SAY THANK YOU WITH A SONG

TERMS OF USE AND CONDITIONS

Welcome to the World Childhood Foundation, Inc. ThankYou.org website and mobile application. These Terms of Use and Conditions (“Terms”) govern your use of the ThankYou.org (“our”) website and mobile application (collectively, the “Site”). Please read the terms in full before using our Site. By accepting these Terms, or by using the Site, you agree to be legally bound by these Terms, our Privacy Policy and Notice of Privacy Practices. If you do not agree to these Terms, please do not use our Site.

The effective date of these Terms of Service is June 25, 2015. These Terms and Services are last updated on June 25, 2015. 

 

We may, without notice, at any time revise these Terms of Use and any other information contained in the Site; we will specify on the Site the date on which these Terms of Use were last revised.  We may also, without notice, at any time make improvements or changes in the products, services, or programs described in this Site.  It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to them.

 

ACCESS TO SITE

You will be able to access our Site without having to register any details with us. However, if you should choose to send a message through our Site, you will have to provide some information to be able to do so.

You may only access our Mobile App by downloading it from third-party websites. These Terms are only applicable to the use of our Site and Mobile App. We do not have any control over third-party websites or applications and as such, we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s terms of use and conditions and privacy policies when you choose to download our Mobile App.

USE OF SITE

The World Childhood Foundation, Inc., and its affiliates (“WCF”) own, control, and/or license all text, graphics, interfaces, photographs, trademarks, logos, button icons, and computer code contained on the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content.  The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

This Site and all Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without WCF’s prior written consent.  However, as long as you comply with these Terms of Use, WCF grants you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Site. This permission is conditioned on your not modifying the Site Content, and your acceptance of any terms, conditions, and notices accompanying the Content or otherwise set forth in this Site.  Notwithstanding the foregoing, any materials available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the Site’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice.  Except for the limited permission in the preceding paragraph, WCF does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

The contents of our Site and Mobile App may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site or Mobile App are the property of their respective owners. To the extent that any product name or logo does not appear with a trademark (™), this does not constitute a waiver of any and all intellectual property rights that WCF has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this website.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While we endeavor to ensure the timeliness and accuracy of the Site content and services, we make no warranties, either express or implied, and assume no liability or responsibility, for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site, or its content, is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While  reasonable efforts are made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While we endeavor to ensure smooth and continuous operation, we do not warrant the Site will operate error free.

SITE UPTIME

We endeavor to ensure that our Site and Mobile App are available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

USER CONDUCT

Any material you send or post to our Site shall be considered non-proprietary and non-confidential. See also our Privacy Policy and Notice of Privacy Practices, which can be found here

When using our Site, you shall not post or send to or from the Site:

  • content for which you have not obtained all necessary consents;

 

  • content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;

 

  • content that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our Site in breach of this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means.  You may not breach the security or authentication measures on the Site or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site.

You may not impersonate any other individual or entity when using this Site.  You may not use the Site or any Content for any unlawful or prohibited purpose, or to solicit the performance of any illegal activity.  You may not use the Site to defame, harass, threaten, or intimidate others.

VIOLATION OF THESE TERMS OF USE

You agree that WCF may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if WCF determines that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to WCF, for which monetary damages would be inadequate, and you consent to WCF obtaining any injunctive or equitable relief that WCF deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WCF may have at law or in equity.

 

You agree that WCF may, in its sole discretion and without prior notice, terminate your access to the Site, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.  WCF similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

If WCF takes any legal action against you due to your violation of these Terms of Use, WCF will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to WCF. You agree that WCF will not be liable to you or to any third party for termination of your access to the Site for any reason.

LINKS TO AND FROM THIRD-PARTY WEBSITES

Any links furnished on our Site may allow you to leave our Site. These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked sites or any link(s) contained in any such linked site(s) or any changes or updates to any of these sites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the site(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

  • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed upon with us;

 

  • you do not misrepresent your relationship with us or present any false information about us;

 

  • you do not link from a website that is not owned by you; and

 

  • your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

DISCLAIMERS AND LIMITATION OF LIABILITY

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an entertainment resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

WCF DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS SITE. 

WCF CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  WCF CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE SITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE.  WCF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WCF DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY WCF SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WCF FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

in no event will WCF be liable to you for any DIRECT, indirect, consequential, SPECIAL, exemplary, incidental or punitive WHATSOEVER damages, including lost profits, even if COMPANY has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, WCF is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, WCF’s liability shall in no event exceed US $100.00.  Please be advised that some jurisdictions restrict limitations of liability, so the foregoing limitation shall apply to you to the fullest extent permitted by the law of the applicable jurisdiction.

The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.

.INDEMNIFICATION

You agree to defend, indemnify, and hold us, our existing and future officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site, or your violation of these Terms or your violation of any third-party right, including without limitation any trademark, copyright or other proprietary or privacy right.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

 

APPLICABLE LAW

We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created and controlled in the State of New York, United States of America.  You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York and waive any objection to such jurisdiction or venue.

GENERAL

These Terms, together with the Privacy Policy and Notice of Privacy Practices, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR MOBILE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

OUR CONTACT INFORMATION

World Childhood Foundation, Inc.
c/o Anna De Geer, Secretary General
P.O. Box 19084
SE-104 32 Stockholm
anna.de.greer@childhood.org
+46 8 55 11 7502 (International Telephone Number)

 

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