Service Terms and Conditions

Introduction and Acceptance


From time to time, the Njoy Foundation ("NJF") may provide you with the opportunity to use certain services via one or more of its websites ("Services").  Some of these Services include the ability to use website development tools, to access a fundraising web space that can be personalized with your own content in order to create a personal webpage ("Personal Homepage"), and to create unique videos using NJF-provided content and music as well as your own personal pictures ("Videos").  The term "Services" includes any tools, pictures, information, and other content provided by NJF in connection with the Services.

A limited license to use the Services shall be granted to you free of charge on the express condition that you accept, without modification, and abide by these Service Terms and Conditions ("Service Terms").  If you do not agree to these Service Terms, please do not use any of the Services.  By using any of the Services, you agree that you have read, understood and agree unconditionally to be bound by these Service Terms, and further understand and agree that these Service Terms are in addition to our general Terms of Use, and that your use of each of the Services is subject to both these Service Terms and our general Terms of Use. 

Please read these Service Terms carefully.  From time to time and at its sole discretion, NJF reserves the right to change these Service Terms for any reason, with or without notice to you.  However, if the Service Terms change, we will always post the revised Service Terms on our website www.njoyfoundation.org (our "Main Website") or another website that we designate as the successor Main Website.  This means that the then-current Service Terms posted on the Main Website will always be the governing Service Terms.  We encourage you to review the Service Terms regularly for any changes.  Your continued use of the Services will mean acceptance of any changes we make to the Service Terms.  You may view a printable version of these Service Terms by clicking here. 

You may withdraw your consent to these Service Terms or the general Terms of Use at any time for any reason by providing written notice to us using the contact information provided below.  In such event, we will have the right, but not the obligation, to promptly remove any content that you have stored on our websites or servers (including, without limitation, any videos or pictures that you have stored) and/or discontinue allowing access by third parties to such content (including, without limitation any Videos or Personal Homepages), and the provisions regarding termination below will apply.

If you have any questions about our Service Terms or would like to withdraw your consent to these Service Terms or the general Terms of Use, you may email us or write to:


By email: info@njoyfoundation.org

By conventional mail:
Njoy Foundation
Attn: Web site Legal Policies
P.O.  Box 26672
Benbrook  TX  76126-0672

NJF Rights and Limitation of Liability


NJF reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on NJF's servers on your behalf.  Without limiting the foregoing, you agree that NJF shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Homepage or Video, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or in connection with your Video, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of NJF.

You acknowledge that NJF reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that NJF shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

IN NO EVENT SHALL NJF'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.


Your Obligations


In exchange for receiving the Services, you agree that you will not:

(1) Use the Video, your Personal Homepage, or any other Service for any purpose other than in connection with helping NJF fulfill its mission, which is to inspire and empower people affected by various special needs, or in connection with proper and legal fundraising activities related to your participation Tour de Benbrook or other NJF-related event or program, as applicable;

(2) Use the Video, your Personal Homepage, or any other Service either directly or indirectly, in connection with any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);

(3) Illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute any of the Services, any other party's Video or Personal Homepage, or any other data or information provided on NJF's websites or in connection with the Services;

(4) Alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person;

(5) Access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in NJF's systems or network resources;

(6) Impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorized computer functions to NJF's computer systems or those of any other users or any other person;

(7) Use the Video, your Personal Homepage, or any other Service to engage in any practice or conduct that is unlawful under any applicable laws or regulations; or

(8) Use the Video, your Personal Homepage, or any other Service to engage in any activity that harms or would be reasonably likely to harm the reputation, image, or goodwill of NJF.

You may select a log-in and password upon completing the user account's registration process.  You are responsible for maintaining the confidentiality of your log-in and password, and are fully responsible for all activities that occur under your log-in and password.  Without limiting the foregoing, you must immediately notify NJF of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services. 

License


With respect to any pictures, information, writings, or other content provided by you in connection with the Services or uploaded onto our website's servers ("Your Property"), you hereby grant to NJF and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of NJF, as described above.  These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, "Likeness") in connection with our use of Your Property; and (c) identify you as the source of the Likeness. 
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as permitted above, or the exercise by NJF of the rights granted to NJF above. 
The rights and licenses granted by you with respect to Your Property shall survive the expiration or termination of these Service Terms or the Services for any reason.


Indemnification

You agree to defend, indemnify, and hold harmless NJF and its subsidiaries, affiliates, officers, agents, partners, and employees for all liabilities, damages, fees, losses, costs, and expenses of whatsoever kind or nature (including reasonable attorneys' fees and court costs) arising out of or in connection with any claim arising out of or in connection with (i) any act, omission, misrepresentation (including any unauthorized representation) or negligence by you or anyone acting on your behalf; (ii) any violation of any applicable law by you or anyone acting on your behalf; (iii) any breach of these Service Terms or the general Terms of Use by you or anyone acting on your behalf; or (iv) any claim that Your Property violates the intellectual property or any other proprietary rights of a third party. 


Termination

You agree that NJF may, in its sole and absolute discretion, immediately terminate your Personal Homepage, Video, any associated email address or link, and/or access to the Services without any prior notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Service Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the website, (h) discontinuance of the Services as a whole, (i) a statement by you that you no longer agree to these Service Terms or the Terms of Use, or a statement by you otherwise requesting termination of your access to the Services, (j) completion of the NJF event or program in which you are participating, and/or (i) any other reason reasonably considered by NJF to be in its best interest.
Termination of your NJF account may include, at NJF's sole and absolute discretion, (a) removal of access to all offerings within the Services, including but not limited to your Personal Homepage, Video, and NJF's email, groups, message boards, website development tools, (b) deletion of your user name and password and all email, information, files and content associated with or on your Personal Homepage, and (c) barring further use of the Service. 
All terminations shall be made in NJF's sole discretion and that NJF shall not be liable to you or any third-party for any termination of your access to your Video, Personal Homepage, Your Property, or any associated email, email address, information, or other content, or access to the Service.  Upon termination, NJF will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to NJF with respect to the Services terminated; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination.

Unless expressly set forth otherwise, no right or remedy granted by any provision of these Service Terms is intended to be exclusive of any other right or remedy provided in these Service Terms or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Service Terms, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Service Terms, at law, in equity, or otherwise.


Force Majeure

Neither party shall be liable to the other party for any failure to perform its obligations under these Service Terms if such failure was the result of an act, occurrence, or other event outside of its reasonable control, including without limitation: acts of God, fire, severe weather, and other natural disaster and events; accidents, acts of government, war, warlike conditions, terrorism, and public disorder; a failure or error in the operation, of all or any part of the website, NJF computer systems, logistics infrastructure, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, and the taking offline of any of those computer systems or network resources when necessary; and any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this website or network resources or any other computer systems or network resources to which they may be connected by any person.


Ownership of Videos

Notwithstanding anything to the contrary in these Service Terms, you acknowledge and agree that NJF shall be the sole and exclusive owner of all intellectual property rights in and to the Videos, except with respect to any of Your Property that is incorporated into the Video, to which NJF is granted the license set forth above.  You hereby assign and transfer any and all right, title and interest you may have in any Video that you create (with the exception of any of Your Property) and agree to deliver promptly to NJF any written instruments and perform any other acts necessary in NJF's reasonable opinion to vest with NJF all of your right, title and interest in any Video that you create to the greatest extent possible.