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TERMS OF USE

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”), AND ENTERTAINMENT INDUSTRY FOUNDATION (“EIF”) AND THE ALBERTSONS COMPANIES FOUNDATION (“ALBERTSONS”), BOTH OF WHICH ARE CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATIONS AND A QUALIFIED ORGANIZATION PURSUANT TO SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE (HEREINAFTER EIF AND ALBERTSONS COLLECTIVELY REFERRED TO AS “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT localhost/crafton/www.hungeris.org (“WEBSITE”), IS ADMINISTERED BY EIF.
PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE (“TOU” OR “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. WE ARE WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY US FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

Functionality

This Website is dedicated to eradicating childhood hunger in America and to improving health and health-related outcomes for children and their families. The Website provides information related to our efforts, tools to promote those efforts through social media outlets, and opportunities to get more involved in these efforts. The Website also accepts donations.

Payments and Payments Processing; Rules for All Payments

The Website provides you the ability to make a donation. We use Blackbaud Internet Solutions Payment Services, a service of Blackbaud, Inc., to offer a variety of payment processing options. Neither EIF nor Albertsons is affiliated with Blackbaud, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, we expressly disclaim responsibility and liability for all services provided by Blackbaud, including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of Blackbaud Internet Solutions Payment Services. Additionally, since Blackbaud will have access to the information you provide to them when making a donation/payment transaction, we recommend that you closely review their privacy policy – which can be accessed from their Website at www.blackbaud.com.
In addition, you hereby agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; and (2) donations/payment transactions will be charged to the credit or debit card or other paymenet method selected.

Age Acknowledgment

While portions of this Website is intended solely for users who are 13 years of age or older, some portions of this Website may be of interest and value to users who are younger than 13 years of age. Nevertheless, if you are under the age of 18, we encourage you to review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Regardless, you must be 18 years of age or older to make a donation; if you are between under 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to make a donation.

Additional Acknowledgments

In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk. While we have endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Website.

Limited License And Site Access; All Rights Reserved

We hereby grant you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of either EIF or Albertsons, or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or any of the content contained therein; any derivative use of this Website or any content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EIF or Albertsons. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EIF or Albertsons without the respective party’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of EIF’s or Albertsons’ name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of content, if any) retain all right, title, and interest in this Website and any content, features and services offered on this Website, including any and all intellectual property rights. Both Albertsons and EIF (or the respective third party owners of content) reserve all rights not expressly granted herein. Any unauthorized use by you terminates the permission or license granted by these TOU.

Intellectual Property Rights

Copyright
Except as otherwise expressly stated, all content appearing on this Website is the copyrighted work of either EIF or Albertsons or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of EIF and/or Albertsons, and is protected by U.S. and international copyright laws. 

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of EIF or Albertsons, or any applicable third-party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by EIF or Albertsons. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither Albertsons nor EIF warrants or represent that your use of any content or materials displayed on this Website will not infringe rights of third parties.

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of EIF or Albertsons, or one of their affiliates. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of EIF or Albertsons, or one of their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of EIF or Albertsons – as applicable – or their respective owners.

Prohibited Use

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available, or (vii) any use other than the business purpose for which it was intended, is prohibited. 
In addition, in connection with your use of the Website, you agree you will not: 

a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that would constitute hate speech, or otherwise objectionable, or that may invade another’s right of privacy or publicity; 
b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any EIF or Albertsons representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); 

d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; 

e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; 

f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); 

g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; 

h) violate any applicable local, state, national or international law; 

i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; 
j) delete or revise any material posted by any other person or entity; 

k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.hungeris.com, in accordance with the limited license and site access outlined above; 

l) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

m) Harvest or otherwise collect information about others, including e-mail addresses; or 

n) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
 We reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EIF’s sole discretion.

LINKS TO THIRD-PARTY WEBSITES/MATERIALS

This Website contains hyperlinks and/or “widgets” that direct you to other sites owned and operated by parties other than EIF or Albertsons. In regard to information, resources or other materials – including any volunteer opportunities – such hyperlinks and/or widgets are provided only for reference and ease of use. We do not control the websites, information, resources or other materials – including any volunteer opportunities – accessed from such hyperlinks and/or widgets, and you agree that we shall not be held responsible for the content or accuracy of anything on these sites.

Disclaimers

Your use of this website and any content, information, materials, or anything else on or linked from the website are provided on an “as is” or “as available” basis, and EIF expressly disclaims all warranties and conditions with respect to the website, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement of third-party rights. EIF makes no warranty that the website, content, information, materials, or anything else on or linked from the website, including any content, information or materials is accurate, timely, virus-free or error-free.
In addition, while we may provide you with information, contacts or opportunities related to volunteer opportunities, we make no representation or warranty whatsoever whether oral or written, express or implied, as to the appropriateness, worthiness or satisfactoriness of any such volunteer opportunity, and all such volunteer opportunities are provided on an “as is” or “as available” basis.

Limitation of Liability

In addition to the above warranty disclaimers, you understand and agree that either EIF nor Albertsons will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of data or other intangible losses, even if EIF or Albertsons has been advised of the possibilities of those damages. You understand and agree that you use of the website is predicated upon your waiver of any right to sue EIF or Albertsons and its affiliates for any loses or damages resulting from your use of the website. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, any you might have additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless EIF and Albertsons, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in EIF’s or Albertsons’ sole discretion.

Force Majeure

Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices

Any notices to you from us regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

Website Privacy Policy

Our Website Privacy Policy, located at http://www.hungeris.org/privacy-policy/ describes the practices, policies and procedures related to our information and data-gathering, storage and processing for this Website.
Date These Terms of Use were Last Updated: July 15, 2016.

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