Terms Of Use

Effective as of 9.1.15

IMPORTANT– THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”), AND THINK IT UP, A CHARITABLE PROGRAM OF THE ENTERTAINMENT INDUSTRY FOUNDATION, A 501(C)(3) TAX-EXEMPT ORGANIZATION (“THINK IT UP” OR “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.THINKITUP.ORG (“WEBSITE”), IS OWNED AND OPERATED BY THE ENTERTAINMENT INDUSTRY FOUNDATION.  YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE (“TOU” OR “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. WE ARE WILLING TO ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE.  YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED,  SUPPLEMENTED OR UPDATED BY US FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT.  YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

Functionality
This Website provides general information about the Think It Up campaign. The Website also provides the opportunity for users to submit contact information in order to receive more information on Think It Up.  You can also make a donation to Think It Up. The Website also provides an opportunity to pledge to be part of the Think It Up movement by creating a project in the future. We have also provided links to a Web store where users can purchase Think It Up related products and merchandise, and to our partner Donorschoose.org, where public-school teachers can go to submit student-driven projects for funding, and where individuals can make a donation to a project or purchase a gift card, among other things.

Payments Processing; Rules for All Payments
Think It Up has engaged the services of Blackbaud, Inc., to process all donation/payment transactions.  Blackbaud also manages the routing of applicable customer information through the credit card and electronic check processing networks.  Think It Up is not affiliated with Blackbaud, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.  Accordingly, Think It Up expressly disclaims responsibility and liability for all services provided by Blackbaud, including those related to donation/payment transactions, and you hereby agree that Think It Up shall not be responsible for any loss or damage of any sort incurred as a result of such payment services. Additionally, since Blackbaud will have access to the information you provide to them when making a donation/payment transaction, we recommend that you closely review their privacy policy – which can be accessed from their Website at www.blackbaud.com. 

You hereby acknowldege and agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions final and non-refundable. 

Age Acknowledgment
The Think It Up Website is intended solely for users who are 13 years of age or older, and any use of, or access to, the Website by anyone under 13 is unauthorized and prohibited. We do not knowingly collect, use, or disclose personally identifiable information about visitors less than 13 years of age.  If you are under 13, you are only allowed to access this Website with your parent or guardian permission and active supervision.  If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision.

Additional Acknowledgments
In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk.  While we have endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, we are not responsible for the security of any information transmitted to or from the Website.

Limited License And Site Access; All Rights Reserved
We hereby grant you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of either Think It Up, or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or any of the content contained therein; any derivative use of this Website or any content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Think It Up. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Think It Up without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Think It Up’s name or service marks without the express written consent of Think It Up.  We (or the respective third party owners of content, if any) retain all right, title, and interest in this Website and any content, features and services offered on this Website, including any and all intellectual property rights. Think It Up (or the respective third party owners of content) reserve all rights not expressly granted herein.  Any unauthorized use by you terminates the permission or license granted by these TOU.

Intellectual Property Rights
Copyright
Except as otherwise expressly stated, all content appearing on this Website is the copyrighted work of either Think It Up or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Think It Up, and is protected by U.S., and international copyright laws. 

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Think It Up, or any applicable third-party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Think It Up. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Think It Up does not warrant nor represent that your use of any content or materials displayed on this Website will not infringe rights of third parties. 


Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Think It Up, or one of their affiliates.  All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Think It Up, or one of their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Think It Up – as applicable - or their respective owners. 


Prohibited Use
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available, or (vii) any use other than the business purpose for which it was intended, is prohibited. 
In addition, in connection with your use of the Website, you agree you will not: 

a) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.thinkitup.org, in accordance with the limited license and site access outlined above; 

b) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

c) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
 We reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing.  We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in THINK IT UP’s sole discretion.

Links to Third-Party Websites/Materials; Sharing Information with Certain Third Parties
This Website contains hyperlinks that direct you to other sites owned and operated by parties other than Think It Up.  These include our above mentioned Web store partner, Delivery Agent, as well as Donorchoose.org, which provides a platform where public school teachers can request donations for student driven, classroom projects, and where individuals can make a donation to a project or purchase a gift card, among other things..  Links are also provided to a number of social media sites such as Facebook, Twitter, Pinterest, Vine, Google+ - and other websites as a service to you or in order to provide you additional information related Think It Up or additional venues in which you can learn about and discuss the activities of Think It Up.  Such hyperlinks are provided only for reference and ease of use.  We do not control the websites, information, resources or other materials accessed from such hyperlinks, and you agree that we shall not be held responsible for the content or accuracy of anything on these sites. Additionally, as noted herein and in our Privacy Policy, we do – and may continue to – partner with a various third parties to provide services, functionality, opportunities and content.  In each case, we may share information that collect with these third parties.  If you do not agree and consent to this, you should not access or otherwise use this Website. 

Disclaimers
YOUR USE OF THIS WEBSITE AND ANY CONTENT, INFORMATION, MATERIALS, OR ANYTHING ELSE ON OR LINKED FROM THE WEBSITE INCLUDING ANY THIRD-PARTY PROVIDERS, ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THINK IT UP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. THINK IT UP MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, INFORMATION, MATERIALS, OR ANYTHING ELSE ON OR LINKED FROM THE WEBSITE, INCLUDING ANY CONTENT, INFORMATION OR MATERIALS IS ACCURATE, TIMELY, VIRUS-FREE OR ERROR-FREE.

Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT THINK IT UP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THINK IT UP HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES.  YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THINK IT UP AND ITS AFFILIATES FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. 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 to defend, indemnify, and hold harmless Think It Up, its affiliates, its donors, its collaborators, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in Think It Up’s sole discretion.

Force Majeure
Think It Up shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices
We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.  Additionally, these Terms of Use may be changed, modified, supplemented or update from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated terms of use if you continue to use this Website after such changes are posted. The date these Terms of Use were last updated is stated at the end of this document.  You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

Website Privacy Policy
Our Website Privacy Policy, located at www.thinkitup.org describes the practices, policies and procedures related to our information and data gathering, storage and processing for this Website.  We strongly urge you to read our Website Privacy Policy.

General
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.  Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.  By accessing this site you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, apply.  In regard to any matters, disputes or claims related to these Terms of Use, you hereby agree to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California.

YOU AND THINK IT UP AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THINK IT UP WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THINK IT UP, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Date These Terms of Use were Last Updated: September 1, 2015.