WEBSITE USER AGREEMENT
(TERMS & CONDITIONS)
This website with its home page at ten24.org (the “Website”) is an informational and interactive website offered by TEN:24, Inc., a Texas nonprofit corporation (“TEN:24”), at no charge to users of the World Wide Web, with the express condition that such users agree to be bound by the terms and conditions set forth in this User Agreement. TEN:24 reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
DESCRIPTION OF SERVICES
TEN:24, is a registered nonprofit organization and has an application pending with the IRS for tax-exempt status. This website provides a platform for user to learn about the ministry of TEN:24, to register for trips, and to make donations to this work. We utilize third-party providers to enable users to make contributions to the continued work and ministry of TEN:24 an to register for trips. TEN:24 assumes no responsibility or liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by the end user.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
Some third-party providers allow you to create an account with their service. Users who wish to create an account with one of these providers must also agree to the terms and conditions set forth on their respective websites. Users creating such accounts are responsible for maintaining the confidentiality of their user ID and password, and are fully responsible for all activities that occur under their account. TEN:24 does not retain or assume liability or responsibility for such use.
USER SUBMISSIONS
By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of TEN:24. You grant and warrant that the owner of such content has expressly granted TEN:24 and its designees a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by TEN:24 at its sole discretion.
MODIFICATIONS TO THE SERVICE
TEN:24 reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TEN:24 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION
You agree that TEN:24 and its designees, in its or their sole discretion, may terminate your password, your giving fund, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if TEN:24 believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, although TEN:24 shall send electronic notice to you at the point of such termination, and you acknowledge and agree that TEN:24 may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that neither TEN:24 nor any agent or designee shall be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TEN:24 ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TEN:24 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TEN:24 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEN:24 DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TEN:24 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEN:24 AND ITS DESIGNEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree that you will hold harmless TEN:24, its agents and designees, and each of the foregoing’s officers, directors, employees, members, managers, agents, contractors and volunteers (the “Released Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will TEN:24 or the contributors of information to this Website and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless the Released Parties from and against all losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use. TEN:24 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
ENDORSEMENTS
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of TEN:24 or endorsed by TEN:24. TEN:24 may provide links on the Website to other websites which are not under the control of TEN:24. In general, any website which has an address (or URL) which does not contain “ten24.org” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by TEN:24 of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
DONATIONS
If you wish to make a donation to TEN:24 through the Website or through a linked-to website operated by TEN:24’s payment processor for donations (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY DONATION. By submitting such information, you grant TEN:24 or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. TEN:24 reserves the right, at its sole discretion, to refuse or cancel any Donation for any reason. TEN:24 or its payment processor may automatically process charges against your selected payment method on the receipt page. TEN:24 or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.
Please review the TEN:24 Privacy Policy located here for information on how we use personal information submitted in connection with Donations.
USAGE OF MATERIAL
Except as to Public Content, and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to TEN:24 and/or its licensors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without TEN:24’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of TEN:24, provided that the user does not remove any legal notices, including any trademark, copyright or other notices contained in such Material.
TRADEMARKS / COPYRIGHTS / RIGHT OF PUBLICITY
All trademarks and service marks appearing on the Website are owned by TEN:24 and/or its licensors, or their respective owners, including without limitation the TEN:24 word mark and logo. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of TEN:24 is expressly prohibited and all rights thereto are reserved.
JURISDICTION
This Website (excluding linked sites) is controlled by TEN:24, which is headquartered in the State of Texas, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Website both you and TEN:24 agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and TEN:24 also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Fort Worth, Texas, with respect to such matters. TEN:24 makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LINKING INFORMATION
TEN:24 encourages and permits text links to content on the TEN:24 Website, ten24.org, provided: (a) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with TEN:24’s name, service marks trademarks and/or other intellectual property and assets of TEN:24; (b) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than TE:24 is associated with or sponsored by TEN:24; and (c) TEN:24 reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.
CONTACT
For any questions about these Terms of Use, please contact us at info@ten24.org.
(Last Modified: October 24, 2018)