your acknowledgement and acceptance of this ua. As used in this Agreement, "we," "our," and "us" means P&DF unless otherwise indicated.
Who is PassionsDreams.org?
P&D is a 501(c)(3) not-for-profit corporation. We at P&DF 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&D 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.
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.
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&DF.
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&D with permission. Except where noted otherwise, all rights to these materials, artwork and logos are reserved by P&D 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 of Dreams®", "Genie The Dream Weaver®"," Passions & Dreams Collage®", "Love, Faith & Hope Jewelry®", "The Sky's The Limit®", "Gang of Hope®", "Building Lives Through Building Bridges®" including it's logo, are trademarks and service marks of Passions & Dreams Funding, Inc., & OR 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&DF 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.
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&DF 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&DF 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&D, 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&D 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&D 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&D 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&D 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&D OR AN AUTHORIZED P&D REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
P&DF 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&D, thus P&D 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&DF 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&D. If this is not the case, please do not link to any Site. P&D reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any P&DF trademark, service mark or other intellectual property or content provided by P&D for a hyperlink to a Site is permitted and licensed by P&D 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&D, 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&DF.
Making Donations through P&DF.
P&DF 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&DF 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&DF 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:
9461 Charleville Blvd, Suite #423
Beverly Hills. Ca. 90212
Attn: Chief Financial Officer
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").
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&D 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.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (IF ASSIGNED) 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&D 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&DF.
In addition to the rights of P&DF described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of children, students thank-you notes, and other materials that P&D 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&D and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that P&D 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&DF
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&DF 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.
P&D reserves the right to exclude any Donor from use of the Sites, in P&D'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.
P&D 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&D 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&DF 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&DF, and that you (and not P&DF) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by P&D 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 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)
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&DF 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&DF 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&DF you hereby grant YouTube& P&DF 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&DF Website and YouTube's & P&DF (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the YouTube& P&DF Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube & P&D 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&DF commercially reasonable time after you remove or delete your User Videos from the YouTube & P&D Service. You understand and agree, however, that YouTube & P&D 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&D 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&DF does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouTube & P&DF expressly disclaims any and all liability in connection with User Submissions. YouTube & P&DF does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouTube & P&DF 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&DF 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&DF 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&D 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&D 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&D and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that P&D 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&DF or a third party on P&D'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&DF
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&D through the Sites and all materials (except for the photographs) which you send to P&D after the completion of the request/dream, you hereby grant to P&D a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sub licensable license to use the submission and project materials, and portions thereof, in furtherance of P&D's purposes and activities and to promote P&DF and its programs, in any medium, and P&DF 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&D's purposes, whether or not your proposal is funded.
P&DF reserves the right to exclude any person/entity from use of the Sites, in P&DF's sole discretion.
Your Responsibilities Should Your Request/Dream Be Funded/Granted
If your request/dream is approved by P&DF (in P&DF'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&DF. 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&DF Approval Notice as provided by P&D, 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&D 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&DF Approval Note and shall provide each signed Approval Note to P&DF 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&DF. You will use P&D's funded resources and materials only for the request/dream P&D has approved, and agree to follow all other instructions as provided or directed by P&DF 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.
P&D will not be required to treat any Submission or Request/Dreams as confidential.
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&DF 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.
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&DF. 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&DF 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&DF pending the completion of arbitration.
You agree to indemnify and hold P&DF 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&DF.
If you have any questions about the Sites or this UA, you may contact us via e-mail at firstname.lastname@example.org We are always glad to hear your questions and comments.
This UA, including the terms specifically applicable to Donors and Women & Children, and other policies and notices P&DF may post on the Sites necessary for access to Donor and Women & Children portions of the Sites, constitute the entire agreement between P&D 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&DF and you regarding such matters, including prior versions of this UA. P&D 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&DF, 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 4/09/2014