Faces Of Pro Life

Terms and Conditions

TERMS AND CONDITIONS OF USE

1. Agreement; Summary of Important Legal Information.

It is important that you (“You” or “User”) read all of the following Terms and Conditions of Use carefully, as they govern and control Your use of and access to the FacesOfProLife.com website (the “Site”) and all of the information and materials that are or may be displayed, communicated, or otherwise made available on or through this Site, including without limitation posts, communications, photographs, and video recordings, as well as User-Generated Content (hereinafter defined) submitted, posted, transmitted, or displayed on the Site by third parties (collectively, the “Content”).  By accessing or using the Site and the Content, You (a) acknowledge that You have read and understand these Terms and Conditions of Use, and (b) acknowledge, understand, consent, and agree that all of Your use of and access to the Site and the Content is governed and controlled by these Terms and Conditions of Use, as may be amended, supplemented, updated, altered, revised, or otherwise modified from time to time.

2. User Obligations.

By accessing and/or using the Site and the Content, You agree to comply in all respects with, and be bound by, these Terms and Conditions of Use, as they may be amended, supplemented, updated, altered, revised, or otherwise modified from time to time.
3. Privacy.

In order to ensure the protection of personal information voluntarily submitted by visitors to and users of the Site, we have implemented a Privacy Policy, which is incorporated herein by reference.  We reserve the right, in our sole discretion, to supplement, amend, revise, alter, update, or otherwise modify the Privacy Policy from time to time as we may deem necessary.  In addition to these Terms and Conditions of Use, Your access to and/or use of the Site and the Content signifies and constitutes Your agreement to be bound by and subject to the Privacy Policy and the terms and conditions thereof, as may be supplemented, amended, revised, altered, updated, or otherwise modified from time to time.  The Privacy Policy is accessible from the Site.  Please refer back to the Privacy Policy on a regular basis to make sure You are at all times aware of the most up-to-date Privacy Policy.  As more particularly set forth in the Privacy Policy, We do not knowingly collect, store, use, or disclose personal information from persons under the age of thirteen. If You are under 18, You may access and use the Site only with permission of a parent or guardian who has also agreed to be bound by these Terms and Conditions of Use on Your behalf.  If You are under the age of 13, You are not permitted to access or use the Site.

 

Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. You may obtain information identifying current providers of such control protections on the websites GetNetWise (http://kids.getnetwise.org) and OnGuardOnline (http://onguardonline.gov).  We do not warrant or endorse, and are in no way liable for, any of the information, products, or services identified, listed, or otherwise made available on any such websites.
4. User-Generated Content.

The Site may provide platforms for You to submit, post, transmit, link to, or display documents, communications, posts, messages, photographs, video recordings, files, or other user-generated information or materials in or to designated areas on the Site, or to communicate directly or indirectly with us via e-mail or other medium (collectively, “User-Generated Content”).  We have no control over, but have the right (though not the obligation) to monitor, the content of User-Generated Content.  Notwithstanding the foregoing, User-Generated Content is subject to the restrictions and prohibitions identified in this Section 4 and in Section 5 (Prohibited Content/Use) of these Terms and Conditions of Use.  You are solely responsible for any User-Generated Content submitted to the Site or otherwise communicated by You or on Your behalf, and You assume full responsibility and liability for such User-Generated Content, including without limitation with respect to the legality, accuracy, reliability, truthfulness, and any and all consequences of the submission, posting, transmission, linking to, display, and usage thereof.  You represent and warrant that, with respect to any User-Generated Content that You submit, post, transmit, link to, or display, it is (a) Your original and unique work; (b) You have an assignable license or other express permission and authority to submit, post, display, link to, and otherwise use any third-party information and materials that are not Your original and unique works (“Third-Party Information”), and that any such submission, posting, displaying, linking to, or other use thereof on the Site will in no way be a violation of such license or other permission and authority; (c) it does not and will not contain any offensive, obscene, lewd, threatening, harassing, abusive, hateful, illegal, disparaging, defamatory, slanderous, or libelous content; and (d) it does not and will not infringe upon or violate the intellectual property, privacy, or any other rights of any person or entity.

 

By submitting, posting, transmitting, linking to, or displaying User-Generated Content on the Site, you do hereby grant to Online for Life a perpetual, non-exclusive, non-revocable, royalty-free, assignable, worldwide license to post, display, link to, or otherwise use on the Site or for any other lawful purpose such User-Generated Content.

 

Notwithstanding any other provision in these Terms and Conditions of Use, We do not guarantee or otherwise represent that there will be, and, thus, there is not and will not be, and neither You nor any third party shall have any expectation of, any privacy protection with respect to any User-Generated Content submitted or otherwise communicated by You or any third party, other than personally identifiable information that (a) has not been submitted to, or for publication on, a publicly viewable area of the Website as expressly indicated by You, and (b) the disclosure of which maintains a reasonable expectation of privacy (see the Privacy Policy).

 

In addition to and without waiving, limiting, modifying, altering, or adversely affecting any other limitations of liability set forth in these Terms and Conditions of Use and the indemnity set forth in Section 8 of these Terms and Conditions of Use, You do hereby agree to release, acquit, discharge, indemnify, and hold harmless Online for Life and its directors, officers, employees, agents, and representatives of and from any and all liability, damage, loss, or injury that arises out of, relates to, is associated with, or is connected to User-Generated Content submitted, posted, transmitted, linked to, or displayed by You on or through the Site or the actions or conduct of third parties with respect thereto.

 

In consideration of, and as a condition precedent to Your access to and use of the Site and the granting of permission to You to submit, post, transmit, link to, or display User-Generated Content on and to the Site, You agree not to engage in the following conduct or activities:

 

a. Submit, post, transmit, link to, or display any information or material that is offensive, defamatory, obscene, lewd, threatening, harassing, abusive, hateful, unlawful, or otherwise inflammatory, as determined by us in our sole and exclusive judgment and discretion;

b. Utilize the Site for any purpose that is violative of any applicable federal, state, municipal, or international  laws, rules, regulations, or ordinances;

c. Submit, post, transmit, link to, or display any information or materials that is or contains a virus, malware, worm, or other harmful or malicious component or code that could compromise, contaminate, destroy, or otherwise interfere with the security or operation of the Site, the Content, or any files or programs of the Site, its users, or any third parties;

d. Submit, post, transmit, link to, or display advertisements or solicitations without obtaining prior express written consent from us;

e. Submit, post, transmit, link to, or display any information or materials that violates or infringes on the intellectual property, publicity, or privacy rights of and belonging to us or others;

f. Submit, post, transmit, link to, or display any information or materials that constitutes or contains “junk mail,” “chain letters,” or “spam”; or

g. Submit, post, transmit, link to, or display any information or materials, or otherwise engage in any conduct or activities that, in our sole and exclusive judgment, exposes or subjects us, other contributors of User-Generated Conduct, or any other users of the Site to any liability or detriment of any kind, character, or type.

Notwithstanding anything in this Agreement to the contrary, we reserve the right, in our sole and exclusive discretion and for any reason whatsoever, to reject and/or elect not to post, display, link to, or otherwise use on the Site any User-Generated Content submitted by You.  We also reserve the right, in our sole and exclusive discretion, but are under no obligation, to remove or edit, with or without notice, any User-Generated Content for any reason whatsoever, including without limitation if such User-Generated Content violates the limitations and restrictions imposed by this Section 4, Section 5, or any other applicable provision of these Terms and Conditions of Use.  In addition to and without waiving, limiting, modifying, altering, or adversely affecting any other limitations of liability set forth in these Terms and Conditions of Use, we shall have no liability of any kind, character, or type to You or any third party for any loss, damage, injury, claims, demands, actions, or causes of action incurred or asserted by or against You or any third party arising out of, based upon, resulting from, related to, in connection with, or otherwise associated with our decision to reject, remove, or edit, or our election not to post, display, link to, or otherwise use any such User-Generated Content.
5. Prohibited Content/Use.

This Site is for Your personal and noncommercial use only.  Any use of offensive, defamatory, obscene, lewd, threatening, harassing, abusive, hateful, illegal, or otherwise inflammatory language or material, as we determine in our sole and exclusive judgment and discretion, by You in any form on or through the Site is expressly prohibited.  In addition, You shall not (a) harass or annoy other users of the Site, (b) use the Site or Content for any unlawful purpose, (c) engage in or promote conduct that is offensive, illegal, or violates these Terms and Conditions of Use, or (d) transmit illegal information or material on or through the Site by and through Your access to and use of the Site.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, other content, software, products, or services viewed on or obtained from the Site.  Any such prohibited content, conduct, or use may result in the denial of Your access to and use of the Site as well as the pursuit by us of any demands, claims, actions, and remedies against You, and any other additional consequences, that are available to us and are permissible under law.
6. Disclaimer of Warranties.

You assume all responsibility and risk for Your access to and use of the Site and Your submission of, posting of, transmission of, linking to, or display of User-Generated Content.  The Site and any and all Content, including without limitation any items or products offered or otherwise made available on or through the Site, are provided on an “AS IS” and “WHERE IS” basis.  We make no representations, warranties, guaranties, or covenants, express or implied, regarding the Site and the Content; and, thus, hereby specifically and expressly disclaim, and you hereby acknowledge such disclaimer of, any and all warranties, guaranties, representations, or covenants of any kind, character, or type, express or implied, past, present, or future, of, with respect to, or concerning the Site and the Content.  ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, ARISING BY OPERATION OF LAW, OR OTHERWISE, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND THE CONTENT.
7. Limitation of Liability.

Online for Life, and its directors, officers, employees, agents, representatives, successors, and assigns, shall not be liable for any reason whatsoever for any claims, actions, causes of action, costs, expenses, loss, or damages of any kind, including without limitation, any direct, indirect, actual, consequential, incidental, special, exemplary, or punitive damages, arising out of, related to, resulting from, or otherwise associated with loss of use, data, profits, business interruption, or any other loss, damage, or injury incurred by or asserted against You or any third party as result of, arising out of, relating to, in connection with, or otherwise associated with Your or any third party’s use, misuse, access to, inability to access or use, or reliance upon the Site, any Content (including, without limitation, User-Generated Content), and any linked websites and the content thereof, regardless of whether such loss, damage, or injury arises in contract, tort, or otherwise.  Your sole and exclusive remedy is to discontinue Your access to and use of the Site and the Content.  The aforementioned limitation shall apply even if we knew or should have known of the possibility of such damages.
8. Indemnity.

You agree to release, indemnify, and hold harmless Online for Life, its directors, officers, employees, agents, representatives, successors, and assigns, from and against any and all claims, demands, actions, causes of action, loss, damages, injuries, costs, and expenses (including but not limited to reasonable attorneys’ fees), directly or indirectly arising out of, resulting from, related to, or otherwise in connection with (a) Your actual or alleged breach of any of the terms and conditions of these Terms and Conditions of Use, (b) the Site, the Content, and any other information and materials on the Site, (c) Your use, misuse, access, inability to access or use, or reliance upon the Site, any Content, and any linked website and the content thereof, (d) Your use or misuse of, reliance upon, or uploading or downloading of any information or materials on or from the Site, and/or (e) Your submission of, posting of, transmission of, linking to, or display of User-Generated Content and the use thereof or reliance thereon by any third parties.
9. Linking; Advertisements.

The Site may contain links to other websites, some of which may not be owned, managed, operated, or otherwise controlled by us.  These links are provided solely as a convenience to You, and we do not make any endorsement or recommendation of or regarding any linked third party website or the content thereof; nor does such linking indicate any affiliation with or sponsorship by us of any such third party website (Similarly, if a third party provides a link to the Site, it does not necessarily reflect a relationship with such third party.).  We do not guarantee, warrant, take any responsibility for, or make any representation of any kind regarding any linked third party website or the content thereof, including, without limitation, with respect to (a) the legality, credibility, reliability, accuracy, completeness, timeliness, relevance, or suitability of any linked third party website or the content thereof, (b) the condition, merchantability, or fitness for a particular purpose of any linked third party website or the content thereof, or (c) whether (i) the operation, access to, and usage of any such linked third party website or the content thereof will be uninterrupted or error-free, (ii) defects or errors in any such linked third party website or the content thereof will be corrected, or (iii) any such linked third-party website or the content thereof will be free from viruses, worms, malware, or other harmful or malicious code or components.  We assume no liability for Your access to or usage of any linked third party website and/or the content thereof.  Your access to and usage of any linked website and/or the content thereof is solely at Your own risk and is subject to, governed, and controlled by the terms and conditions of use and the privacy policy of and for, and applicable to, any such linked website.  These Terms and Conditions of Use and the Privacy Policy applicable to this Site shall not apply to, govern, or control in any way or for any reason Your access to and usage of any linked websites and/or the content thereof, regardless of whether any such linked website is owned, operated, or controlled by Online for Life or a third party.

 

The Site may also contain advertisements of and by third parties.  We do not endorse, promote, warrant, guarantee, or recommend any products, services, procedures, studies, articles, opinions, businesses, or other information or material of third parties contained in any advertisements on the Site.
10. Electronic Communications.

By submitting, posting, transmitting, linking to, or displaying User-Generated Content on or to the Site, You consent to receive electronic communications from us.  You may notify us that you do not wish to receive any electronic communications from us by providing notice via the Contact page of the Site.
11. Trademarks.

Facesofprolife.com is an unregistered trademark of Online for Life.  Other names, words, logos, phrases, insignias, designs, graphics, icons, or marks used or displayed on the Site may be registered or unregistered trademarks or service marks of Online for Life or third parties.  While certain trademarks or service marks of third parties may be used or displayed on the Site, such usage or display does not indicate or otherwise create or imply any relationship or affiliation between us and the owner of the trademark or service mark, nor does it indicate or suggest that we endorse, promote, warrant, guarantee, or recommend the goods, services, products, procedures, business, or other information affiliated with or evidenced by such trademark or service mark or the owner thereof.
12. Copyright.

The information and material comprising the Content (other than User-Generated Content), as well as the software embedded in or located on the Site, including without limitation computer codes, files, and images contained in or generated by such software (collectively, “Software”), is protected by applicable copyright laws and is owned by either Online for Life, a licensor, or other third party attributed with ownership of the particular information, material, or Software as the case may be.  All intellectual property rights in and to the Site, the Content (other than User-Generated Content), and Software are reserved by Online for Life, our licensors, or other third parties, as applicable.  We grant You permission to access and use the Content made available on the Site in connection with and for the limited purpose of Your use of the Site only.  You may not otherwise use the Content for any other purpose, and You may not download, modify, reproduce, publish, display, transfer, sell, distribute, or otherwise convey any Content or Software, in any form or by any means, without the express prior written consent of the owner thereof, and, with respect to any Software, subject to any additional conditions which may be imposed on Your access to and use of such Software.  Requests can be sent to us by going to the Contacts page of the Site and submitting Your request.
13. Donations.

You may be provided an opportunity to make donations to us by and through the Site.  If You desire to do so, You will be asked and required to provide certain information necessary for us to process your donation, which may include, without limitation, credit or debit card information, name, telephone number, e-mail address, and billing address (collectively, “Information”).  Any Information You provide for a donation must be true, complete, and accurate.
14. Security.

The communication of information over the Internet, whether sent or received, is generally not secure.  Notwithstanding any other provision of these Terms and Conditions of Use or the Privacy Policy, and in no way expanding the scope of privacy protections that may be set forth therein, we cannot, and do not, warrant or guarantee the confidentiality or security of any information in the transmission thereof to or from the Site.
15. Modification or Discontinuance of Site.

We reserve the right to modify, update, reconfigure, suspend, or discontinue, whether temporarily or permanently, all or any part of the Site from time to time, at any time, and for any reason.  You agree that we shall have no liability or other responsibility to You or any third party as a result of any such modification, update, reconfiguration, suspension, or discontinuance of all or any part of the Site.
16. No Relationship.

You understand, acknowledge, and an agree that no joint venture, partnership, employment, agency, or any other similar relationship is created or exists between Online for Life and You as a result of these Terms and Conditions of Use or Your access to or use of the Site or the Content.
17. Termination.

Notwithstanding any other provision of these Terms and Conditions of Use, we reserve the right in our sole and exclusive discretion to terminate or suspend at any time, with or without notice, Your or any other user’s (a) access to and use of the Site, the Content, and any part thereof, and (b) ability to submit, post, transmit, link to, or display any User-Generated Content.  Upon any such suspension or termination of access and/or use, You will no longer be authorized to access or use that portion of the Site or Content to which the suspension or termination applies, up to and including the entire Site, or to submit, post, transmit, link to, or display User-Generated Content.  The duties, obligations, limitations, and restrictions imposed upon You under these Terms and Conditions of Use shall survive any such suspension or termination, and we shall in no way be liable to You or any third party as a result of any such suspension or termination.
18. Use Prohibited Where Contrary to Law.

Access to or use of the Site or any Content is expressly prohibited in any jurisdiction in which such access or use may violate any laws, rules, regulations, or ordinances applicable to such jurisdiction.  Accordingly, You hereby agree (a) not to access or use the Site or Content in any such jurisdiction; (b) that You are solely responsible for adhering to this provision and to the compliance with any and all laws, rules, ordinances, and regulations applicable to the access to and use of the Site and Content and/or the prohibition thereon in any jurisdiction; and (c) that any failure on Your part to adhere to the requirements imposed upon You pursuant to subsections (a) and (b) of this Section 18 is at Your sole risk and liability.
19. No Waiver.

Our failure to enforce at any time any one or more of the terms or conditions of these Terms and Conditions of Use shall in no way be or constitute a waiver of such terms or conditions or of our right to enforce such terms or conditions at any other time, nor shall it be a waiver of or otherwise affect our right to enforce any other term or condition of these Terms and Conditions of Use.
20. Severability; Savings.

Should any clause, sentence, provision, paragraph, or part of these Terms and Conditions of Use for any reason whatsoever be adjudged by any court of competent jurisdiction, or be held by any other competent government authority having jurisdiction, to be invalid, unenforceable, or illegal, such judgment or holding shall not affect, impair, or invalidate the remainder of these Terms and Conditions of Use, but shall be confined in its operation to the clause, sentence, provision, paragraph, or part of these Terms and Conditions of Use declared to be invalid, unenforceable, or illegal, and the remainder of these Terms and Conditions of Use shall remain in full force and effect.  The clause, sentence, provision, paragraph, or part that is determined to be invalid, unenforceable, or illegal shall be replaced or modified by way of amendment of these Terms and Conditions of Use, with language that is valid, enforceable, and legal and that preserves our intent as it pertains to such clause, sentence, provision, paragraph, or part.
21. Amendment.

We reserve the right to amend, supplement, update, alter, revise, or otherwise modify these Terms and Conditions of Use at any time and for any reason.  Any such amended, supplemented, updated, altered, revised, or modified Terms and Conditions of Use shall be binding and immediately effective as the Terms and Conditions of Use applicable to the Site upon the posting thereof to the Site.  Your continued access to and use of the Site upon the posting of any amended, supplemented, updated, altered, revised, or modified Terms and Conditions of Use constitutes Your acknowledgment, acceptance, and agreement thereto and to be bound thereby.  Please refer back to these Terms and Conditions of Use on a regular basis to make sure You are at all times aware of the most up-to-date Terms and Conditions of Use.
22. Arbitration.

By accessing and/or using the Site, You agree that we, at our sole discretion, may require You to submit any disputes arising from, related to, resulting from, or otherwise in connection with Your access to and/or use of the Site, or these Terms and Conditions of Use concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in these Terms and Conditions of Use or their adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Texas, without regard to choice of law provisions.

 

Any award in an arbitration initiated under this clause shall be limited to monetary damages, as limited by the limitations of liability provisions of these Terms and Conditions of Use, and/or to injunctive relief as may be specifically identified in and under these Terms and Conditions of Use.
23. Governing Law; Jurisdiction; Exclusive Venue.

These Terms and Conditions of Use will be governed by, interpreted, and construed in accordance with the laws of the State of Texas (without giving effect to conflicts of laws provisions).  Subject to Section 22 of these Terms and Conditions of Use, the exclusive venue for any claim, action, dispute, or lawsuit resulting from, arising out of, or to construe or enforce these Terms and Conditions of Use and Your access to and use of the Site and the Content shall be a court of competent jurisdiction in and for Collin County, Texas.
24. Headings and Captions.

The headings and captions used in these Terms and Conditions of Use are for convenience only and shall not limit, expand, affect, alter, or otherwise modify the meaning of any text.
25. Entire Agreement.

These Terms and Conditions of Use, as may be modified from time to time, and the Privacy Policy referenced and incorporated herein, as may be modified from time to time, constitute the entire agreement with respect to Your access to and use of the Site and the Content as well as any and all other subject matter hereof and supersede and replace any and all prior and contemporaneous agreements and understandings of the Parties in connection therewith. No covenant or condition that is not expressed in these Terms and Conditions of Use shall affect or be effective to interpret, change, or restrict these Terms and Conditions of Use.  There are no representations, agreements, or inducements other than those set forth expressly and specifically in these Terms and Conditions of Use upon which You have relied to agree to and accept these Terms and Conditions of Use.
26. Attorneys’ Fees, Costs, and Expenses.

Should we file suit, an arbitration proceeding, or otherwise claim or defend the enforcement of these Terms and Conditions of Use, we may recover our reasonable and necessary attorneys’ fees, together with all costs and expenses, incurred with respect thereto.
27. Complaint Procedures.

Any suspected or known violations of these Terms and Conditions of Use or misuse of the Site or the Content should be reported to us immediately by submitting a communication to us via the Contact page of the Site.

 

FacesOfProLife.com is a domain name and corresponding website owned and operated by Online for Life, Inc., a Section 501(c)(3) non-profit organization.

Version 8/12/14