Last Updated: February 25, 2016
Welcome to the website of DonBacon.org (“THE SITE”) We know your online privacy is important to you, and we want you to know how we may collect, use, disclose or store Personal Information on this and Related Project Websites. “Personal Information” is your name, contact information and other data associated with your name or contact information.
This Privacy Policy applies to THE SITE’s online collection of Personal Information via this Website and any Related Project Websites. Please note that this Policy does not govern THE SITE’s offline collection of Personal Information or collection of Personal Information, online or offline, by THE SITE’s parent(s), affiliates, or any other entity, unless otherwise specifically stated. This Policy does not apply to THE SITE’s presence on a third-party social networking site or any mobile applications not offered for download on this Website – please see the privacy statements at those locations to learn how your information will be handled.
Personal Information
We collect the Personal Information you provide us when you request information, register with our Website, make a donation, or otherwise contact us. THE SITE uses such information to provide you service, improve its offerings and advance its mission.
We may share your Personal Information with our service providers and affiliates, as well as other organizations that share our views. We may make this information available to other third parties. We will disclose Personal Information if required by law, and may share it in order to protect the legal rights, property or safety of us or third parties. We also will disclose Personal Information to any new or successor entity, should THE SITE be reorganized, acquired or merged with another entity, in whole or part.
Children’s Privacy
This Website and any Related Project Website are not directed to children younger than thirteen years old. We do not knowingly collect, use, store, or disclose the Personal Information of any person under the age of thirteen. When a user discloses Personal Information on the Website, or any Related Project Website, he or she is representing his or her age as at least thirteen years.
Cookies and Similar Technologies
Like many websites, this Website and Related Project Websites use cookies, image tags, and similar technologies. A cookie is a small text file containing a unique identification number that is stored on your computer. Image tags (also called web beacons, web bugs, clear GIFs or single-pixel GIFs), which work in conjunction with cookies, are small image files that may be located on select pages of our Website, or Related Project Websites, or within web-based emails that we may send. We also collect your IP address and other information that your browser makes available as a function of visiting our Website.
We use these technologies to learn how our site is used, save your preferences and improve the performance and offerings of our Website and Related Project Websites. These technologies do not collect Personal Information, as they do not include your name or contact information. We may share information collected via these technologies to improve our offerings, to advance our mission, or for other purposes
Third-Party Links and Ads
This Website and Related Project Websites may include links to online offerings provided by third parties that THE SITE does not own or control. This Privacy Policy does not apply to those third-party offerings. We encourage you to visit any privacy statement available at those locations to learn how your Personal Information may be collected and used.
This Website and Related Project Websites may contain advertisements provided by third parties. Often, these third-party advertisers employ cookies and similar technologies. This Privacy Policy does not apply to third party ads that may appear on our Website or Related Project Websites, even if we have relationships with those third parties and even if their advertisements appear on our Website. Please visit the privacy statements of these third parties to learn about their practices.
Security
THE SITE has taken steps designed to protect your Personal Information, and we require our service providers to take similar precautions. Nonetheless, we cannot guarantee that your Personal Information will not be accessed without authorization. Please note that Personal Information sent over an unsecured Internet connection could be obtained by third parties.
Contact
If you have questions concerning this Privacy Policy and/or the Website or Related Project Websites, please contact:(202) 559-6420.
TERMS OF USE
The following are terms of a legal agreement (the “Agreement”) between you and THE SITE. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on the Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that THE SITE may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
HYPERLINKING
THE SITE makes no representations whatsoever about any other web site that you may access through the Site. When you access a non-THE SITE web site, please understand that it is independent from THE SITE, and that THE SITE has no control over the content on that web site, even if THE SITE provides information or services to the owner of that web site. In addition, a link to a non-THE SITE web site does not mean that THE SITE endorses or accepts any responsibility for the content or the use of such web site. In fact, THE SITE disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
COPYRIGHTS AND USE OF WEB SITE CONTENT
The copyright in all materials provided on the Site is held by THE SITE or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of THE SITE or the copyright owner. Permission is granted to download one copy of the materials on this web site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on the Site without THE SITE’s express written permission. Any unauthorized use of the materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of THE SITE or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
TRADEMARKS
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of THE SITE. Other trademarks, service marks and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other THE SITE intellectual property displayed on this Site. THE SITE aggressively enforces its intellectual property rights to the fullest extent of the law. You are prohibited from using in any way the name “DonBacon.org” or any other Trademarks appearing on the Site, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written permission from THE SITE. THE SITE also prohibits use of the term “DonBacon.org” or any other Trademark as part of a link to or from any web site unless establishment of such a link is approved in advance and in writing by THE SITE.
USER POSTINGS
You acknowledge and agree that THE SITE owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on the Site (your “Submissions”). You hereby waive any and all claims against THE SITE for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with THE SITE’s use and publication of such Submissions. This means that anything you submit to the Site will be owned by THE SITE and may be used by THE SITE for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event THE SITE’ ownership of such Submissions is successfully contested, you automatically grant THE SITE a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. THE SITE does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this web site by any user of this Site, information provider or any other third party.
THE SITE expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions are at your sole risk. You covenant that you will not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. THE SITE, in its sole discretion, reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained through your use of the Site. This information is provided to you with the understanding that THE SITE’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. You should not rely upon information on the Site for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, THE SITE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this web site by THE SITE, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information is at your sole option and risk. Moreover, THE SITE does not grant any license or other authorization to you to use the Site in any manner if such use in whole or in part suggests that THE SITE promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products or services.
ACCESS TO THIS SITE
THE SITE may alter, suspend or discontinue the Site or your access to the Site at any time for any reason, without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user is solely responsible for ensuring that any information or content obtained from this web site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE SITE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE; OR (4) THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE SITE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE OR OBTAINED FROM YOUR USE OF THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY TO YOU FROM THE SITE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless THE SITE and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, vendors, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You agree to cooperate as fully as reasonably required in the defense of any such claim. THE SITE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the laws of the State of (insert State of incorporation or approved operating jurisdiction), United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of (same as above). You further agree and expressly consent to the exercise of personal jurisdiction in the State of (same as above) in connection with any dispute or claim involving THE SITE. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
THE SITE prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this web site infringes your copyright, you should notify THE SITE of your copyright infringement claim in accordance with the procedure set forth below. THE SITE will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent, who can be contacted via the email link on the contact page.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EMAIL TRAFFIC
The information contained in any email traffic from this site may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of any message or attachment is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received any communication in error, please contact the sender by reply email and destroy all copies of the original message and attachment(s).
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and THE SITE with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by THE SITE.