TERMS & CONDITIONS

Last updated: May 1, 2009

THE FOLLOWING TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING THE ABBEY’S HOPE CHARITABLE FOUNDATION WEB SITE, www.abbeyshope.org. PLEASE READ THEM CAREFULLY.

1. Acceptance of Terms. Abbey’s Hope Charitable Foundation Web site, www.abbeyshope.org, including all site-related content and services therein (the “Site”), are provided by and are the property of Abbey’s Hope Charitable Foundation (“AHCF,” “we” or “us”). Use of the Site is subject to compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplements any additional guidelines or other terms posted by AHCF on the Site in relation to specific site-related services or content.

We reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to the Site. Visitors to the Site (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Agreement. By using the Site, you agree to be bound by the version of the Terms of Use then in effect. AHCF may deny service to you at any time and in its sole discretion, in the event you do not adhere to the Terms of Use or any applicable Site guidelines.

2. Registering with AHCF; Use of Certain Features.(a) Registering with AHCF. AHCF welcomes anyone to review, read and use the Site. But in order to post comments or provide any other user-generated content and various other content, we may require you to register with the Site and, in some cases, create an account and password.

If you register with AHCF, you agree to provide and maintain accurate, current and complete information about yourself. As part of the registration process, you may be asked to select a username and password, or one may be automatically provided for you (this can be changed at any time). You agree not to select a username that impersonates someone else or otherwise violates someone else’s rights. You are responsible for the confidentiality and use of your username and password and agree not to transfer your account to another party. If you become aware that your account is no longer secure, please notify us and change your password.

(b) Use of Certain Site Features. We welcome both registered guests and non-registered guests to sign up or use certain other features made available through the Site from time to time. Whether or not you are registered with a Site, we may require you to provide your email address and or postal address to sign up for these features. By signing up for a particular feature, you become subject to the rules governing that feature.

3. Submissions. We welcome you to post comments and ideas to the Site, subject to your agreement to comply with the Terms of Use. Please be aware that in order to operate the Site, we require certain rights in those materials. So, by posting to the Site or otherwise transmitting comments, ideas or other information (collectively, “Submissions”) to us, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any visitor of the Site to access, display, view, store and reproduce such Submissions for personal use.
You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content unless otherwise noted in the submission form. If we republish your content, we may provide authorship credit by listing your name as well. You also acknowledge and agree that we may do one or all of the following: A) monitor the Submissions; B) alter, edit, or remove any Submission; or C) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.

4. Abbey’s Community Rules. AHCF blogs and forums are designed to encourage discussion on topics related to AHCF’s Mission, including child safety. While the Site is focused on issues and policies related to promoting our Mission and child safter, we welcome a broad range of viewpoints. We have adopted the following set of “Abbey’s Community Rules” to ensure a forum where information and views can be shared in a productive and civilized way. While using the Site, you agree to follow the Abbey’s Community Rules.

You agree to:

  • Respect other Site users. Please do not threaten, abuse, intimidate or harass other Site users.
  • Use the Site for noncommercial use only. Posting entries solely to promote your own commercial ventures is strictly prohibited.

You agree not to:

  • Post any content or provide links to any content that endorses or opposes a particular political party or candidate for office.
  • Post any private information or otherwise harvest, collect or disclose information, about another Site user without his or her express consent.
  • Post any content to the Site that is unlawful, racist, libelous, defamatory, obscene, or harasses particular individuals or groups.
  • Post any content to the Site that infringes any third-party’s intellectual property or other rights.
  • Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability.
  • Use the Site for advertisements, chain letters, “spamming,” survey solicitations, junk mail or solicitations. We are not free advertising.
  • Impersonate any person or entity, including any AHCF volunteer, employee, officer or director, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Imply that AHCF endorses any of your statements or positions.
  • Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or Web bugs) through or to the Site, or otherwise “hack” or deface any portion of the Site.
  • Frame or mirror any part of the Site without our prior written authorization.
  • You acknowledge AHCF has the right, but not the obligation, to modify or remove any Submissions that violate Abbey’s Community Rules or that otherwise violate the Terms of Use.

5. AHCF’s Proprietary Rights and Re-Use Policy.
You acknowledge and agree that the information and materials presented on or through a Abbey’s Hope Site will remain the property of AHCF and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by AHCF (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by AHCF are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by AHCF.

The trademarks, service marks, logos and trade names displayed on the Site (collectively the “Marks”) are the registered and unregistered trademarks of AHCF and/or AHCF’s licensors and suppliers, and others. All Marks on the Site not owned by AHCF are the property of their respective owners. The Marks owned by AHCF, whether registered or unregistered, may not be used in connection with any product or service that is not AHCF’s.

6. General Re-Use Policy
You may copy reprint, publish, reproduce, or otherwise display materials created by AHCF and made available through the Site (collectively, the “Abbey’s Hope Works”) for noncommercial purposes on the condition that you attribute those materials to AHCF as applicable, and provide a link to the Site (www.abbeyshope.org). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its byline, if applicable, under the following heading:“This [material] [article] was created by Abbey’s Hope Charitable Foundation, www.abbeyshope.org.”

You can usually tell that a work is an “Abbey’s Hope Work” because it has a byline, tagline or other attribution as such. “Abbey’s Hope Works” do not include any materials posted on or through the site that do not include such an attribution (such as an article by an outside contributor or a music/audio/video file). If you are uncertain whether a work is an Abbey’s Hope Work, please contact us. Please contact the author of works published on AHCF that are not Abbey’s Hope Works for permission to re-use such works.

7. Limit on Use
Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by AHCF.

You may not make any editorial changes to any Abbey’s Hope Works or other articles or materials on the Site without first receiving express permission from AHCF.

If any of these terms is breached, we reserve the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.

8. Information Available on or Through the Site. Certain information made available on or through the Site is provided by third parties (such as news services) or other nonprofit organizations (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by AHCF. AHCF is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.9. Links. The Site provide links to other websites and resources. Because AHCF has no control over these sites and resources, you acknowledge and agree that AHCF does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. AHCF is providing these links to you only as a convenience. AHCF has the right, but not the obligation, to block links from or to the Site at any time.

10. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by AHCF infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:

By mail:
Abbey’s Hope Charitable Foundation
5021 Vernon Ave., Suite 164
Edina, Minnesota 55436

By e-mail:
info@abbeyshope.org

11. Privacy Policy. All information provided by you or collected by us during visits to the Site (including when you register or sign up to use certain features) is governed by AHCF’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here.Please be aware that if you decide to disclose personally identifiable information on forums open to other site visitors, this information may become public. We do not control the acts of other visitors to the Site, so please be cautious when deciding to reveal personal information on the Site. If you believe a visitor is improperly collecting or using information about you or other users, please contact us at info@abbeyshope.org.

12. Jurisdictional Issues. The Site is controlled and operated by AHCF from its principal office in Minnesota, U.S.A., and is not intended to subject AHCF to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Site do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.

13. Termination. You agree that AHCF, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including if AHCF believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that AHCF will not be liable to you or any third party for any termination of your access to the Site.

14. Disclaimers. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AHCF DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE.

The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including Abbey’s Community Rules). Additionally, the possibility exists that a third party could make unauthorized alterations to the Site, Content or Services. Although we attempt to ensure the integrity of the Site, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.

15. Limitation of Liability. NEITHER AHCF NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

16. Indemnification. You agree to defend, indemnify and hold harmless AHCF and our affiliates and their respective directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from any violation of these Terms of Use by you or any allegation that any Submissions or other materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.

17. Miscellaneous. This Terms of Use is governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the State of Minnesota, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to AHCF or the Terms of Use. If any provision of the Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. AHCF may assign its rights and obligations under the Terms of Use. The Terms of Use, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

18. Questions. If you have any questions or feedback about this Terms of Use, feel free to contact us at info@abbeyshope.org or write to us at:
Abbey’s Hope Charitable Foundation
5021 Vernon Ave., Suite 164
Edina, Minnesota 55436