CHARITY BALL. ORG
TERMS OF USE

IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and Charity Ball (“Charity Ball” or “our” or “we” or “us”) pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and “online” or other electronic documentation accessible from, www.charityball.org or any sub-domains thereof or other websites operated by or for Charity Ball (collectively, the “Sites”).

The Sites are all offered by Charity Ball to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. Charity Ball reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

The Mission

Charity Ball was founded on the mission to provide soccer balls to children in developing countries. Charity Ball is committed to enriching the lives of children by introducing the joy of play. The Sites are designed, and all uses of the Sites are intended, to be in furtherance of this Mission.

Disclaimer

You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. While Charity Ball endeavors to keep the materials on the Sites current, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Charity Ball does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.

In certain instances Charity Ball permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of the Mission. Charity Ball may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Charity Ball or endorsed by Charity Ball.

How We Use Cookies

We use “cookies” and other technologies to enhance your online experience. A “cookie” can be either permanent (i.e., it remains on your computer until you delete it) or temporary (i.e., it lasts only until you close your browser). A “cookie” is a small text file that helps us recognize repeat visitors, facilitate the visitor’s ongoing access to and use of the site, and track usage behavior and compile aggregate data that can lead to website improvements. Cookies may also help us customize certain content on the website. Cookies and other similar technologies collect non-personal information about the user of a particular Internet Protocol (IP) address. If you do not want information collected through the use of cookies, you can deny or accept the cookie feature using a simple procedure available in most browsers. If you block cookies, however, you may lose some website functionality.

Restrictions on Use of Materials

Unless otherwise indicated, Charity Ball or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, Charity Ball owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Charity Ball, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Charity Ball or any third party.

Charity Ball will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Charity Ball and if possible provide a reference to Charity Ball’s main site www.charityball.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Charity Ball’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Charity Ball or its licensors.

Sponsors

Charity Ball may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the Mission. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, Charity Ball does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that Charity Ball is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.

Links To Other Sites; Link Agreement

Charity Ball may provide links to other Internet sites or resources. Charity Ball likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Charity Ball.

Links to the Sites are permitted by Charity Ball only in accordance with Charity Ball’s Link Agreement. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Charity Ball, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. Charity Ball has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

General Indemnification

You agree that you will hold harmless Charity Ball, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Limitation of Liability

In no event and under no circumstances shall Charity Ball or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Disclaimer of Warranties

THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

THE SITES ARE MANAGED IN THE STATE OF MICHIGAN, UNITED STATES OF AMERICA. CHARITY BALL MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. CHARITY BALL MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

Disclaimer Regarding Translated Content

In addition to the general disclaimer of warranties provided under these Terms Of Use, Charity Ball does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk. Charity Ball is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.

Website Services

Services. In furtherance of the Mission, Charity Ball may offer from time to time certain services or features on the Sites (including without limitation, message boards, blogs, chatrooms, public forums, personal home pages, on-line donations, shopping carts and tutorials) (collectively, the “Services”). The following terms under these Terms Of Use pertain to your ability to use the Services made available by Charity Ball on the Sites. Charity Ball will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use, only for as long as your use of the Services are helping Charity Ball to fulfill the Mission.

Availability of Service. Charity Ball reserves the right to establish general practices and limits concerning the Services (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Charity Ball’s servers on your behalf. Without limiting the foregoing, you agree that Charity Ball shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Charity Ball. You acknowledge that Charity Ball reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Charity Ball shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Posted or Shared Content. You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about survivorship status) on the Sites via the public forums, your Personal Home Page or any page on the Sites that specifically provides that the content may be used in a public manner. Any such content submitted to Charity Ball will be treated as non-confidential and non-proprietary, and you authorize Charity Ball and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display, publish or otherwise use all or any part of such information in furtherance of its operations and the Promise throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to Charity Ball that you own or have the right to use and permit Charity Ball to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize Charity Ball and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Charity Ball’s operations and the Promise throughout the world, and any such permission cannot be revoked for any reason. Charity Ball reserves the right to refuse to post or share content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on Charity Ball’s outstanding public image due to a proposed fundraising activity or posted or shared content; or (iii) any other reasonable factor as determined by Charity Ball in its sole discretion. If Charity Ball elects to disable your account is, Charity Ball will notify you of its disapproval via email at the address provided with your registration.

Additionally, although Charity Ball reserves the right to remove without notice any posting for any reason, Charity Ball has no obligation to delete content that you personally may find objectionable or offensive. Charity Ball does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms Of Use, Charity Ball does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any Charity Ball public forum.

Shopping Cart Purchases & On-Line Donations. In order to purchase products from the Sites’ store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to Charity Ball. By providing such information to Charity Ball by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Charity Ball for use in processing your orders or receiving your donations from the Sites. In order to purchase the products or make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing Charity Ball or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from Charity Ball on the Sites are subject to Charity Ball’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Charity Ball on the Sites are subject to Charity Ball’s standard return and exchange policy. Charity Ball will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize Charity Ball to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to Charity Ball or any donations submitted online via the Sites.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms Of Use.

Charity Ball may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Charity Ball or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by Charity Ball to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that Charity Ball may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. Charity Ball shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.

You may deactivate your account at any time subject to full payment of any costs or donations charged to your account(s). In order for us to deactivate your account, you must provide us with written notice. You may look under “My Account” and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that our entire liability and your exclusive remedy under these Terms Of Use for any dispute with us shall be your right to terminate your account in accordance with this section.

You further agree that the Charity Ball shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.

Upon termination, Charity Ball will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Charity Ball with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

Deactivation of the Sites

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate Charity Ball to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Notice of Claims of Intellectual Property Violations

The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Charity Ball does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide Charity Ball’s general counsel (whose contact information provided below) with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
3. Identification of the material 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 Charity Ball to locate the material.
4. Information reasonably sufficient to permit Charity Ball to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
6. 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.

Charity Ball’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:

By mail:
Charity Ball
Attention: Legal Department
217 E. 24th Street, Ste. 201
Holland, MI 49423

Please provide all of the information requested above. No specific form is required to provide Charity Ball with notifications of possible infringement. However, it will take Charity Ball longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

COPPA

Charity Ball does not knowingly solicit data from children or knowingly market to children. Charity Ball is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Charity Ball receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Charity Ball will delete that information from the Sites as quickly as is reasonably practical.

Privacy

Charity Ball understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how Charity Ball may use such information. Protecting privacy is an important priority to Charity Ball. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Equitable Remedies

You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations

These Terms Of Use are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Dallas County, Texas. You agree that the statute of limitations for any claim against Charity Ball shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution

In the event of any dispute arising out of these Terms Of Use, you and Charity Ball each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Charity Ball agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Charity Ball may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Dallas, Texas, U.S.A. Costs of mediation shall be borne equally by both you and Charity Ball. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Charity Ball agree to extend the time by mutual agreement or unless the mediator declares you and Charity Ball to be at an impasse. Notwithstanding the above, in the event that Charity Ball believes that immediate injunctive relief is required to protect its rights, Charity Ball may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Miscellaneous

If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder.

These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English.

These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and Charity Ball with respect to the Sites and the Services.

Contact Information

If you have any questions regarding these Terms Of Use, you may write to Charity Ball:

By mail:
Charity Ball
Attention: Legal Department
217 E. 24th Street, Ste. 201,
Holland, MI 49423

Revised: 07/13/2016