Terms and Conditions
Effective Date: April 4, 2017
This website, located at www.honored.org (“Website”) is provided by Honored Foundation (“Honored” or “we”).
Questions? Copy of this Agreement? Contact us at firstname.lastname@example.org.
Term and Termination
Website Ownership and Content
The Website and its materials, text, images, files, scripts, computer code, designs, photographs, audio and video material, databases, user interfaces, visual interfaces, presentations, graphics, button icons, pictures, URLs, technology, software, and overall “look and feel” as well as trademarks, logos, and service marks (collectively the “Content”) are owned, controlled, and licensed by Honored or its licensors. All right, title, and interest in and to the Content and the Website are the property of Honored or certain other third parties and protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Subject to this Agreement, Honored grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your personal, non-commercial use only in accordance with the terms and conditions set out in this Agreement. Any rights granted hereby are expressly limited, and Honored does not grant any implied right to you or any other person and does not transfer or assign any ownership of intellectual property interest or title in or to the Website or Content to you or anyone else. Accordingly, your unauthorized use of the Website (including any Content) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
You agree that Honored may immediately and, without any notice to you, suspend or terminate the availability of the Website or Content for any violation of this Agreement without any liability to you. You further agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited.
Security and Enforcement
Honored reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Website (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Website. Honored may share any User Information Honored obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. Honored will also disclose User Information as required by any court order and/or subpoena.
You may be required to register to use the Website. Each registration is for a single user only, unless otherwise expressly agreed upon by Honored. Registration for access to and use of the Website may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Honored in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Honored, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Website, including being held responsible for any and all activity occurring through your username and password (and the related account access). You shall immediately notify Honored if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password.
Content You Submit
By using the Website and posting, uploading, publishing, distributing, or transmitting information such as award nominations or submissions, pictures, reviews, messages, content, or other personal information (collectively, “User Generated Content”) on the Website or other Honored-sponsored forums, blogs, social networking sites, or other communities, you grant Honored a perpetual, unrestricted, unlimited, irrevocable, worldwide right and license to use, copy, redistribute, re-sell, or transmit any portion of such User Generated Content. You agree to waive any and all rights to such User Generated Content, except as prohibited by law. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content does not infringe on the rights of, and would not cause harm to, any third parties.
In addition, you acknowledge and agree that Honored has the right to remove the User Generated Content and to involve the legal authorities regarding such User Generated Content. You agree to respect the thoughts, opinions, and rights of others and you further represent that your User Generated Content does not threaten, abuse, or harm others, and does not include any unlawful comments that are connected to race, national origin, gender, sexual orientation, or physical disability. Your User Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. You give Honored the sole right to suspend, terminate, limit, or remove your right to use the Website for violation of the foregoing.
Notice and Take-Down Procedures; Copyright Agent
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Honored by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Honored may find it on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Karen Sonneborn | email@example.com
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF HONORED TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HONORED IN CONNECTION WITH THE TRANSACTIONS THAT UNDERLIE THE CLAIM. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Links to Other Websites
This Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Honored expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the services provided by, available through, or advertised on these third-party websites. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website. If you decide to access any of the third party websites linked to this Website, you do so at your own risk.
Electronic Signatures and Agreements
You acknowledge that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY HONORED. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
This Agreement constitutes the entire agreement between you and Honored and supersedes any prior version of this Agreement. If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be effected thereby and shall continue in full force and effect. Honored reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them. Except as expressly set forth in this Agreement, no failure or delay by you or Honored to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy.
© 2017 Honored Foundation or its licensors. All Rights Reserved.
Effective Date: April 4th, 2017
What information do we collect?
When you use our website, you may voluntarily provide personal information, including your name or email address. As a student, you may also provide personal information about your teacher, your school, and your experience with your teacher when you submit a teacher nomination (or when a parent does so on your behalf). Donors to Honored may also provide personal information when submitting a donation.
If you are a teacher and you do not want Honored to continue to use personal information that has been submitted about you, please see the Updating Your Information section below.
What do we use your information for?
When you voluntarily provide us with personal information, we may use it, for example, to:
- Carry out our mission, including by verifying the identity of teachers that have been nominated and awarding prizes;
- Communicate with website visitors, students and/or parents, nominated teachers, and writers who prepare content for our website;
- Maintain, operate, customize, and improve the website;
- Respond to requests for information;
- Provide updates, surveys, and other content that may be of interest to you;
- Engage in statistical analysis, research, and other analytical activities;
- Monitor the website for compliance with our terms of service and the law; and
- Carry out other purposes as disclosed at the time of collection.
How is information shared?
We may share personal information:
- With your consent or as disclosed to you;
- With writers or other third parties who develop content for the website, including developing features about students and teachers;
- With third party service providers that assist us, such as to process donations, send mailings, or to help operate the website;
- With selected third parties to provide information or offers that may interest you;
- Pursuant to a court order, subpoena, warrant, or when otherwise required by law, or in response to a government inquiry; and
- To protect our rights and the rights or safety of third parties, including to protect the security and integrity of the website.
We may share technical information, as well as any other information that has been de-identified so that it does not identify you personally, without restriction.
Additionally, we may make teacher nominations publicly available on our website, and may use this information in other media with consent.
Updating Your Information
If you have questions about updating the personal information that you have provided to us, or if you would like to request that we delete your personal information, please contact us at firstname.lastname@example.org.
Honored understands the importance of protecting the personal information of children under 13. If you are under 13, please do not submit any information to this website without the help of a parent. If you are a parent and you want to have information submitted by your child deleted, please contact us at email@example.com.
© 2017 Honored Foundation or its licensors. All Rights Reserved.