Terms of Use
Last updated: May, 2024
1. AGREEMENT TO TERMS
Ukraine Children’s Aid Fund (“UCAF”) is providing this web site (the “Site”) to you subject to the following Terms of Use (“Terms”). These Terms set forth the terms and conditions which apply to your use of the Site. By using the Site, you agree to be bound by the terms and conditions below. If, at any time, the provisions of these Terms are not acceptable to you or if you do not agree to be bound by these Terms, please discontinue your use of the Site.
2. USE OF INFORMATION AND MATERIALS
The information and material contained within this Site, and the terms, conditions and descriptions that appear are subject to change. Unauthorized use of this Site or unauthorized entry into UCAF’s systems or misuse of any information contained within the Site is strictly prohibited. The availability of information and services described on this Site may differ among relationship categories and geographic locations. Your eligibility for information or services described in the Site is subject to UCAF’s approval, in its sole discretion. All information available on this Site (personal, financial or other) is made available for UCAF purposes only. It is considered confidential and private, and should not be forwarded or shared with others. You are hereby authorized to view the information contained in the Site and print pages in the Site for informational, non-commercial purposes only.
3. INTELLECTUAL PROPERTY RIGHTS
Content in the pages, in the screens displaying the pages, and in the information, materials, and other content contained in the Site is owned by UCAF unless otherwise indicated and is protected by U.S. and International copyright laws and treaties. The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes without the express written consent of UCAF.
UCAF claims trademark rights in the UCAF logo as well as other certain other trademarks and service marks contained on this Site. Unauthorized use of all such trademarks and service marks is strictly prohibited.
4. USER SUBMISSIONS
All information submitted to UCAF via this Site shall be deemed and remain the property of UCAF and UCAF shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information you provide UCAF through this Site. UCAF shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing UCAF’s responsibilities and obligations to customers in accordance with UCAF’s Privacy Policy. You agree to provide true, accurate, current and complete information. You warrant and represent to UCAF that you will not use this Site for any purpose that is unlawful, including but not limited to posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material. You agree not to disclose or share your password or site access information to any unauthorized person or for an unauthorized purpose. If you violate any of these Terms, your permission to use this Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any reason, including violation of these Terms.
5. PRIVACY POLICY
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). For information about our data protection practices, please read our Privacy Policy available at https://ukrainechildren.org/terms-of-use/. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our Privacy Policy.
6. NO WARRANTIES
THE INFORMATION CONTAINED IN THIS SITE, INCLUDING TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS ARE PROVIDED “AS IS “. NEITHER UCAF NOR ITS AFFILIATES OR SUBSIDIARIES WARRANTS THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS AND SERVICES ACCESSED ON OR THROUGH THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SITE. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE INFORMATION, MATERIALS OR SERVICES.
7. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL UCAF OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF UCAF OR ITS THIRD PARTY PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
8. TERM AND TERMINATION
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE, ANY OF THE POLICIES, OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use or any of the Policies will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
11. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, members, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use or any of the Policies; (3) any breach of your representations and warranties set forth in these Terms of Use or any of the Policies; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. CALIFORNIA WAIVER
If you are a California resident, you waive California Civil Code 1542, which says: “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.”
14. NEW JERSEY WAIVER
IF YOU ARE ACCESSING THE SITE FROM NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US, AND OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE, SITE CONTENT, ANY SERVICE OR ANY PRODUCTS; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON OUR PART AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
15. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES
The Site may contain third-party owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under our control, and we are not responsible for the content or privacy practices of the Linked Sites.
16. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17. GOVERNING LAW AND JURISDICTION
You agree that your use of the Site shall be governed by all applicable Federal laws and the laws of the State of Maryland without giving effect to any principles of conflicts of law. You expressly agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Baltimore in the State of Maryland. User agrees to hold harmless and reimburse UCAF or any affiliate for any damages, fines or penalties suffered by it or for which it may become responsible as a result of failure to comply with this policy.
18. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us via our Contact Us page at https://ukrainechildren.org/contact.