change, update or delete certain information in your profile by contacting us. If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your registration if you violate any provision of this Agreement or our Privacy Policy.

Be Bold, Be Bald! Beneficiary Rewards

As part of the Be Bold, Be Bald program, certain non-profit organizations for which Be Bold, Be Bald! participants raise money (“Beneficiaries”) may choose to provide participants with incentive rewards if the participants meet certain fundraising thresholds. While the Website and Small Army for a Cause may help coordinate these rewards, including by collecting Personal Information from participants to facilitate the delivery of an award to a participant, it will be the sole responsibility of the Beneficiary to supply and delivery any rewards earned by a participant for meeting certain fundraising thresholds. The Website and Small Army for a Cause shall have no responsibility for making sure that any participant actually receives any reward promised by a Beneficiary and shall have no liability for any rewards that are not received by participants.

Restrictions on Visitors' Use of Website Content

The Website contains materials supplied by the Website, Small Army for a Cause, the Website’s visitors, as well as other sources, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Website, visitors may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, User Content, or design elements obtained from this site, including code and software ("Material"). Notwithstanding the above, visitors may print or download the Material from the Website only for personal or non-commercial use, provided that the visitor does not republish the Material and keeps intact all copyright, trademarks, servicemarks, attributions, patent and other proprietary notices.

Use of the Material for any purpose not expressly permitted in this Agreement is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of the Material on the Website is strictly prohibited without the express written permission of Small Army for a Cause. Visitors are also prohibited from framing the Website without the express written permission of Small Army for a Cause. For information on requesting such permission, please send a written request to Small Army for a Cause at 300 Massachusetts Ave., Boston, MA  02115 or via e-mail at beboldbebald@smallarmyforacuase.org. Decisions to grant or deny permission are within the sole discretion of Small Army for a Cause.

By using the Website, you represent and warrant that you are the owner or otherwise have the right to provide any information, including postings and photos (described in Interactive Areas below) or materials (including pre-existing materials) and any comments or content submitted, posted or transmitted through the Website (“User Content”). In consideration of the Website accepting User Content, Visitor hereby grants to the Website and Small Army for a Cause an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Website and in all forms of media now known or hereafter and in connection with the advertising, marketing, promotion of any or all of the foregoing, throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively the “Uses”) and the right to, in Small Army for a Cause’s sole option and discretion, attribute such User Content to the visitor submitting the User Content. In consideration of submitting User Content, Visitor consents to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration. Each visitor also agrees to indemnify and hold the Website and Small Army for a Cause harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of the Uses of the User Content that the visitor submits on our Website. Each visitor waives any rights it may have in having the User Content edited, altered or changed in any manner not acceptable to visitor.

DMCA Copyright Infringement Claim Policy

If you believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), requesting that we remove or block access to the infringing Material, which shall include the following information:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • a description of where the material that you claim is infringing is located on our Website;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright.

Notices and counter-notices should be sent to:

Small Army for a Cause

Amy Staley

300 Massachusetts Ave

Boston, MA 02115

If the Website receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.”  The Website reserves the right to terminate the accounts of “repeat copyright infringers.”

Material on this server may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this server without prior notice.

E-mail

E-mail is an important communication method for our online visitors. The person in whose name the e-mail account is registered should generate all e-mail sent to us. E-mail users shall not mask their identity by using a false name or another person's name or account. We will use your e-mail address and the content of any e-mail for correspondence and visitor response purposes. Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such non-personal information contained in the e-mail from disclosure.

The submission of non-personal information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by the Website or Small Army for a Cause for any purpose, and the Website and Small Army for a Cause shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction. Any Personal Information transmitted with an e-mail, such as the sender's name, e-mail or home addresses, will be protected in accordance with the policies set forth in our Privacy Policy.

Choice of Law and Forum

The Website is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Website will be subject to the exclusive jurisdiction of the courts located within the state of Massachusetts, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.

Interactive Areas

We may provide interactive activities for the Website such as the ability to post messages, comments, and other content or to upload photos, collectively identified as "Interactive Areas," for the enjoyment of our visitors.

Any submissions or postings by visitors to certain parts of the Website, including, without limitation, Interactive Areas will be public and posted in public areas on the Website. The Website and Small Army for a Cause will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.

Please consider the risks of revealing Personal Information (such as name, phone number or street address) about yourself or others in Interactive Areas. By participating in any of the aforementioned activities, all visitors agree to follow the Website’s standards of conduct. Postings to public areas may not be reviewed by the Website prior to appearing on the Website. Nonetheless, the Website reserve the right to change, delete, or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment, and/or cooperate with local, state, and/or federal authorities if necessary, and in accordance with applicable law.

We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through the Website. You agree not to use the Interactive Areas or the Website to make available any content that:

  • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
  • infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person; or
  • contains unauthorized advertising or solicits other visitors; or
  • is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Website.

The Website may allow a visitor to post photograph(s) on-line (“Photo”), the submission of a Photo is governed by the terms of this Agreement, including without limitation, the visitor’s agreement regarding his or her use of Interactive Areas. By submitting a Photo, the visitor represents and warrants that (1) he or she is the person in the Photo or is the owner of the Photo and consents to the Uses of the Photo by the Website; (2) he or she is 13 years of age or over; (3) he or she has submitted the Photo using his or her legal name and accurate Personal Information and consents to the Uses; (4) he or she is either the holder of the copyright in the Photo or is an authorized licensee in the copyright in the Photo and grants to the Website and Small Army for a Cause the right to publish and display the Photo in connection with the Uses; and (5) he or she has the legal right and power to agree to the use of Photo and grants the Website the right to use the Photo. In addition, the visitor expressly releases the Website and Small Army for a Cause from any privacy, defamation and any other claims the visitor may have for the use of any Photo submitted to the Website. If you see an objectionable Photo or have any questions about this Agreement, please contact us.

Keep it positive and keep it clean. Be Bold, Be Bald! reserves the right to refrain from posting irrelevant and/or negative donor submissions.

Third Party Links

Our Website contains links and pointers to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by the Website or Small Army for a Cause of any third party resources or content. Links do not imply that the Website sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or website. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. The Website reserves the right, in its sole discretion, to terminate links with any third parties or other websites that they deem inappropriate or inconsistent with the Website. The Website and Small Army for a Cause make no representations about the content, functionality or practices of such third party websites and resources, and disclaim any and all warranties, express or implied, with respect thereto.

Advice, Opinions and Third Party Content

Our Website contains facts, views, opinions and statements of third parties, visitors and other organizations. The Website and Small Army for a Cause do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Website and Small Army for a Cause shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Website.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS." THE WEBSITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE WEBSITE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE WEBSITE NOR SMALL ARMY FOR A CAUSE ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS WEBSITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE OR MATERIALS ON THE WEBSITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE WEBSITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL THE WEBSITE OR SMALL ARMY FOR A CAUSE BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE WEBSITE OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, SPONSORS, AND PROMOTIONAL PARTNERS. THE WEBSITE AND SMALL ARMY FOR A CAUSE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE WEBSITE.

Security Measures

Please review our Privacy Policy for information on our Website security measures and the protection of your Personal Information.

Indemnification

You agree to indemnify, defend and hold the Website and Small Army for a Cause and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Terms of Use; (b) any allegation that any content or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.

Severability

If any provision or portion of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.