HELLO FRIEND / ENNIS WILLIAM COSBY FOUNDATION
Last Updated on March 16, 2007
Welcome to the web site of the Hello Friend / Ennis William Cosby Foundation (“we” or “Foundation”). This user agreement ("User Agreement"), which includes our Privacy Statement, sets forth the terms and conditions for your use of our web site at hellofriend.org (“Our Site”). We may change this User Agreement (including the Privacy Statement) from time to time by posting an updated version on this page, or, if we determine that it is appropriate, we may post a special notice of the changes on our home page. By continuing to use Our Site after we have posted an updated User Agreement or special notice, you agree to the new User Agreement.
Please read this User Agreement carefully, because by using Our Site, you agree to be bound by and comply with its terms and conditions. If you do not consent to the User Agreement, you are not authorized to use Our Site.
TERMS OF USE
Privacy Statement
Please review our Privacy Statement, which forms a part of this User Agreement. The Privacy Statement describes our collection and use of information about you.
PayPal
If you choose to purchase any products from us, Our Site will refer you to PayPal’s web site to process your payment. PayPal will collect and use any personal information you provide it in accordance with its privacy practices. (Because PayPal is a separate organization, our Privacy Statement does not apply to it.) PayPal will share some of your personal information with us, such as your name and contact information, but not your credit card information. Please review PayPal’s privacy policies to learn how PayPal handles your information.
No Unlawful or Prohibited Use
By using Our Site, you warrant that you will not use Our Site or the Site Content (as defined below) for any purpose that is prohibited by this User Agreement or any applicable law. If you violate this User Agreement, your permission to use Our Site automatically terminates.
Copyright
All material on Our Site is protected by United States and international copyright law. You must abide by all copyright notices and restrictions contained in Our Site.
You may download a single, machine-readable copy of the articles and other material posted on Our Site ("Site Content") for your personal, non-commercial use as long as you do not alter Site Content or remove any trademark, copyright or other notices displayed on the Site Content. Aside from this single copy, you may not reproduce, distribute (in any form, including over any local area or other network or service), display, perform, create derivative works of, sell, license, extract for use in a database, or otherwise use any Site Content (or any computer programs or other code) on Our Site.
Trademarks
"HELLO FRIEND,” “HELLO FRIEND / ENNIS WILLIAM COSBY FOUNDATION,” the Foundation’s logos, and other names and designs featured on Our Site are trademarks owned by the Foundation ("Our Trademarks"). You may not use Our Trademarks without written authorization from us. Additionally, you may not use Our Trademarks (a) in connection with any product or service that does not belong to us; (b) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; or (c) in any manner that disparages or discredits us.
Links, Frames and Metatags
You may not frame the content of Our Site on any other web site unless you obtain our prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name without our prior written consent. You may link to the home page of Our Site (http://www.hellofriend.org/) as long as the link does not cast us in a false or misleading light. You may link to another page on Our Site only if the link clearly identifies Our Site as the location of the linked page.
Links to Third-Party Sites
As a courtesy only, Our Site may contain links to web sites controlled by third parties. We are not responsible for these third-party sites or their content, activities, or privacy practices. The inclusion of links on Our Site does not imply our endorsement of the linked web sites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of the linked sites. You should read the terms of use and privacy policies that govern your use of third-party sites.
Disclaimers
OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES (1) ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OFf ANY CONTENT ON OUR SITE OR SERVICES AVAILABLE THROUGH IT OR THROUGH LINKS TO OTHER WEB SITES or (2) that OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR- FREE . THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE . WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, inaccuracies, and OMISSIONS IN OUR SITE AND OUR SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE TO OUR SITE , WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE , OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE , ARE FREE FROM SUCH DESTRUCTIVE FEATURES, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
Limitation of Liability
THE FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY DAMAGE, LOSS OR INJURY ARISING FROM YOUR USE OF OUR SITE BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE BASED ON ANY CLAIM OF ANY NATURE WHATSOEVER.
UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA ) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THIS USER AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless the Foundation and its officers, directors, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of your violation of this User Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.
Termination
We reserve the right to terminate any services offered through Our Site or to terminate Our Site and this User Agreement at any time without notice, for any reason, including, in the case of the Agreement, because of your violation of any of these provisions. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of this Agreement (along with any other provision that by its terms contemplates survival) survive such termination.
General
This User Agreement, which includes the Privacy Statement, is the complete agreement between you and the Foundation regarding your use of Our Site and is governed by the laws of the State of New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of Our Site and this User Agreement exclusively in the state and federal courts located in the State and County of New York , to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue or inconvenient-forum objections to such courts. If a court determines that any provision of this User Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law (unless doing so would deprive either party of a material benefit of the User Agreement).
Questions
Please email us at info@hellofriend.org with any questions you may have about this User Agreement.
PRIVACY STATEMENT
The Hello Friend / Ennis William Cosby Foundation (“we” or “Foundation”) is committed to protecting your privacy. This Privacy Statement, which is a part of our User Agreement, describes what information we collect through our web site at hellofriend.org (“Our Site”), how we use it, and how you can make choices about our use of that information.
By using Our Site, you consent to our collection and use of information about you in accordance with this Privacy Statement.
Collection of Personal Information
We collect personally identifiable information about you (“Personal Information”) only when you voluntarily provide it. For example, if you email us, we may collect your Personal Information (such as your name, email address, and any other information you provide in your message).
If you choose to purchase any products from us, Our Site will refer you to PayPal’s web site to process your payment. When you make a payment through PayPal’s site, all the Personal Information you provide, including your addresses and billing information, is transmitted to PayPal. PayPal will share some of that Personal Information with us—such as your name and contact information, but not your credit card number—so that we can fulfill your order. This Privacy Statement does not apply to PayPal’s web site because it is not part of Our Site. Please review PayPal’s privacy policies to learn how PayPal handles any information you provide to it.
We will use your Personal Information for the purposes for which you have provided it. For example, when you email us, we will use your email address to respond to your message. Similarly, when we receive your Personal Information as part of a purchase you have made, we will use that information to fulfill your order.
Anonymous Information and Cookies
From time to time, we may track and record anonymous information about visitors to Our Site, such as the time and date of visits to Our Site, the type of web browser used, the web sites that refer or link users to Our Site, and users’ IP addresses, which are the numbers assigned to each computer to identify its location on the Internet. We do not use anonymous information to identify visitors individually although we reserve the right to do so in connection with legal process or if we believe this User Agreement has been violated or it is necessary to do so to protect any individual or the materials on Our Site.
Sharing Information With Third Parties
We do not share your Personal Information with anyone except for our service providers (e.g., the companies that help us operate Our Site).
We reserve the right to disclose and use Personal Information and anonymous information in special circumstances including: to enforce this Privacy Statement or any other part of our User Agreement; to protect our property or rights; to protect the safety of any one; to carry out a merger or consolidation with another entity; to carry out a sale or transfer of some or all of our assets; or for other reasons we determine in good faith are necessary, appropriate, or required by law.
Review and Update Your Personal Information
We will make reasonable efforts to enable you to review your Personal Information and, upon your instructions, to correct inaccuracies in any of your Personal Information that appears in our records. If you wish to review your Personal Information or have any questions regarding our treatment of your Personal Information, you can contact us by sending an email to info@hellofriend.org or by writing to us at PO Box 4061 , Santa Monica , CA 90411 .
Security
We take reasonable efforts to safeguard your Personal Information against unauthorized access. Of course, no transmission over the Internet can be guaranteed to be 100% secure, so you provide your Personal Information at your own risk.
Location of Servers and Transfer of Information
Our servers are located in the United States . If you are located outside of the United States , please be aware that the information you provide to us will be transferred to the United States . By using Our Site or providing your Personal Information to us, you consent to this transfer and to the collection, storage, processing and use of your Personal Information in the United States . If you are located in the United States , our service providers may not be located in your geographic area in the United States . By providing your Personal Information on Our Site, you consent to the transfer of your Personal Information to these service providers.
Children Under Age 13
We do not knowingly collect personally identifiable information from children under the age of 13. In the event that we learn that we have inadvertently collected any personally identifiable information from a child under the age of 13 without verification of parental consent, we will delete that information. If you are a parent or guardian and you believe that your child under age 13 may have provided personally identifiable information through Our Site, please contact info@hellofriend.org.
Questions
Please email us at info@hellofriend.org with any questions you may have about this Privacy Statement. |
