INFINITE FAMILY WEB SITE
Last Updated on December 19, 2016
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, 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 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: User Content
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.
EZNet: Notice And Procedure For Making Claims Of Copyright Infringement
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 Stokes
475 Riverside Drive, Suite 1372
New York, NY 10115
To comply with the Copyright Act, your Notice must be in writing and must include the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(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 us to locate the material;
(4) Information reasonably sufficient to permit us 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 copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
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:
(1) A physical or electronic signature of the alleged infringer;
(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
(4) The alleged infringer’s name, address, and telephone number; and
(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
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.
Permitted Use; Ownership Of Content
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.
Infinite Family does not have access to nor keep a copy of any credit card information that is entered into the Donation Merchant web site.
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.
Limitation of Liability
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 at email@example.com.
Infinite Family is committed to protecting your privacy. This Privacy Statement describes our treatment of your personal information, how you can make choices about that treatment, and how you can request access to your information.
Personal Information We Collect
We do not require you to provide Your Personal Information in order to access general information on Our Site. To participate in certain activities on Our Site, we ask for certain personal information (such as your name, organization, mailing address, telephone number, e-mail address) and you may also choose to share personal information on EZNet (collectively, ("Your Personal Information"). For example, we ask for Your Personal Information in the volunteer sign-up form. In addition, you have the opportunity to submit Your Personal Information to us (but are not required to do so) if you create an EZNet profile.
Protection of Children Under Age 13
Infinite Family’s mission is to connect children with mentors around the world. Children who are Infinite Family Net Buddies, including those under age 13, may use Our Site. In order to use EZNet, children must provide username and password and may provide other information in their profile or in other areas of EZNet. As with all users, if a child does provide Personal Information, we do not share it with any third parties other than the Vendors (described below) that provide support for the internal operations of Our Site and other users of EZNet (“EZNet Users”), in the case of information shared on EZNet.
Before a child can participate in our mentoring programs or create an account on EZNet, the child’s parent or legal guardian is required to give consent to our collection of the child’s information. If you are a parent or legal guardian of a child under age 13 who you believe may have provided his or her personal information to us through Our Site, you may review your child's personal information, ask us to delete it, and refuse to permit us to collect any more information from your child. To do so, please contact us at mailto:firstname.lastname@example.org.
How We Use Your Personal Information
By giving Your Personal Information to us, you give us permission to store and use it for the purposes described in this section. We use Your Personal Information for the purposes for which you give it to us, including:
- To process registrations for Infinite Family activities;
- To operate the EZNet site;
- To develop and improve our services and activities; and
- To provide you with information on events or other news that we think might interest you.
We will use the information you submit to us on EZNet only for the purpose of making it available to other EZNet users. All of the information you submit on EZNet will be available to other EZNet users, except for your password. Please do not submit information on EZNet that you do not wish to share with the EZNet community.
If you do not want Infinite Family to send any communications to you, or if you want to limit the kinds of communications sent to you, you can indicate your preferences by selecting the "unsubscribe" option in our emails or by contacting us by email at mailto:email@example.com by phone at (212) 400-7446.
Our servers automatically log certain non-personal information of visitors to Our Site that Infinite Family uses for statistical analysis of web site traffic. The information is stored as log files on our server. The log files are regularly collected and analyzed by software to produce visitor trend reports. Our server logs do not collect personally identifiable information (such as names, addresses, etc.) about individual users. Infinite Family also collects non-personal information through such mechanisms as cookies, clear GIFs and other graphical files placed on web pages of Our Site. Infinite Family does not link non-personal information it collects through Our Site to individual users' personally identifiable information.
The non-personal information we collect includes:
- Total page views associated with a particular computer;
- The length of time a user remains on Our Site;
- The length of time a user remains on each page on Our Site;
- Web pages accessed by a particular computer;
- Actions taken during a visit on a particular web page (e.g., links or banner ads clicked);
- A user's browser type, computer platform and Internet connection speed; and
- A user's IP address.
This information is used to for analysis, such as:
- Traffic patterns;
- Average visitor session length;
- Number of visitors to certain areas of the site;
- Number of total new visitors;
- Number of total repeat visitors;
- Other user trends; and
- Possible improvements to web site navigation and infrastructure.
Sharing Information With Third Parties
Sharing Information With Vendors
Infinite Family shares Your Personal Information and non-personal information collected about visitors to Our Site with third-party Vendors ("Vendors") to provide certain services, such as web site hosting and contact management, which are necessary for the operation of Our Site.
Any information you provide on EZNet, except for your password, will be made available to all other EZNet Users.
Sale of Personal Information
Infinite Family does not sell the personal and contact information of our users to third-parties for marketing or commercial purposes.
We may disclose and use Your Personal Information in special circumstances where it is necessary, including to protect our proprietary or third-party rights, in connection with a sale or transfer of some or all of our assets in Our Site, when the law requires us to do so, and in other circumstances in which we believe, in good faith, it is necessary or appropriate.
Scope of this Privacy Statement
This Privacy Statement applies to your use of Our Site only. We do not own, operate or control the web sites of our Vendors, including our Donation Merchant, which processes your donations through its own web site. Accordingly, this Statement does not apply to any Vendor's web site or any Vendor's collection, use, storage and disclosure of Your Personal Information.
Our Donation Merchant shares with us your name, address, the amount of your donation, and the last four digits of your credit card number. We retain this information for accounting and IRS documentation purposes, to respond to donor inquiries, to thank you and to keep you updated on our activities and programs.
Links to Third-Party Web Sites
Our Site contains links to other web sites. We have no control over these web sites. Be sure to read the privacy policies that govern your use of other sites before giving them any of Your Personal Information. Because we are not responsible for the collection of personal information on any other site, you should direct any questions or concerns regarding the privacy practices of another site to the administrator of that site.
Our hosting service provider maintains its systems in accordance with reasonable industry standards (e.g., using firewalls) to secure user information. However, no transmission over the Internet can be guaranteed to be 100% secure. Therefore, you provide us with your information at your own risk.
Location of Servers and Transfer of Information
Our servers are located in the United States and South Africa. If you are located outside of the United States, be aware that the information you provide to us will be transferred to the United States. By using Our Site or providing Your Personal Information to us, you consent to this transfer and to the collection, storage, processing and use of your Personal Information in the United States. If you are located in the United States, our service providers may not be located in your geographic area in the United States. By providing Your Personal Information to us on Our Site, you consent to the transfer of Your Personal Information to these service providers.
Review and Update Your Personal Information
We will take reasonable efforts to let you review Your Personal Information and, upon your instructions, to correct inaccuracies in or delete Your Personal Information from our databases. If you wish to review Your Personal Information or have any questions regarding our treatment of Your Personal Information, you can contact us by email at mailto:firstname.lastname@example.org; by phone at (212) 400-7446; or by mail: Infinite Family, Attn: Infinite Family, Attn: Amy Stokes, 475 Riverside Drive, Suite 1372, New York, NY, USA.