Effective: August 19, 2012
Registration and Participation
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.
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 firstname.lastname@example.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:
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
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 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.
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.
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:
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.
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.