USER AGREEMENT (Last updated on August 12, 2009)
This Agreement supersedes any and all previous Agreements to which you and WAI may have been bound. This Agreement may not be amended orally, through email, or in any other fashion that is not evidenced by the hand-written signature of the President of WAI. In addition to this Agreement, you should note all other legal disclaimers throughout the Website. You should review the Website and this Agreement from time to time to note any modifications.
Financial Gifts to WAI
WAI is a 501(c)(3) non-profit corporation created to enhance the quality of life for needy persons by providing support and grants to local charitable organizations in the developing world (“Aid Worker Organizations”). The Website acts to provide you with information about the Aid worker organizations and specific projects and activities contemplated for completion by the Aid Worker Organizations (“Projects”). WAI allows you to indicate directly, or indirectly through ‘Fundraising Events’ (“Fundraising Events”), OGGs (as defined below), LATs (as defined below) or other such activities, particular Aid Worker Organizations or Project that you would like WAI to support by making donations on the Website to support a particular Aid Worker Organizations or Project. As indicated in several places on the Website, ALL DONATIONS MADE ON THE WEBSITE ARE GIVEN TO WAI AND WAI RETAINS ABSOLUTE AND EXCLUSIVE CONTROL OVER ALL DONATIONS RECEIVED. NO DONATIONS MAY BE “EARMARKED” OR OTHERWISE MADE CONTINGENT UPON ULTIMATELY BEING USED TO SUPPORT ANY OR ONLY aid workerS OR PROJECTS OR OTHERWISE “PASSING THROUGH” WAI TO REACH ANY INTENDED BENEFICIARY. ANY GRANTS SUBSEQUENTLY MADE TO aid workerS ARE MADE AT WAI’S SOLE AND ABSOLUTE DISCRETION REGARDLESS OF ANY INDICATION BY YOU OF WHAT AID WORKER ORGANIZATIONS(S) OR PROJECT(S) YOU WANT YOUR DONATION USED TO SUPPORT. While WAI may seriously consider the input you provide on the Website, in order for WAI to maintain its 501(c)(3) status and thereby allow donations made through the Website to be considered tax-deductible gifts, WAI must have complete control and discretion of all donations. This is a role WAI takes very seriously as WAI considers the ability for donors to deduct their gifts from their taxes a meaningful and important aspect of the organization.
Grants WAI makes to aid workers
All grants WAI makes to its Aid Worker Organizations are given for projects that WAI has approved as being in furtherance of its own charitable purposes, many of them long-term projects, such Aid Worker Organizations are completing in their communities. No grants are made to Aid Worker Organizations for their general use. Aid Worker Organizations are required to use the grant money they receive from WAI to complete the specific project(s) for which WAI made such grant. While, as stated above, donors in no way may direct any donation to a particular Aid Worker Organization or Project, WAI feels it important to provide the information in this paragraph to its users in order to provide clarity and transparency regarding how WAI operates with respect to its Aid Worker Organization.
Volunteer Overseas Opportunities
The Website contains a database of various ‘Volunteer Overseas’ opportunities (collectively, the “Volunteer Overseas Opportunities”). WAI makes no representations of any kind regarding these Volunteer Overseas Opportunities. WAI and the Website act only to provide you with information regarding these Volunteer Overseas Opportunities and put you in touch with the appropriate Aid Worker Organization personnel to provide you with further details. The organization, implementation, and all aspects of these Volunteer Overseas Opportunities are conducted by Aid Worker Organization with no oversight or involvement of any kind by WAI. You recognize and acknowledge that WAI is in no way liable for any harm or injury you incur as a result of participating in any of the Volunteer Overseas Opportunities.
Community Information Provided by WAI
The Website provides opportunities for users to join various donor communities including those indicated as ‘Online Giving Groups’ and ‘Local Activity Teams’ on the Website (“OGGs” and “LATs”, respectively). WAI does not monitor or supervise the actions of any members or users of OGGs or LATs. Any interactions between members of OGGs or LATs, whether via the internet, in person, or through any other means, are in no way sponsored, monitored or supervised by WAI and you agree that WAI will not be liable for any harm, liability, cost or expenses you incur as a result of any interaction or association with OGGs or LATs.
WAI’s Proprietary Rights
“WideAwake.org” and the “WideAwake.org” logo are proprietary property of WAI. WAI maintains ownership and retains all proprietary rights in the Website and all material, content and any information posted on the Website (“Website Content”). The Website contains trademarks, copyrighted material, and other of WAI’s proprietary information. Except as otherwise stated herein, you are allowed to display and print limited copies of the Website Content for personal, non-commercial use (including for promotion of the Website, Aid Worker Organizations, Projects, Fundraising Events, OGGs, LATs or other programs or activities supported by the Website), but you may not modify, change, publish, alter, distribute, or sell any Website Content or otherwise transmit or copy any Website Content without the express, written consent of WAI, and you agree to include any indicia of trademark or similar proprietary status on any reproductions of materials on which WAI holds a trademark or other proprietary right.
If you create any OGG, LAT, Fundraising Event, produce or post any messages, information or content related thereto, or post any messages, content or other information on the Website in any form (“User Content”), you agree to grant, and shall be deemed to have automatically granted, to WAI an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such User Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, such User Content; and (c) grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right, power and authority to grant the foregoing license. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WAI all of the license rights granted herein. For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to WAI, you hereby grant WAI a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and WAI's (and its successors' and aid workers') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
If you upload or post any photographs of yourself or any other images on the Website, you agree to release, discharge and hold WAI harmless from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of such materials, including any claims of infringement of any rights of publicity or rights of privacy.
You acknowledge, consent and agree that WAI may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Website Content (including any and all content located on your ‘MyWideAwake.org’ account) in order to: (a) comply with any applicable law, regulation, legal process, judicial order or governmental request; (b) respond to claims that any Website Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations of this Agreement; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of WAI, its users, or the public.
WAI Standards of Acceptable and Appropriate Use
Your use of the Website shall be in strict compliance with this Agreement and all other legal disclaimers, guidelines and procedures described or set forth on the Website and applicable law. You may not use or attempt to use the Website to raise money, fundraise, promote or otherwise advertise for any other charity or organization other than WAI and/or its aid workers. You may not engage in advertising to, or solicitation of, any user, Aid Worker Organization or any other person to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to any user, Aid Worker Organization or any other person. Illegal and/or unauthorized uses of the Website, including collecting the name, email address or any other personal or confidential information of any user, Aid Worker Organization or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.
WAI does not, nor does WAI assume any obligation or responsibility to do so, monitor the conduct of any user of the Website. It is a violation of this Agreement to use the Website or any information obtained from the Website in order to harass, abuse, or harm another person (including, but not limited to, using profanity or posting pornographic or sexually suggestive images, text or other content). WAI reserves the right, in its sole and absolute discretion, to: (a) remove content from the Website for any or no reason whatsoever, including content that violates this Agreement; (b) limit, restrict or forbid the amount of participation you may have in any or all aspects of the Website, including limiting, restricting or forbidding the number or frequency of messages you may send, limiting, restricting or forbidding you from creating a Fundraising Event, OGG or LAT; and (c) remove or edit your ‘MyWideAwake.org’ account or profile or otherwise limit your ability to use the Website in any fashion whatsoever.
Consent and Request to Solicit
By using the Website, you hereby consent that WAI may solicit you for donations or any other form of support through any and all means, including via email, telephone, mail, in person or otherwise. By your use of the Website, you request and evidence your desire that WAI use the above means and all other forms of solicitation (including the sending of emails thanking you for your support, confirming your donations, your participation in other activities related to the Website, or otherwise providing you information related to WAI and/or its aid workers) in order to encourage your participation and support of the Website and/or the aid workers and other activities promoted thereon. By using the Website, you hereby waive all rights of consent and any other rights granted to you under any law or regulation (federal, state or otherwise) with regard to any and all types and forms of solicitations; and you hereby waive any and all requirements WAI may have to register with any federal, state or local entity prior to contacting or soliciting you for donations or support.
Third Party Websites
The Website contains links to other third-party websites (“Third-Party Sites”) for your convenience of access. WAI does not recommend, maintain or monitor, nor is it responsible for the content of, such Third-Party Sites.
You are encouraged to include hyperlinks to the Website on your own website (or other internet presence). However, we reserve the right to rescind the right to link to the Website at WAI’s sole discretion, at any time for any reason. By including a link to the Website on your own website (or other internet presence) you warrant that the content of your website (or other internet presence) is appropriate and in line with the themes, purposes, rules and other guidelines of WAI and the Website. Please do not link to the Website if your content is not in such conformance.
WAI is not responsible for the conduct, whether online or offline, of any user of the Website or any other person. Under no circumstances will WAI be responsible for any loss or damage, including personal injury or death, resulting from any use of the Website or participation in any Fundraising Event, OGG, LAT or any other activity on the Website, any Website Content transmitted to, or any interactions between, any users of the Website, whether online or offline. WAI neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Website or any of the activities therein.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE, IS AT YOUR SOLE RISK. ALL WEBSITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE ACTIVITIES AND SERVICES PROVIDED THROUGH OR RELATED TO THE WEBSITE.
You agree to defend, indemnify and hold harmless WAI, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
Governing Law; Mediation
This Agreement is governed by the laws of the State of Texas, U.S.A. without regard to choice of law or conflict of law provisions. Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State of Texas or of the United States for the Northern District of Texas, and, by execution and delivery of this Agreement, you irrevocably accept, generally and unconditionally, the nonexclusive jurisdiction of such courts and you waive any objection which you may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement. In the event a dispute shall arise in relation to this Agreement, you agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The mediation shall be administered by a competent, legally-sanctioned mediator in the State of Texas.
All financial reports and other related information is available on the Website. See ‘Our Transparency Policy’ page in order to download or request such reports and files.