Welcome to the web site ("Our Site") of Infinite Family ("Infinite Family," "we," or "us"). Infinite Family's mission is to connect children with mentors around the world. These Terms of Use ("Terms"), including our Privacy Statement, set forth the conditions for your use of Our Site. Our Site includes the main site at http://www.infinitefamily.org and the Ezomndeni Net site at http://eznet.infinitefamily.org ("EZNet"), where our mentors and mentees can interact with the rest of the Infinite Family community. By using Our Site, you consent to these Terms, including our collection and use of information about you in accordance with the Privacy Statement. We may update these Terms, including our Privacy Statement, from time to time by posting the modified Terms or Privacy Statement on this page, or, if we determine that it's appropriate, we may post a notice of the change on our home page. By continuing to use Our Site after we have posted such modifications or notice, you agree to the modified Terms.
Please read these Terms carefully, because by using Our Site, you agree to be bound by and comply with its terms. If you do not agree to comply with these Terms, you are not authorized to use Our Site.
If you are an Infinite Family mentor, mentee, employee, partner or advisor, you may register for EZNet account ("EZNet Account"), which allows you to use EZNet's interactive features, such as its discussion forums and blogs. When you register for an EZNet Account, you will be required to select a user name and password, and you may include other information you wish to share with the EZNet community in your EZNet profile. Please carefully review our Privacy Statement [include link to Privacy Statement] to learn more about how information you provide in connection with your EZNet Account and member profile is treated.
You are responsible for all activity under your EZNet Account, including the information and material you provide under it. You must keep the password for your EZNet Account confidential, and you may not transfer your EZNet Account or otherwise do anything to give another person access to it. You must notify Infinite Family immediately if you become aware that anyone has gained unauthorized access to your EZNet Account. You represent, warrant, and covenant that all information you provide in connection with your EZNet Account is accurate and complete.
We reserve the right, in our sole discretion, to suspend or terminate any EZNet Account or to block access to EZNet and the rest of Our Site at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use Our Site in any way that violates any applicable laws or regulations. We are not liable to you for any loss or damage that may result from any refusal to provide you access to Our Site or any portion of it.
EZNet allows users to submit and share information and materials, including text, information, images, photographs, video, or other works of authorship (all together, "User Content"). (References to this User Content also include the member profile you create under your EZNet Account.)
If you submit User Content to Our Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content on Our Site, in whole or in part, in any media now known or later developed; to use the names, likenesses, voices, and other information you submit as part of User Content; and to identify User Content with our description or additional information. When you submit any User Content, you represent, warrant, and covenant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license; and (C) the User Content does not and will not violate any third party's copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal or other right of any kind. You irrevocably release (on behalf of yourself, your successors, heirs, family members, and executors) Infinite Family from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, "moral rights," false light, libel, defamation, false advertising, intentional or negligent infliction of emotional distress) arising out of any use of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.
We have no obligation to display or otherwise use any User Content in any way. We have the right to delete, modify, or supplement User Content (or to prohibit you from submitting any further User Content) at any time for any reason without notice to anyone. User Content is not confidential and is available to Infinite Family and the EZNet community.
You are solely responsible for any User Content that you submit to EZNet. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We may restrict you from submitting new User Content or from otherwise participating in EZNet's interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with these Terms.
We value a diversity of viewpoints and expect users of EZNet to exhibit the same level of respect for others on EZNet as they would in any community forum. All users must practice discretion and maintain civility on EZNet.
Accordingly, you may not (A) submit, upload, post, email, transmit, or otherwise make available any User Content or other information that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene, or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate; (B) send any unauthorized, unsolicited, junk, spam or bulk email, or any advertising or other form of communication that violates these Terms or any law or regulation; or (C) upload, post, email, transmit or otherwise make available any User Content or other materials or information that contain any computer code, file or program designed to interrupt, corrupt, destroy or otherwise interfere with or limit the functionality of any software, hardware or equipment or make any authorized transmission or cause any other effect that might reasonably be considered undesirable.
We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on EZNet. If you believe that any material posted on EZNet infringes your copyright, then you may request the removal of those materials from EZNet in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) ("Notice") must be sent to the agent we have designated with the Copyright Office:
Amy Conrad Stokes
c/o Infinite Family
71 Rockland Avenue, 3rd Floor,
Yonkers, NY 10705
T +1.212.400.7446 x11
F +1.914.207.6986
or by email
To comply with the Copyright Act, your Notice must be in writing and must include the following:
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on EZNet.
You may access and use Our Site for your personal, non-commercial purposes only. As a condition to your continued use of Our Site, you warrant that you will not use Our Site for any purpose that violates (A) these Terms, (B) any law or regulation, or (C) the rights of Infinite Family or any third party.
All material on Our Site is protected by United States and international copyright law. You must abide by all copyright notices and restrictions contained in Our Site. You may print one copy of the pages posted on Our Site ("Site Content") for your personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright or other notices displayed on the Site Content. Aside from this one copy, you may not reproduce, distribute (in any form, including over any local area or other network or service), display, perform, create derivative works of, sell, license, extract for use in a database, or otherwise use any Site Content (or any computer programs and other code) on Our Site. You may not modify or alter the proprietary notices or any content that is printed from Our Site.
INFINITE FAMILY, the Infinite Family logo, and other trademarks featured on Our Site are trademarks owned by Infinite Family in the United States and other countries ("Our Trademarks").
You may not use Our Trademarks (i) in any way we do not authorize or in connection with any product or service that does not belong to us, (ii) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or (iii) in any manner that disparages or discredits us.
Our Site includes links to the web site of a merchant ("Donation Merchant") that allows you to donate funds to Infinite Family. If you wish to make a donation to Infinite Family, you must leave Our Site and go to the site of the Donation Merchant. Any information you share or actions you take on the Donation Merchant's web site are governed by the Donation Merchant's terms of use and privacy statement, which you should review carefully to learn about its practices. We provide the links to the Donation Merchant's web site for your convenience only, and Infinite Family makes no representations or warranties about or on behalf of the Donation Merchant.
We may provide links to other web sites ("Other Sites"), including the link to the Donation Merchant described above. The links do not imply that we endorse or sponsor the Other Sites in any way. We exercise no control whatsoever over Other Sites and are not responsible or liable for the content or activities on them. You use any Other Sites solely at your own risk. Under no circumstances may you "frame" Our Site or any of its content or copy portions of Our Site to a server, except as part of an Internet service provider's incidental caching of web pages. Each page from Our Site must be displayed in full (including all trademarks, service marks, branding, and content), without any accompanying frame, border, design, trademark, advertising or other materials not originally displayed on the page as it appears on Our Site.
OUR SITE IS AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE WAS DISCLOSED)
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY STATEMENT OR INFORMATION MADE AVAILABLE ON OUR SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. IF YOU RELY ON OUR SITE OR OBTAIN ANY MATERIALS, GOODS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO SOLELY AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT ARE AVAILABLE ON IT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
WE ARE NOT LIABLE FOR ANY DAMAGE, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES, OR MATERIALS ON OUR SITE, INCLUDING CLAIM BASED ON ANY DAMAGE, LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION IN THESE TERMS OF USE.
WE ARE NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH USE OF OUR SITE AND ITS SERVICES OR THESE TERMS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify (and if requested, defend) Infinite Family and its directors, members, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees) that any of them may incur arising out of (A) your acts or omissions in connection with your use of Our Site in any way; (B) your violation of these Terms; or (C) your breach of any representation, warranty, covenant, or obligation in these Terms.
These Terms and any dispute related to Our Site are governed by the laws of the State of New York applicable to agreements made and wholly performed there. By using Our Site, you hereby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the State and County of New York for the resolution of any dispute arising out of these Terms or your use of Our Site and waive any objection to that jurisdiction based on convenience or otherwise.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be considered severed and will not affect the validity and enforceability of any remaining provisions, unless doing so would deprive you or Infinite Family of a material benefit under these Terms.
We reserve the right to cease to operate Our Site (or any services we offer on it) and to terminate these Terms at any time without notice for any reason. The Disclaimers, Limitation of Liability, Indemnification, Governing Law Sections (and any other Section that by its nature or intent should survive) will survive any such termination.
If you have questions, comments, or suggestions about these Terms, including the Privacy Statement, please contact us.