Terms of Use – Giving Hope LLC

Effective June 15, 2021

This website is provided by Giving Hope, LLC., and Giving Hope, SOBECA, LLC, (together, “GH”).

THE INFORMATION ON THE GH WEBSITE IS FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. GH ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION ON THE GH WEBSITE OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Acceptance of Terms of Use

Please read these Terms of Use carefully before using the GH website. By using the GH website (which includes givinghopellc.org and related GH sites), you accept and agree to be bound by these Terms and Online Privacy Statement. If you do not want to agree to these Terms or the Online Privacy Statement, you must not access or use the GH website. These Terms are subject to change by us at any time, effective when posted on the GH website. Your continued use of the GH website will constitute your acceptance of any such changes.

We are committed to protecting the privacy of children. You should be aware that the GH website is not intended or designed to attract children under the age of 13. By using the GH website, you represent and warrant that you are above the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

2. Proprietary Rights

As between you and GH (unless otherwise provided in these Terms and excluding any User Content you submit), GH or its licensors own all content on the GH website, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. This content is protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.

The marks “Giving Hope,” the GH logo, “Giving Hope SOBECA,” and “Giving Hope Heart” are marks of Giving Hope, LLC.

3.Copyright, Copying and the Digital Millennium Copyright Act

If you find any materials on the GH website to be useful, you may download information, print out text, or send copies to others as long as each copy includes the proper copyright notice and is meant only for personal use. You may not reprint or electronically reproduce any material for bulk or commercial use. For special permissions, please contact us at the address below.

If you believe that any material on the GH website infringes your copyright, pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), you must send a written notice, Attn: DMCA Agent, to the address below.

In accordance with the DCMA, the written notice must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A description of the work claimed to have been infringed or, if more than one work is covered by the notice, a description of each work.
A description of the material that is claimed to be infringing in a sufficiently precise manner to allow us to locate the material.
Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, email address.
A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights owner.

4. User Content

You may contribute content to the GH website including, without limitation, videos and textual narratives that share your stories and associated comments thereto (“User Content”). You understand that when you submit User Content, you are granting GH a license to display the User Content on the GH website as well as GH and third-party media platforms and, whether or not your User Content is published, GH guarantees no confidentiality or anonymity with respect to your User Content. All User Content on projecturok.org is governed by YouTube’s Terms of Service, to which you must agree if you wish to submit to GivingHopeLLC.org.

Even if you do not include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, or other identifying information in the background of your video you understand and agree that this information may be displayed along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing. At any time you may contact us at the address below with a written request to disable access to your User Content, including sufficient details in your request for GH to identify and disable such User Content. GH may require verification of your age.

You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the GH website, you grant GH a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of GH. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the GH website a non-exclusive license to access your User Content and to use, reproduce, distribute, display, link to and perform such User Content as permitted under these Terms.

GH reserves the right to monitor User Content and to remove or decline to publish any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. GH has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the GH website.

5. Links from the GH Website and Third-Party Information

The information posted on the GH website includes information provided by third parties, as well as hyperlinks that will lead to other websites. These linked websites are developed and maintained independently of GH and are not a part of the GH website. When users leave the GH website and travel to a third-party website, they become subject to different terms of use and privacy policies. GH does not control or guarantee the accuracy, relevance, timeliness, or completeness of any third-party information contained on the GH website or any information found on a linked website. Inclusion of any third-party information or hyperlink to another website does not imply GH’s affiliation with, or endorsement of the views expressed or products or services offered by, any third party.

6. Disclaimers

GH DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE GH WEBSITE. Furthermore, the GH website is provided “as is,” and GH does not make any express or implied warranties or representations in connection with the GH website, other websites accessed by hyperlink, or the Internet generally (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose).

Although GH makes every effort to ensure the correctness of information contained on the GH website, GH disclaims responsibility for any errors or omissions. GH cannot and does not guarantee that the GH website is free of viruses or other harmful components.

In no event shall GH or its directors, members, officers and employees be liable for any claims, liabilities, judgments, losses, costs, expenses, fees or damages of any kind, including direct or indirect, special, incidental consequential or punitive damages, arising out of or relating to your use of or access to the GH website, other websites accessed by hyperlink, or the Internet generally.

7. Indemnity

You hereby agree to defend, indemnify and hold harmless GH and its directors, members, officers and employees from and against any claims, damages, liabilities, judgments, losses, costs, expenses, or fees (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your use of or access to the GH website or your violation of these Terms of Use.

8. Termination

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the GH website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the applicable authorities.

9. International Access

The GH website is provided from the United States of America. We make no claims concerning whether material from this GH website may be downloaded or is appropriate for use in any other country. It is your responsibility to ensure that your use complies with all applicable laws outside of the United States of America.

10. General

Except as expressly provided on the GH website, these Terms of Use and the Online Privacy Statement constitute the entire agreement between you and GH with respect to the use of the GH website. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, and you agree to submit to the personal jurisdiction of the courts of the State of New York. Both parties hereby expressly waive any right to a jury trial in any such proceeding. In the event that any portion of these Terms of Use is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the GH website, or the use of the GH website, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, New York. GH’s failure to assert a right or enforce a provision under these Terms of Use shall not constitute a waiver of such right or provision.

Thank you for your cooperation. We hope you find the GH website helpful and convenient to use! Questions or comments regarding the GH website, including any reports of nonfunctioning links, should be directed to the address below. We try to answer every communication in a timely manner but due to volume may not always be able to do so.

Mail: Giving Hope, 111 N. 3^rd Ave., Ste. 5T, Mount Vernon, NY 10550

Email: admin@givinghopellc.org

Telephone: (347) 740-2640