2. Use of Website.
User expressly acknowledges that the use of this Website is at your sole risk. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against dissatisfaction with the Website or any content is to stop using the Website or any such content.
You represent and agree that you are at least 18 years of age and that you will not use this website, nor allow anyone to use this website, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner which could damage, disable, overburden or otherwise impair the ability of LE to make the website available to other users or to interfere with the use and enjoyment of the website by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of LE, any other users or any third party, or (g) to engage in any conduct that could expose LE to civil or criminal liability (collectively, the “Prohibited Conduct”).
3. User Accounts and Personal Information.
You understand and agree that your donation is being made to LE and that your donation is not tax deductible. You further understand and agree that LE has exclusive legal control over all donations. While LE will make every effort to fulfill donation rewards if fundraising goals are met, it is under no legal obligation to use your donation to fund any particular Project. Furthermore, LE will only distribute donation rewards once the Basic Goal reaches its targeted funding. It is possible that the Project will not reach its targeted funding and that LE will only distribute the digital donation rewards if the targeted funding is not attained. ALL DONATIONS ARE FINAL AND NON-REFUNDABLE. Donations to LE represent irrevocable gifts subject to the legal and fiduciary control of LE.
You understand and agree that your donation will not be refunded to you, in whole or in part, and you may not cancel or withdraw your donation for any reason. Without limiting the generality of the foregoing, LE will not refund your donation to you in the event that LE fails to complete a fully funded Project, LE fails to deliver any anticipated donation rewards, or you are unable to obtain a tax deduction for your donation.
In the event that you make a donation, you will be required to provide credit card or other payment information at the time of the donation. You represent and agree that all payment information you provide to LE will be true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide LE with alternative payment information to fulfill your donation.
In the event that you make a donation and LE and your donation is used to fund a Project, your donation may entitle you to receive certain donation rewards to be provided by LE as more fully described in the Project. You understand and agree that LE is not responsible for providing any rewards if the target funding goal is not attained, that your donation is not contingent upon receiving any rewards, and that your donation will not be refunded to you in the event that LE fails to provide you with any rewards even if such rewards are described in the Project at the time of your donation.
Unless you expressly notify LE to the contrary, LE shall have the right, but not the obligation, to list your name as a Project contributor in any programs, publications or public announcements with respect to any Project for which you recommended funding. You hereby release LE from any and all claims, damages, liabilities and causes of action arising out of or related to your donation, including but not limited to the failure of any Projects to be approved for funding, the failure of LE to complete any Projects, the failure of LE to provide you with any promised rewards, the listing or failure to list your name as a Project contributor and/or the use of your donation by LE to fund a Project.
6. Intellectual Property and Licensing.
You hereby grant to LE a perpetual, worldwide, non-exclusive, royalty free, right and license to use any content you upload to any user accessible portions of this website, including but not limited to your name, voice, likeness and any text, video, imagery, audio and other content, for the purpose of promoting public awareness and support of our website. You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing license to LE. You further warrant and represent that the content you upload to any user accessible portions of this website, or otherwise provide to LE, will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.
You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, privacy and publicity laws and all rights are reserved by LE or users who submitted such content. You acknowledge and agree that such content is provided solely for your personal viewing and use on this website and is not provided for any other purpose or use. Without limiting the generality of the foregoing, you represent and agree that you will not reproduce, publish, display or make any commercial use of any content made available to you via this website without the prior written consent of LE the or users who submitted such content.
7. Review and Removal of Content.
8. Modification or Discontinuation.
You acknowledge and agree that LE may modify or discontinue any or all features of this website immediately and without notice to you in its sole and absolute discretion. You further acknowledge and agree that LE may suspend or terminate any account that you create on this website, with or without notice, for any or no reason, in its sole and absolute discretion. You hereby release LE and the Donors from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this website and the suspension or termination of your access to this website and/or any account that you create on this website.
9. Use of Trademarks.
10. Third Party Websites.
This website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between LE and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of LE, that LE is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.
11. Disclaimer of Warranty.
12. Limitation of Liability.
IN NO EVENT WILL LE, THE DONORS, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF LE OR THE DONORS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
14. DMCA Notice.
If you are a copyright owner or an agent thereof and believe that any content, information or communication on this website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of LE and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the our website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices of infringement should be directed to LE’ Designated Agent by emailing firstname.lastname@example.org.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. LE will terminate your account in the event that LE determines in its sole and absolute discretion that you have used our website in a manner that qualifies you as a “repeat infringer” under the DMCA.
15. Independent Contractors.
17. Jurisdiction and Choice of Law.
19. Entire Agreement.