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TERMS OF USE AND USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Passions & Dreams Funding, Inc-PassionsDreams.org (P&DFI) requires
that all visitors ("you") to its site, PassionsDreams.org,
and its other sites (collectively, the "Sites"), agree to
all of the terms and conditions in this User Agreement ("UA").
By accessing and using the Sites, you indicate your
acknowledgement and acceptance of this UA. As used in this
Agreement, "we," "our," and "us" means P&DFI unless
otherwise indicated.
Who is PassionsDreams.org?
P&DFI is a 501(c)(3) not-for-profit corporation. We at P&DFI aim to
break the cycle of poverty, abuse and homelessness through
providing educational, funding, training and empowerment
resources to women and children at risk by engaging
citizens and corporations in a direct and online
marketplace where women & children at risk describe what
their passionate dreams in life are (related to food,
shelter, clothing, education, career trainer) and
individuals and corporations can fund the realizing of
some of the dreams. The Sites provide you with access to
an online collection of information, materials and
services related to P&DFI and its work, including text,
pictures, photographs, audio and video, graphics, logos,
marks and images (collectively, "Content"), as well as
software used in accessing the Sites, displaying the
Content, and utilizing the functionality offered through
the Sites ("Software"), all of which are subject to this
UA. Unless stated otherwise, any new Content and Software
added to the Sites and all revisions, modifications, and
enhancements to the Sites, the Content or the Software
will be covered by this UA effective upon the date of each
such addition.
Eligibility.
Use of the Sites is void where prohibited. By using the Sites, you
represent and warrant that (1) all information you submit
is truthful and accurate; (2) you are 18 years of age or
older or have received parental consent and supervision
when using the Sites; and (3) your use of the Sites does
not violate any applicable law or regulation. Your use of
the Sites may be terminated without warning if we believe
you are in violation of any of these conditions.
Binding Agreement.
By using any Site, you agree to be bound by this UA, whether you
are a visitor, woman, child or Donor. The use of the Sites
(including, without limitation, photographs or images), by
you, or anyone else authorized by you, is prohibited
except as allowed by this UA. There are specific terms of
use applicable to Donors and Teachers, which are described
below.
P&DFI's Privacy Policy is a Part of this Agreement.
We are committed to protecting the privacy of any personal
information you may provide to us when you use the Sites.
Please see our Privacy Policy for details. This UA
includes and incorporates by reference P&DFI's
Privacy Policy. By accepting the terms of this UA, you
agree to abide by the terms of this Privacy Policy.
Our Proprietary Materials.
We welcome you to our Sites and we invite you to use it within the
following rules:
1. You may use the Sites, Content and Software solely as and for
the purposes stated on the Sites and as described in this
UA.
2. You may make one copy of relevant Content for your
non-commercial use only, provided you do not delete or
change any copyright, trademark, or other proprietary
notices. Beyond that, no text, logo, graphic, sound,
image, photograph or Software published on or underlying
the Sites may be copied, modified, published or otherwise
distributed or used without the prior express written
permission of P&DFI.
3. 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, hyperlink to, promote, frame, download,
cache, store for subsequent use, create derivative works
from, transfer, or sell any information or Content
displayed on or obtained from the Sites, in any manner,
without your receipt of the prior written authorization of
P&DFI.
4. You may not resell, decompile, reverse engineer, disassemble, or
otherwise convert the Software underlying the Sites to a
human perceivable form.
The information on the Sites, the design and layout of the Sites,
the Content and Software contain elements protected by
trade dress, copyright, or other laws, and may not be
copied or imitated in whole or in part, except as
specifically stated on the Sites or in this UA. All
Content, Software and materials on and underlying the
Sites are copyright (c) 2007 PassionsDreams.org, Inc. or
are licensed or otherwise used by P&DFI with permission.
Except where noted otherwise, all rights to these
materials, artwork and logos are reserved by P&DFI or
their respective owners. "PassionsDreams.org", the
PassionsDreams.org logo, "Passions & Dreams Genie" , "
"Help Make A Dream Come True" "Building Lives Through
Building Bridges", "$1 Dollar Donation" "$1 Dollar Can
Make Dreams Come True",. "Jump-Start Your Life" , "Passions
& Dreams Funding, Inc®" "Passions+ Dreams=Success®,"
"Turning Passionate Dreams Into Reality®," "Genie The
Dream Weaver®"," Passions & Dreams Collage®", "Love, Faith
& Hope Jewelry®"
are trademarks and service marks of PassionsDreams.org,
Inc., & AnJak Communications, Inc which reserves all
rights to its marks and logos. Individuals appearing on
the Sites do so with permission; names and photographs of
individuals may not be copied, downloaded or otherwise
used.
All Site Content and functionality, and all Software underlying the
Sites, may be changed or updated by us from time to time,
without notice. Although P&DFI cannot monitor the conduct
of users of the Sites, it is a violation of this UA to use
the Sites or any information obtained from the Sites in
order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit or sell to any
person featured on the Sites. Any unauthorized use of the
Sites, the Content or Software may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
applicable regulations and statutes.
Disclaimers.
We make reasonable efforts to provide a Site that is safe and
accurate, but can make no warranties. P&DFI retains the
right to restrict use of the Sites, in any manner it deems
appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE
CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND
SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. P&DFI EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. P&DFI
MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE
ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE;
(ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL P&DFI, ITS EMPLOYEES, AGENTS, AFFILIATES,
DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS,
ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
SITES (COLLECTIVELY "P&DFI AND ITS AFFILIATES") BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF
DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF
ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR
INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS
PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE P&DFI AND
ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT
FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE
SITES.
YOU UNDERSTAND AND AGREE THAT P&DFI AND ITS AFFILIATES WILL NOT BE
LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY
IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT
OR NETWORK FAILURE WHATSOEVER, AND THAT P&DFI AND ITS
AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES
OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS
NEGLIGENCE BY P&DFI OR AN AUTHORIZED P&DFI REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
BOTH.
P&DFI neither warrants nor represents that your use of Content,
Software or any other materials displayed on the Sites
will not infringe rights of third parties.
Third Party Websites.
The Sites may provide links to other websites ("Linked Sites") as a
convenience to you. Such Linked Sites are not maintained
by P&DFI, thus P&DFI is not responsible for the content,
products, services or policies or activities of those
Linked Sites. The inclusion of any link to such Linked
Sites does not imply endorsement by P&DFI of the Linked
Sites.
Third Party Websites Seeking to Hyperlink to the Sites.
We welcome appropriate hyperlinks to our Sites. By publishing a
hyperlink to our Sites on your website, you warrant that
the content of your website is appropriate and consistent
with the stated purposes of the Sites and P&DFI. If this
is not the case, please do not link to any Site. P&DFI
reserves the right to rescind the right to link to its
Sites at its sole discretion.
Use of any P&DFI trademark, service mark or other intellectual
property or content provided by P&DFI for a hyperlink to a
Site is permitted and licensed by P&DFI solely for the
purposes described on the Sites, and you shall not
otherwise copy, modify, publish, use or distribute such
trademarks, service marks or other intellectual property
or content. Upon request by P&DFI, you shall immediately
remove any hyperlink to the Sites, and discontinue use of
any trademarks, service marks or other intellectual
property or content provided by P&DFI.
Making Donations through P&DFI.
P&DFI is a non-profit marketplace that brings Donors together with
Women and Children at risk in order to help show women and
children at risk the ways to realize their passionate
dreams in life , 100% of each donation made through P&DFI
goes directly to help provide and fund the charitable
program for which it was given.
Included in the "material cost" (the price of the project exclusive
of a fulfillment donation to P&DFI operations) are:
shipping charges, sales tax, credit card processing fees
(regardless of payment method), and the cost of a
disposable camera and photo processing. All Donors are
subject to the specific Donor terms described below.
All donations are tax deductible to the fullest extent allowed by
law. You may view a copy of our annual financial
statements and federal tax return online by clicking on
the links or you can obtain them by writing to:
PassionsDreams.org
Attn: Chief Financial Officer
468 N.
Camden
Drive, #200
Beverly Hills.
Ca. 90210
State Fundraising Notices
Although our financial report is always sent free to anyone
requesting a copy, certain States require us to advise you
that a copy of our financial report is available from
them.
Registration with the Secretary of State or Attorney General of
California and any state does not imply endorsement by
such body.
Special Provisions Relating to Donors
Thank you for your interest in funding or donating
products/services towards our projects at
PassionsDreams.org. By clicking the "I Agree" button
during the sign-up process for donations, the following
additional terms of the UA apply to those users who sign
up for a donor account and/or donate to a project on the
Sites ("Become a Bridge").
Donor Representations
By applying to become a Donor, you promise that:
1. You are a
U.S. citizen at least 18 years old or if under 18 years
old are acting with parental consent and under parental
supervision;
2. All information you provide to P&DFI is accurate, and you will
update the information to keep it accurate; and
3. Any donation you make is legal in your jurisdiction.
If you create a Donor gift registry account enabling you and others
to contribute funds for a specific project in honor of a
named person (for example, contributing funds to honor
someone's birthday, anniversary or other special event),
you represent that you have permission of the named person
(or permission of their parent, if a minor) to provide
their name and other required information for display to
prospective donors and other users on the Sites.
Donor Responsibilities
You will be responsible for the use and maintenance of the
confidentiality of your user ID and password (which you
will receive upon completing the process of registering as
a Donor) for access to Donor-restricted portions of the
Sites, and shall not share your ID and password with
anyone else. You agree not to use the account, username,
or password of another Donor or Teacher at any time or to
disclose your password to anyone else. You agree to exit
from your account at the end of each session and to
immediately notify P&DFI of any unauthorized use of your
password or account. You are solely responsible for any
and all use of your account and for any actions that take
place using your account. All suggestions and comments you
provide become the intellectual property of P&DFI.
In addition to the rights of P&DFI described elsewhere in this UA,
you agree that descriptions of the proposed activity, the
photographs of students and the thank-you notes, and other
materials that P&DFI may send you regarding each project
you fund are solely for your personal, non-commercial use
and may not be distributed, displayed or copied in any
way. Recognizing the critical importance of these
restrictions in protecting the rights and privacy of the
participants, you agree that any breach by you of any of
these restrictions may cause P&DFI and others to suffer
irreparable loss, damage and harm in an amount not easily
ascertained, and therefore agree that P&DFI may
immediately seek an injunction against you to stop your
distribution, display, or copying of any such materials
and you waive any objection to the scope or venue of such
an action.
Services Provided by P&DFI
We review, verify and calculate the cost of each woman & Student
request before we post it on the Sites for Donors to view.
Our efforts include, but are not limited to, screening the
proposed dream for compliance with the PassionsDreams.org
eligibility requirements, restricting women and student to
addresses that have been provided by the school system,
Youth Organization, shelter and such as correct locations,
confirming the existence of requested materials, and
determining a cost for the request. Whenever practical, we
disburse funds directly to the service/product provider of
the necessary materials ourselves and arrange for them to
be delivered to the woman or child. For donations of $100
or more, or for lesser donation amounts which fully fund a
project or complete the funding of a project, we arrange
to the best of our ability for a woman or child letter,
photographs of the completed dream and thank-you notes to
be sent to the Donor(s) after completion of the funded
dream/project.
Sometimes the specific components included in a woman or child
dream change after we receive your donation. In the
unusual case that this happens, P&DFI will review the
woman and child's modified request/dream. If our review
determines the modified request/dream is reasonably
similar to the woman and child's original request/dream,
we will make a determination to continue the funding of
the request/dream.
We take reasonable steps to protect the privacy of any personal and
financial information you may provide to us when you
donate through the Site as described in our Privacy
Policy.
P&DFI reserves the right to exclude any Donor from use of the
Sites, in P&DFI's sole discretion. All directions and
requirements stated on the Sites regarding Donors or
donations shall apply to any donation offered or made by
you.
Disclaimers
P&DFI cannot be responsible for the success of any proposed or
funded request/dream or for the activities (or lack
thereof) of the woman and or child participating in any
proposed or funded request/dream.
P&DFI reserves the right to reject any or all request/dreams
submitted to it.
Special Provisions for Teachers, Organization and other
agencies.
Thank you for your interest in submitting a wish/request/dream site
as for a PassionsDreams.org "Help Make A Dream Come True". By
clicking the "I Agree" button during the process to sign
up for funding proposals, the following additional terms
of the UA apply to those users who sign up for a teacher
account and/or to post a teacher funding proposal on the
Sites ("Teachers"):
Woman & Child
By submitting a request/dream, you promise that:
1. The activity you propose is legal and falls within the standards
of your state and city; all information you provide to P&DFI
is accurate, and you will promptly update the information
to keep it accurate;
2. Any request/dream proposals you submit are solely for you and
your family and are not on behalf of any other individual
or entity;
3. You have full rights to any ideas, descriptions and materials
you submit to P&DFI, and that you (and not P&DFI) are
solely responsible for such submission, including its
legality and appropriateness, and that all such materials
are your original creations and use by P&DFI will not
infringe on any rights of any third party.
4.If You are a licensed teacher, librarian, guidance counselor,
coach or other public school or organization employee
directly serving women and children at risk (review
our teacher eligibility guidelines) and currently
employed at the school, organization and or entity you
note; and
Your User Submissions and Conduct
(the wish Videos can be be submitted through YouTube or via email
to Passions & Dreams Funding, Inc.. and will be featured
on both sites.. we need this to cover us both)
A. As a YouTube account holder you may submit video content ("User
Videos") and textual content ("User Comments"). User
Videos and User Comments are collectively referred to as
"User Submissions." You understand that whether or not
such User Submissions are published, YouTube & P&DFI does
not guarantee any confidentiality with respect to any User
Submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent,
and/or warrant that: you own or have the necessary
licenses, rights, consents, and permissions to use and
authorize YouTube & P&DFI to use all patent, trademark,
trade secret, copyright or other proprietary rights in and
to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by
the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your
User Submissions. However, by submitting User Submissions
to YouTube, & P&DFI you hereby grant YouTube& P&DFI a
worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User
Submissions in connection with the YouTube & P&DFI
Website and YouTube's & P&DFI (and its successors' and
affiliates') business, including without limitation for
promoting and redistributing part or all of the YouTube&
P&DFI Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby
grant each user of the YouTube & P&DFI Website a
non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute,
display and perform such User Submissions as permitted
through the functionality of the Website and under these
Terms of Service. The above licenses granted by you in
User Videos terminate within a co& P&DFI commercially
reasonable time after you remove or delete your User
Videos from the YouTube & P&DFI Service. You understand
and agree, however, that YouTube & P&DFI may retain, but
not display, distribute, or perform, server copies of User
Submissions that have been removed or deleted. The above
licenses granted by you in User Comments are perpetual and
irrevocable.
D. In connection with User Submissions, you further agree that you
will not submit material that is copyrighted, protected by
trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material
and to grant YouTub & P&DFI e all of the license rights
granted herein.
E. You further agree that you will not, in connection with User
Submissions, submit material that is contrary to the
YouTube Community Guidelines, found at
http://www.youtube.com/t/community_guidelines,
which may be updated from time to time, or contrary to
applicable local, national, and international laws and
regulations.
F. YouTube & P&DFI does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and
YouTube & P&DFI expressly disclaims any and all liability
in connection with User Submissions. YouTube & P&DFI does
not permit copyright infringing activities and
infringement of intellectual property rights on its
Website, and YouTube & P&DFI will remove all Content and
User Submissions if properly notified that such Content or
User Submission infringes on another's intellectual
property rights. YouTube & P&DFI reserves the right to
remove Content and User Submissions without prior notice.
Teacher, Organization and agency Responsibilities
You will be responsible for the use and maintenance of the
confidentiality of your user ID and password for access to
Teacher,
Organization and agency restricted portions of
the Sites, and shall not share your ID and password with
anyone else. You agree not to use the account, username,
or password of another Member at any time or to disclose
your password to anyone else. You agree to only have one
account; please note that multiple accounts are
prohibited. You agree to exit from your account at the end
of each session and to immediately notify P&DFI of any
unauthorized use of your password or account. You are
solely responsible for any and all use of your account and
for any actions that take place using your account.
In addition to the rights of P&DFI described elsewhere in this UA,
you agree that descriptions of the proposed activity, the
photographs of students and the thank-you notes, and other
materials that P&DFI may send you regarding each
request/dream you fund are solely for your personal,
non-commercial use and may not be distributed, displayed
or copied in any way. You agree to provide student
thank-you notes that do not contain any of the personal
information that will identify the student. Recognizing
the critical importance of these restrictions in
protecting the rights and privacy of the participants, you
agree that any breach by you of any of these restrictions
may cause P&DFI and others to suffer irreparable loss,
damage and harm in an amount not easily ascertained, and
therefore agree that P&DFI may immediately seek an
injunction against you to stop your distribution, display,
or copying of any such materials and you waive any
objection to the scope or venue of such an action.
From time to time, P&DFI or a third party on P&DFI's behalf may
send you emails regarding important information regarding
your use of the Sites. Even if the electronic
communication system that sends such emails to your
account contains an "opt-out" feature, you acknowledge and
agree that it is your responsibility to be aware of the
information contained in these emails.
Rights You Grant to P&DFI
While you retain ownership in the works you create such as the
request/dream submissions (except for the photographs you
take, as discussed below), as to all information or
materials created by you and communicated or submitted to
P&DFI through the Sites and all materials (except for the
photographs) which you send to P&DFI after the completion
of the request/dream, you hereby grant to P&DFI a
perpetual, irrevocable, worldwide, non-exclusive, fully
paid and fully sublicensable license to use the submission
and project materials, and portions thereof, in
furtherance of P&DFI's purposes and activities and to
promote P&DFI and its programs, in any medium, and P&DFI
may copy, publish, display, create derivative works and
make other uses of the submission and project materials
(in whole or in part) and license others to do the same,
for P&DFI's purposes, whether or not your proposal is
funded.
P&DFI reserves the right to exclude any person/entity from use of
the Sites, in P&DFI's sole discretion.
Your Responsibilities Should Your Request/Dream Be Funded/Granted
If your request/dream is approved by P&DFI (in P&DFI's sole
discretion), posted on a Site and funded, you agree to use
the materials or resources received solely as stated in
the proposal and in a manner directed by P&DFI. You agree
that resources will be used by you or to provide a
student/community of your organization the experience as
described in your request/dream. You agree to provide to
the needy community for whom you submitted the
request/dream for will engage in the activity with a P&DFI
Approval Notice as provided by P&DFI, and to exert
reasonable efforts to ensure that each individual/child
returns the Approval Note signed by their parent or legal
guardian. Regardless of how many activities P&DFI funds/grabts
for your class/organization each year, only one Approval
Note per person,, per school year, per woman, per child,
per organization need be collected.
You will make a reasonable effort to take photos of
woman/child/students who have returned a signed P&DFI
Approval Note and shall provide each signed Approval Note
to P&DFI upon request. You agree that only women and
children/students who have provided signed Approval Notes
will be included in the photographs of the activity that
you submit to P&DFI. You will use P&DFI's funded resources
and materials only for the request/dream P&DFI has
approved, and agree to follow all other instructions as
provided or directed by P&DFI regarding the funded
request/dream. You understand that the promptness and
thoroughness with which you return the photographs and
thank-you notes may effect how many requests/dreams you
are allowed to submit in the future. Please see How Points
are Earned and Benefits Gained.
Disclaimers
P&DFI will not be required to treat any Submission or
Request/Dreams as confidential.
Termination
You may terminate this UA by destroying all materials obtained from
the Sites, canceling your Donor or woman or child account,
as applicable, and stopping all use of the Sites. P&DFI
may terminate this UA immediately at will for any reason,
in its sole judgment, without warning or prior notice.
Upon termination, you must destroy all materials obtained
from the Sites and stop all use of the Sites.
Miscellaneous
This UA is governed by the laws of the State of
California, USA and controlling United States federal law
without regard to its choice of law or conflicts of law
provisions. You agree that any action to resolve or
enforce any dispute or arbitration award regarding use of
the Sites or this UA will be brought exclusively in the
federal or State courts located in
Beverly Hills,
California. If any provision is deemed by a court of
competent jurisdiction to be unlawful or unenforceable, it
will not affect the validity and enforceability of the
remaining provisions. The section headings are for
convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE
ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site
shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American
Arbitration Association to be heard and adjudicated by one
arbitrator to be mutually chosen by you and P&DFI. Any
such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in
Beverly Hills, California, and claims regarding the
judgment of the arbitrator (including entry of judgment on
the arbitration award) may be brought and shall be subject
to the exclusive jurisdiction of the State and federal
courts located in Beverly Hills, California, and you waive
any jurisdictional, venue, or inconvenient forum
objections to such courts. Either you or P&DFI may seek
any interim or preliminary relief from a state or federal
court of competent jurisdiction in Beverly Hills,
California, as may be necessary to protect the rights or
property of you or P&DFI pending the completion of
arbitration.
Indemnification
You agree to indemnify and hold P&DFI and its Affiliates harmless
from and against any and all loss, liability, claims,
causes, actions, damages or penalties, including
reasonable attorneys' fees, made by any third party due to
or arising out of: (1) your use of any Site in breach or
violation of any term of this UA; (2) your violation of
any law or regulation; (3) breach of your representations
and warranties as set forth herein; or (4) any content you
provide to P&DFI.
Contact
P&DFI
If you have any questions about the Sites or this UA, you may
contact us via e-mail at
contact@passionsdreams.org
We are always glad to hear your questions and comments.
Entire Agreement
This UA, including the terms specifically applicable to Donors and
Women & Children, and other policies and notices P&DFI may
post on the Sites necessary for access to Donor and Women
& Children portions of the Sites, constitute the entire
agreement between P&DFI and you in connection with your
use of the Sites, hyperlinks to the Sites and the Content
and Software displayed on the Sites, and supersedes any
prior agreements between P&DFI and you regarding such
matters, including prior versions of this UA. P&DFI may
update this UA from time to time by posting revised
versions of this UA on the Sites, without notice to you
except that the effective date at the top of this UA will
change and your subsequent use of the Site is governed by
that new UA. The terms of this UA are effective until
terminated by P&DFI, at any time without notice. In the
event of termination, the disclaimers, limitations of
liabilities and indemnities set forth in this UA will
survive.
This User Agreement was last updated on 04/09/2008
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