1. Scope; Acceptance of Terms
Charity Innovations ("Charity Innovations", "Laptop4Child", "we", "us") asks you to review these terms of service ("Terms"). The provisions contained in these Terms—effective as of the date specified below—govern your access to and use of the website https://www.Laptop4Child.org/ and all pages combined within them that are owned or operated by Laptop4Child, including but not limited to text, content, photographs, video, audio, graphics, and services therein (collectively, the "Site").
2. Changes to Terms
Laptop4Child reserves the right to change these Terms at any time at its sole discretion. Such changes will be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of all provisions in the revised Terms.
3. Prohibited Uses; Right to Terminate Access
You agree to use the Site only for lawful and legitimate purposes, and to do so in accordance with these Terms.
You agree not to use the Site to, in any way:
violate any applicable federal, state, local, or international law or regulation;
exploit, harm, or attempt to exploit or harm minors, including but not limited to exposing them to inappropriate content or improperly asking them for personally identifiable information;
threaten, harass, or otherwise inappropriately abuse others, including but not limited to Laptop4Child, its employees, agents, affiliates, contractors, service providers, or Site users;
send, knowingly receive, upload, download, use, or reuse any content which does not comply with these Terms;
copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use any of the content on our Site without prior written permission from Laptop4Child (which must be sought via the contact information provided below);
"spam," gather, or attempt to gather personally identifiable information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise improperly soliciting or abusing Laptop4Child or Site users;
engage in dishonest or deceptive behavior, including but not limited to impersonating or attempting to impersonate another person or entity, or attempting to gain unauthorized access to any part of the Site, or the computers, servers, or databases connected thereto;
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Laptop4Child, its employees, agents, affiliates, contractors, or service providers, the Site, Site users, or expose such persons or entities to liability; or
otherwise attempt to interfere with the proper functioning and/or operation of the Site. Laptop4Child reserves the right to terminate the Site or your access to it for any reason, at our sole discretion, including but not limited to your violation of these Terms by engaging in the prohibited uses described above.
4. Account Registration and Security
As a condition to using certain aspects of the Site, you may be required to create an Account and select a password. If you choose to create an Account, you must provide Laptop4Child with accurate, complete, and updated registration information, particularly your email address or cell phone number; failure to do so may result in suspension of your Account. You also agree to notify Laptop4Child immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Warranty Disclaimer; Site Available "As-Is"; License to Use Content
Your access to and use of the Site or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Laptop4Child DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Laptop4Child makes no representations or warranties of any kind with respect to the Site, including any representation or warranty that the use of the Site will (a) be timely, uninterrupted, or operate in combination with any other hardware, software, system or data; (b) meet your requirements or expectations; (c) be free from errors, or that errors or defects will be corrected; or (d) be free of viruses or other harmful components.
6. Release from Liability
YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, LAPTOP4CHILD, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, INTERNS, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES OF EVERY KIND AND NATURE (INCLUDING WITHOUT LIMITATION ACTUAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONCERNING THE SITE, INCLUDING WITHOUT LIMITATION THE FOLLOWING: DISPUTES BETWEEN USERS OF THE SITE, INCLUDING THOSE BETWEEN YOU AND OTHER USERS; THIRD PARTY SITES AND SERVICES, INCLUDING CONTENT FOUND ON SUCH SITES AND SERVICES; DISPUTES CONCERNING ANY USE OF OR ACTION TAKEN USING YOUR ACCOUNT BY YOU OR A THIRD PARTY; CLAIMS RELATING TO THE UNAUTHORIZED ACCESS TO ANY DATA COMMUNICATIONS OR CONTENT STORED UNDER OR RELATING TO YOUR ACCOUNT, INCLUDING UNAUTHORIZED USE OR ALTERATION OF SUCH COMMUNICATIONS OR YOUR CONTENT; OR CLAIMS RELATING TO ANY INVOLVEMENT WITH A THIRD PARTY WHILE IN THE COURSE OF USING THE SITE, WHETHER ON THE INTERNET, IN A PHYSICAL LOCATION, OR OTHERWISE. YOU UNDERSTAND THAT SUCH THIRD PARTY IS NOT A REPRESENTATIVE, EMPLOYEE, AGENT, OR AFFILIATE OF LAPTOP4CHILD, AND SHALL NOT BE CONSIDERED AS SUCH FOR ANY PURPOSE WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAPTOP4CHILD, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SITE, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Laptop4Child HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LAPTOP4CHILD AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE (which is zero). Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.
7. Copyright Claims
If you believe that your copyrighted work has been copied by Laptop4Child in a manner that constitutes copyright infringement, please provide Laptop4Child's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Laptop4Child to locate the content;
information reasonably sufficient to permit Laptop4Child to contact you, including at least your name, address, and telephone number.
a statement that you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can contact Laptop4Child's designated Copyright Agent to receive notifications of claimed infringement: firstname.lastname@example.org
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization to post and use the material in your content, you may send a counter-notice to the Copyright Agent (see 17 U.S.C. § 512(g)(3) for further detail).
8. Governing Law; International Users
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in [San Francisco County, California]. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Laptop4Child and the Site are operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Site and/or providing Laptop4Child with your information, you consent to that collection and transfer.
9. Entire Agreement; Severability
All donations are final. Donations are not refundable.
11. Contact Us
12. Effective Date
These Terms were last updated on April 04, 2020.