Effective Date: 10/11/2017
If you do not agree with these Terms of Service, do not use the EIF Site. The EIF may revise and update these Terms of Service at any time; please periodically review them, because your continued usage of the EIF Site indicates your agreement with any such changes. These Terms of Service do not apply to other Web sites or services of the EIF or of Somos Una Voz, LLC.
The Entertainment Industry Foundation is a charity recognized by the U.S. Internal Revenue Service (IRS) as tax exempt under section 501(c)(3) of the Internal Revenue Code. Donations to EIF may be tax deductible to the extent provided by U.S. law.
The EIF Site enables you to make a donation by using your debit card, credit card, or Paypal account. If you elect to make a donation through the EIF Site, you will be asked by the EIF or an authorized third party on EIF’s behalf to supply certain information, including without limitation, your full name, email address and credit or debit card information. You agree to provide us or such third party with accurate, complete and current information at all times. You further agree that you are responsible for all donations made using your credit or debit card, and that the EIF shall not be liable for any loss that results from the unauthorized use of your credit or debit card.
All content included on EIF Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the EIF, Somos Una Voz, LLC or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the the EIF Site is the exclusive property of the EIF or Somos Una Voz, LLC and protected by U.S. and international copyright laws. All software used on the EIF Site is the property of the EIF, Somos Una Voz, LLC or its software suppliers and protected by U.S. and international copyright laws.
The content and software on the EIF Site may be used as an information and registration source.
In addition, the EIF and Somos Una Voz, LLC hereby authorize you to view, copy, download, and print for personal use only any EIF or Somos Una Voz, LLC owned content on the EIF Site. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials licensed to the EIF or Somos Una Voz, LLC. You acknowledge that you do not acquire any ownership rights by viewing, copying, downloading, or printing copyrighted material.
Any other use of the content on the EIF Site is strictly prohibited. You may not copy, reproduce or distribute the design or layout of the EIF Site, the EIF or Somos Una Voz, LLC logos or other design elements or software.
The EIF respects the intellectual property of others, and we ask our content partners and donors to do the same. If you believe that your copyrighted work has been copied and is accessible on the EIF Site in a way that constitutes copyright infringement, you may notify the EIF by providing the EIF’s copyright agent the following information:
a) an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
b) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c) Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., Web page address) where it is posted or the name of the magazine in which it has been published.
d) Identification of the URL or other specific location of the EIF Site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
e) Your name, address, telephone number and e-mail address.
f) 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.
g) A statement by you, made under the penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The EIF’s agent for notice of claims of copyright infringement on the EIF Site can be reached as follows: Venable LLP, 600 Massachusetts Ave. NW, Washington, DC 20001.
3. Permitted use of the EIF and Somos Una Voz, LLC trademarks.
The EIF’s trademarks identify the EIF products and services, and Somos Una Voz trademarks identify the products and services of Somos Una Voz, LLC, and let the public know the sources of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from the EIF or Somos Una Voz, LLC. Please make such requests by e-mail to firstname.lastname@example.org; we will evaluate your request as soon as possible. The EIF tradenames are the Entertainment Industry Foundation and EIFOUNDATION.ORG. The EIF trademarks include the Entertainment Industry Foundation and EIFOUNDATION.ORG. This list is not exhaustive; the EIF may own other trademarks that are not included here.
You may not use the EIF Site unless you are at least eighteen (18) years of age. You may not: (i) use the EIF Site for any commercial or political purpose; (ii) engage in any activity in connection with the EIF Site that is unlawful, harmful, offensive, sexually explicit, obscene, violent, libelous, defamatory, harassing, abusive, falsely representative of your persona or invasive of someone else’s privacy; (iii) copy any information from the EIF Site; (iv) reverse engineer or modify EIF Site; (v) interfere with the proper operation of or any security measure used by the EIF Site; (vi) infringe any intellectual property or other right of any third party; (vii) use the EIF Site in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; (viii) transmit any information, software or other material which contains a virus or other harmful component; (ix) frame or utilize framing techniques to enclose any aspect of the EIF Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; (x) use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent or (xi) otherwise violate these Terms of Service.
5. Links; Third party services; Promotional messages
As a convenience to our donors and friends, we may provide links to third-party Web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against the EIF with respect to such linked sites.
6. Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE EIF SITE IS AT YOUR SOLE RISK. THE EIF SITE, INFORMATION, GRAPHICS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EIF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE EIF IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE EIF ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
The EIF makes no warranty that the EIF Site services will be uninterrupted, secure or error free. The EIF does not guarantee the accuracy or completeness of any information in, or provided in connection with, the EIF Site. The EIF is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the EIF Site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE EIF, OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE EIF SITE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE EIF SITE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE EIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE EIF AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100.
You agree to defend, indemnify and hold each of the EIF and its officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the EIF Site, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
The EIF reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access the EIF Site and/or any other service provided to you by the EIF.
10. Applicable law; Consent to jurisdiction
The EIF Site (excluding linked sites) are controlled by the EIF from its offices within the State of California, United States of America. The EIF Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the EIF Site both you and the EIF agree that the statutes and laws of the State of California, without regard to the conflict of laws, principles or choice of law thereof, will apply to all matters relating to use of the EIF Site.
You agree that exclusive jurisdiction for any dispute with the EIF, or in any way relating to your use of the EIF Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving the EIF or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these Terms of Service shall be declared unlawful by a court of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The EIF may assign its rights and obligations under these Terms of Service and upon such assignment the EIF may be relieved of any further obligation hereunder.
You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. No assignment or delegation relieves you of any of your obligations under these Terms of Service.
Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms of Service remain in full force and effect.
We may give you responses or notices by e-mail to the address most recently provided by you, posting to the EIF Site, or by written communication sent by U.S. Postal Service and/or FedEx to the address most recently provided by you.
If you have any questions or comments regarding these Terms of Service, please feel free to contact us by e-mail at email@example.com.