have a heART BVI

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Terms & Conditions

Terms of service

Your use of One Love BVI’s (“OLB”) website at www.haveaheartbvi.org and any OLB-affiliated website featuring these Terms of Use (“Websites”), including the content and other materials (including without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data sets, software, methods, inventions, sound files, other files and the selection and arrangement thereof) available on or through these Websites (together, “the Materials”) is governed by these Terms of Use (“Terms”). By accessing and continuing to use this Website, you acknowledge that you have read and agree to be bound by these Terms, which constitute a legal agreement (“Agreement”) between you and OLB.

Amendments to these Terms will be posted at this URL and will be effective when posted. Your continued use of this Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

If you have any questions regarding the Terms please contact OLB at info@onelovebvi.org.

1. USE OF MATERIALS

a. Proprietary Materials

Unless indicated otherwise on this Website, the Materials contained on this Website are the property of OLB, its licensors, collaborating organization or users and are protected by U.S. and international copyright, trademark and other intellectual property laws.

b. Request for Permission

Unless indicated otherwise below, on the Materials, or separate terms applicable to certain Materials, we ask that you contact us at info@onelovebvi.org for permission for any reproduction, modification, distribution, public display or performance of such Materials.

c. Downloadable Materials

Materials (with the exception of data sets) made available for public download on this Website may be used, reproduced and distributed only for non-revenue generating purposes, in accordance with these Terms, provided you do not modify the Materials and that you retain all copyright, trademark and other proprietary notices contained in the Materials intact. In addition, you agree that such permission does not include the public performance or public display of any Materials or making any derivative uses of the Materials. The permission granted herein is revocable at any time, with or without cause.

d. Downloadable Data Sets; Online Data Access

Data sets made available for public download or access on this Website are owned by the data set creator/owner identified in the metadata of each respective data set. Unless indicated otherwise in separate data use terms and conditions, such data sets may be reproduced, distributed or used to produce and distribute derivative works, provided, however, that

  • the data sets are appropriately attributed to the data set creator/owner as indicated in the metadata;
  • the user informs the data set creator/owner via email at the email address indicated in the metadata about any use of the data sets in a publication or derived work;
  • any digital object identifier (“DOI”) included in the data set remains intact;
  • any modification of the original data set is clearly marked as a modification;
  • works substantially derived from the data sets may be reproduced, distributed or used to produce and distribute derivative works under terms not less restrictive than these data use terms described in 1 (d); and
  • any distribution of data sets includes the following disclaimer of warranty: “These data sets are provided ‘as is’ and without any warranty of any kind, either express or implied, whether of title, of accuracy, of non-infringement, of the absence of errors, of fitness for purpose, or otherwise.”

e. Unauthorized Use

Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable laws and could result in criminal or civil penalties.

f. Image Usage

Any photographs that indicate “Creative Commons” within their attribution have been obtained through an appropriate license in accordance with said source’s regulations. For example, Creative Commons licenses used may include: CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, CC BY-NC-ND, or CC 0 Public Domain. For more information, please visit: Creative Commons.

2. INTERACTIVE AREAS

This Website may include blogs, user-generated content or other interactive areas or services (“Interactive Areas”), in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Website (“User Materials”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  • User Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Materials that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Materials, you represent and warrant that you have the lawful right to reproduce, publicly perform, publicly display and distribute such User Materials;
  • User Materials that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; User Materials that, in OLB’s sole judgment, may jeopardize or affect OLB’s tax exempt status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation;
  • Promotions, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Materials that, in the sole judgment of OLB, are objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose OLB or its users to any harm or liability of any type.

OLB is not liable for any statements, representations or User Materials in any Interactive Area. Although OLB has no obligation to screen, edit or monitor any of the User Materials posted in any Interactive Area, OLB reserves the right, and has absolute discretion, to remove, screen or edit any User Materials posted or stored on the Website at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

OLB does not claim ownership of User Materials. Unless we indicate otherwise, you grant OLB a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Materials on or in connection with the Website and other OLB promotional materials. You grant OLB the right to use the name that you submit in connection with such User Materials. You represent and warrant that:

  • you own and control all of the rights to the User Materials that you post or you otherwise have the right to post such User Materials to the Website;
  • the User Materials are accurate and not misleading; and
  • use and posting of the User Materials you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

3. COPYRIGHT COMPLAINTS

OLB respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please provide OLB’s Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

OLB’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Orrick

51 West 52nd Street Crystal Drive, Suite 500
New York, NY 10019-6142

By phone: (212) 506-5000

By email: info@onelovebvi.org

4. TRADEMARKS

The OLB logo, OLB heart and line logo, the name “One Love BVI”, and any other product or service name or slogan contained in this Website are trade/service marks of OLB, its licensors, or other respective owners, and may not be used without the prior written permission of OLB or the respective owners.

5. LINKS

Any links to www.onelovebvi.org or any affiliated OLB Website may not suggest or imply OLB’s endorsement or approval of any product, position, entity or individual, or portray OLB in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

This Website contains links to third party Websites (“Linked Websites”) not under the control of OLB, and OLB is not responsible for their content or links contained in such Linked Websites. OLB does not intend links on this Website to be referrals or endorsements of the linked Website providers, or their products or services, and are provided for convenience only. Your use of the Linked Websites is at your own risk and subject to the terms and conditions of the providers of such Linked Websites.

6. PRIVACY

Please refer to our Privacy Policy for information on how OLB collects, uses and discloses personally-identifiable information from its users.

7. SERVICE DEACTIVATION

You agree that OLB has the right, but not the obligation, to take any of the following actions in OLB’s sole discretion at any time and for any reason without giving you any prior notice:

  • refuse, move or remove any content that is available on or through this Website;
  • to discontinue the Website or any services offered through the Website at any time without notice; and
  • to establish general practices and limits concerning use of this Website.

We may take any of the above actions for any legitimate business reason, as determined by OLB in its sole discretion, including, but not be limited to:

  • breaches or violations of the Terms or other incorporated agreements or guidelines;
  • requests by law enforcement or other government agencies;
  • a request by you;
  • discontinuance or material modification to this Website (or any part thereof); and
  • unexpected technical or security issues or problems.

You agree that we will not be liable to you or any third party for taking any of these actions.

8. DISCLAIMER OF WARRANTIES

OUR USE OF THIS WEBSITE, ITS SERVICES AND MATERIALS ON THIS WEBSITE (JOINTLY “SERVICES”) IS AT YOUR OWN RISK AND ALL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. OLB DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. OLB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY OLB. TO THE FULLEST EXTENT ALLOWED BY THE LAW, OLB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

9. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL OLB, ITS LICENSORS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE SERVICES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OLB, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

10. INDEMNIFICATION

You agree to defend, indemnify and hold OLB and its affiliates, service providers, licensors and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials, any User Content you post, store or otherwise transmit on or through this Website, or your use of or inability to use this Website.

11. ENTIRE AGREEMENT

These Terms represent the entire agreement between you and OLB with respect to their subject matter. No action of OLB, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of OLB is authorized to waive it orally.

12. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of law principles thereof. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in the Commonwealth of Virginia, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

 

Privacy Policy

Privacy policy

Thank you for visiting One Love BVI (OLB). We respect your privacy and are committed to protecting your personal information. The following Privacy Policy applies to information collected at www.onelovebvi.org, OLB-owned or operated online services and mobile apps (jointly “Sites”). By accessing and continuing to use the Sites you acknowledge that you have read and that you agree to the practices described herein.

How we protect your privacy

1. INFORMATION COLLECTED

Personally-Identifiable Information (“Personal Information”)

OLB and OLB’s service providers only collect Personal Information when you voluntarily submit such information, for example by signing up for the OLB newsletter or to donate. Depending on the service you choose, the Personal Information collected may include your name, email address, address, phone number, payment details, organizational affiliation and similar information.

OLB uses the following tools to collect Personal Information, which are stored by OLB internally:

Squarespace, G-Suite, MailChimp, and/or Stripe are used to store Personal Information voluntarily provided when visitors donate or sign-up for email on our Sites, in addition to the pathway through which the visitor accessed the sign-up or donation form.

MailChimp also stores how visitors use email, including if and when users open email and which links within the email a user click.

OLB uses Google Analytics to provide more rigorous statistical analyses of data maintained internally by OLB in G-Suite and MailChimp.

Non-Personal Information

For each visitor to this website, our web servers may automatically recognize and collect information that does not identify you personally (“Non-Personal Information”), such as in-bound domain names, your computer’s IP address, the type of browser in use and pages viewed. This data tells us which pages our users visit and what information they volunteer, such as survey information and/or site registrations.

We use Google Analytics, which installs cookies on users’ browsers, to understand the performance of our Sites and content contained within including, but not limited to: number of visits and average time spent either to a single page or the entire site, number of pages viewed per session, or the sequence of pages visited. We may also customize site structure or navigation as well as certain web content based on these data as well as your browser type, bandwidth or other settings to optimize your site experience. Google Analytics also collects information about the devices that are used to access our site, including computer type (Windows or Macintosh), screen resolution, operating system and version, device manufacturer and model, language, and Internet browser type and version. Google uses these data to reports web trends.

We may also use cookies to record past activity on our Web Site in an effort to provide better and faster service upon your return visits to this Web Site, like suppressing a promotional lightbox after it has been closed by the user. We may also customize certain web content based on your browser type, screen dimensions, bandwidth or other settings to optimize your site experience.

We use third-party services that allow us to serve you advertisements while on participating Sites, based on information relating to your time on our site or similar types of sites, which is tracked through a unique cookie on your browser or tracking pixels.

We use Google Adwords to display text ads at the top of Google keyword searches. Anonymized information on specific keywords typed is provided.

We use YouTube to host video content on onelovebvi.org. Analytics for this platform include aggregated and anonymized data on length and location of views, basic demographic details, and engagement rates.

2. USE OF INFORMATION

Personal Information

Any Personal Information collected through our Sites is used for the purpose for which it was provided, for example:

  • to periodically alert you to OLB news and events,
  • to respond to inquiries,
  • to contact you about contests you entered through our Sites and to invite you to participate in new contests,
  • to customize your web experience or content you receive via email,
  • to encourage social sharing functionality.

For internal data analysis, for example to identify trends, determine effectiveness of past and current campaigns, enhance current online tools, and plan future digital strategies.

We do not share your Personal Information with any third parties without your consent, except under the following circumstances:

  • to OLB service providers for the purposes set forth above;
  • in response to a subpoena or when we are required to do so by law, for example, in response to a court order or other legal obligation;
  • in response to a law enforcement agency’s request;
  • to protect the security or confidentiality of our records;
  • in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights;
  • or in the event OLB goes through a reorganization (e.g., a merger into another organization), in which case you will be notified via a prominent notice on the website of any such transfer of your Personal Information.

Non-Personal Information

We may use Non-Personal Information for any purpose, unless restricted by applicable law. In some instances, we may combine Non-Personal Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

3. SECURITY

Our Sites incorporate reasonable and appropriate safeguards using industry standard technology to heighten the security, accuracy and privacy of any Personal Information collected by OLB.

All online donation transactions are encrypted using the Secure Socket Layers (SSL) protocol. Such transactions are processed through Stripe, a PCI DSS compliant gateway provider, and are not stored or processed on OLB's servers. PCI DSS is the payment card industry security requirement for entities that store, process or transmit cardholder data. PCI DSS Compliance gives consumers the confidence they need to know that organizations accepting donations are doing so in a verified, secure, and consistent fashion. Stripe received Level 1 PCI compliance - the highest level validation. These comprehensive standards are intended to help OLB proactively protect your account data — a responsibility we take very seriously. For more information visit Stripe.com.

4. LINKED WEBSITES

Our Sites contains links to other websites. We are not responsible for the privacy practices or the content of such websites.

5. UPDATE PERSONAL INFORMATION AND COMMUNICATIONS PREFERENCES

You can control the type of information collected through our Sites, for example by not accepting cookies from OLB, by erasing all OLB cookies from your browser, or by not providing Personal Information when prompted. To opt out of cookies installed by Google Analytics, please see https://tools.google.com/dlpage/gaoptout.

Your choice will impact your communications preferences, for example we will not be able to respond to inquiries when you do not share your email address with us.

If you wish to update your Personal Information with us or change your communications preferences or if you no longer wish to receive communications from us, please tell us so by email or written letter. Please include your exact name and contact details so that we can correctly remove you from our mailing list. Our mailing address is: One Love BVI, P.O. Box 4634, Arlington, VA 22204. We can be reached via email at info@onelovebvi.org.

6. CHILDREN’S PRIVACY

We recognize the importance of protecting the privacy of children on the web and will never collect or maintain information at our website from those we actually know are under 13 years old. No part of our website is directed at children under the age of 13, and we do not knowingly collect Personal Information from children under age 13. If we discover that a person under the age of 13 has provided us with any Personal Information, we will delete that information from our systems. We do not reply to information requests from children under the age of 13, if so identified. A parent or guardian must initiate any requests for information from children under the age of 13 on their behalf. We encourage parents to supervise children when they browse the internet.

7. CALIFORNIA RESIDENTS

It is our policy not to disclose any Personal Information we collect to third parties for direct marketing purposes under any circumstances. However, California Civil Code Section 1798.83 requires that all California residents be afforded the option to exercise their choice of whether Personal Information may be shared with third parties for direct marketing purposes or not, as well as to receive information specified in the statute if Personal Information is disclosed to third parties for direct marketing purposes. Accordingly, if you are a California resident and you wish to inform us whether you permit or refuse the sharing of your personal information with third parties for direct marketing purposes, or if you wish to request certain information if your personal information were to be disclosed to third parties for direct marketing purposes, please contact us as described in the section “Update Personal Information and Communications Preferences”.

8. CROSS BORDER TRANSFERS

Your Personal Information may be stored and processed in any country where we have facilities or service providers, and by using our Sites or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules than in your country.

9. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify or supplement this policy at any time. If a material change to this policy is made, we will post a notice on the home page, and any changes to the policy will be posted on this page.

QUESTIONS

If you have any questions about our privacy statement or the practices of this site, please contact us at info@onelovebvi.org.

Effective Date: This privacy policy was last revised September 26, 2017.