(1) ACCEPTANCE OF TERMS
Welcome to International Elephant Foundation, (“IEF”) requires that all donors (“Donors”), fundraisers or beneficiaries (“Fundraisers”), “Advocates” when asking upon behalf of another individual , non-profit organizations and/or governmental agencies (“Trusted Partners”) and all other visitors (collectively known as “users”) to its site (“the Site”) agree to these Terms and Conditions. You should review carefully the following terms and conditions. BY USING THE SITE, YOU INDICATE YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE. As used in this Agreement, “we,” “our” and “us” means IEF unless otherwise indicated.
(2) WHO WE ARE
IEF is a non-profit conservation orgranization headquartered in Texas. IEF is a tax exempt corporation described in Section 501(c)(3) of the Internal Revenue Code. ElephantConservation.org, InternationalElephantFoundation.org and Campaign.ElephantConservation.org is a product of IEF
(3) WHAT WE DO
IEF supports and operates elephant conservation & education programs in managed facilities and in the wild, with emphasis on management, protection & scientific research.
Our online fundraising tools allow individuals and nonprofit organizations an easy way to raise money to support IEF. Each Fundraiser, Trusted Partner, or Advocate creates an online account and then submits a proposal for a cause or activity (“Application or Project”). Through the submission and publication process, the Fundraiser, Trusted Partner, or Advocate is able to post stories, photos, and videos about their project. All visitors to Campaign.ElephantConservation.org can search through all our active Projects and choose to donate to any that interest them.
(4) ANTI-DISCRIMINATION POLICY
IEF does not and shall not discriminate on the basis of race, color, religion (creed), gender, age, national origin (ancestry), disability, marital status, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.
(5) FEATURES AND SITES
When using the Site, you will be subject to any additional posted policies or rules applicable to specific media, services, and features, which may be posted from time to time (“the Policies”). All such Policies are hereby incorporated by references into these Terms and Conditions.
(6) MODIFICATIONS TO TERMS & CONDITIONS
(7) AVAILABILITY OF THE SITE
The Site may change or discontinue media, features or services available within the site at any time and without notice. IEF makes every effort to ensure current media and services; however, IEF makes no commitment to update these materials on the site.
(8) SERVICES PROVIDED BY IEF
If you choose to create an account, you authorize IEF to provide the following services (the “IEF Service” or “the Service”) on your behalf. IEF will (a) review each individual or community improvement project Application for compliance with the IEF eligibility and validity requirements; (b) accept and process online donations made by individuals or entities through IEF; (c) provide an electronic receipt to the Donor for each donation at time of donation via e-mail.
(9) IEF ACCOUNTS AND PROFILES
Each Fundraiser, Advocate, Trusted Partner, Volunteer must create an account by completing all required fields on the applicable account set-up web page and must have an email account to verify access. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete, and accurate; and (b) update this information so as to maintain its accuracy. A Donor can either create an account or donate as a Guest. If a Donor chooses to donate as a Guest, then the Donor must provide a valid email address in order to receive a tax receipt. In no instance will IEF reproduce tax receipts or donor history for Donors who donate as a Guest.
If you choose to register by creating an account, you are responsible for all activities occurring under your email address and for keeping your password secure.
a) Guest Checkout
A Donor can either create an account or donate as a Guest. If a Donor chooses to donate as Guest, then the Donor must provide a valid email address in order to receive a tax receipt. In no instance will IEF reproduce tax receipts or donor history for Donors who donate as a Guest.
(10) ADDITIONAL PROVISIONS SPECIFIC TO FUNDRAISERS, ADVOCATES AND TRUSTED PARTNERS
Any individual, entity, or organization that submits an Application is subject to the following additional terms of these Terms and Conditions that apply specifically to Fundraisers, Advocates, and Trusted Partners.
By submitting an Application as a Fundraiser or on behalf of an individual as an Advocate or Trusted Partner, you warrant and represent that:
(a) You are a U.S. Citizen, and not a minor; (b) All information you provide to IEF is truthful, current, complete, and accurate and you will update the information to maintain its accuracy; (c) You are raising money for a Project that complies with all applicable federal, state, and local laws and regulations; (d) You understand and agree that information identifying you (other than contact information) and the Project will be published on Campaign.ElephantConservation.org to promote the core need you have identified.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the Service.
You understand and agree that there is no guarantee or expectation that IEF will be able to meet your goal in full. The success of your Project relies solely on the generosity of others. IEF retains the sole power and ability to direct, redirect, or otherwise distribute funds in a manner deemed appropriate by IEF, in its sole discretion, and in furtherance of its nonprofit status.
(11) ADDITIONAL PROVISIONS SPECIFIC TO Donors AND VOLUNTEERS
Any individual, entity, or organization that registers for a Donor account, volunteers or donates as Guest is subject to the following additional terms of these Terms and Conditions that apply specifically to Donors and Volunteers.
(a) You are a U.S. Citizen, and not a minor; (b) all information you provide to IEF is truthful, current, complete, and accurate and you will update the information to maintain its accuracy; (c) Any donation you make is legal in your jurisdiction. IEF will not be held liable for any loss or damages due to non-compliance; (d) IEF indemnifies itself of any and all liability from injury, loss, or damage of personal and public property that may result from any donation or volunteer effort. All volunteers, Fundraisers, and Trusted Partners agree to indemnify and hold harmless IEF, its employees, directors, and any other affiliates.
You choose what information you provide, including contact and personal information, interests and causes. You control the sharing of information by selecting whether or not you prefer to remain anonymous on your profile. However, volunteer names, contact information, and other volunteer information except any financial information will be provided to Fundraisers.
You acknowledge that you are making a non-conditional donation to IEF, a nonprofit corporation. IEF will make every attempt to honor your request in its distribution of the funds you have donated. IEF retains the sole power and ability to direct, redirect, or otherwise distribute funds in a manner deemed appropriate by IEF, in its sole discretion, and in furtherance of its nonprofit status.
IEF makes no representations or warranties regarding the accuracy of any information contained in the profile and Project pages. You use the Site entirely at your own risk. If you have any reservations regarding the legitimacy of a particular Fundraiser or fundraising event, DO NOT DONATE.
IEF is a Section 501(c)(3) organization under the Internal Revenue Code. Your donation qualifies as a charitable deduction for federal income tax purposes. Consult with your tax advisor or the IRS for tax advice. When you provide a valid email address, IEF will provide you with an electronic receipt at the time of your donation for your personal accounting and tax purposes, as you determine appropriate.
(12) USER CONDUCT
THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, do not use the Site.
You understand and agree that IEF may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of these Terms and Conditions.
As a condition of your use of the Site, you will not use the Site for any purpose that will violate applicable federal, state, or local law or regulation or is otherwise unlawful or prohibited by these Terms.
In connection with your use of the Site, you further agree:
(i) Access to the IEF Materials and the Site from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy;
(ii) Your use of any of the IEF Materials other than for use approved by IEF is strictly prohibited;
(iii) You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site;
(iv) You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
(v) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
(vi) You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
(vii) You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
(viii) The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
(ix) You may not utilize framing techniques to enclose any trademark, logo, or other IEF Materials without our express written consent;
(x) You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or IEF’s name or trademarks without our express written consent;
(xi) You may not post or send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(xii) You may not submit material that is not authorized by the copyright owner, 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 use the material and to grant IEF all of the license rights granted herein;
(xiii) You may not publish falsehoods or misrepresentations that could damage IEF or any third party;
(xiv) You may not submit material that is unlawful, false, inaccurate, misleading, defamatory, libelous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
(xv) You may not harvest or otherwise collect information about users, including email addresses, without their consent; or
(xvi) You may not impersonate another person or entity.
(13) YOUR PROPRIETARY MATERIAL
You own all your trademarked materials provided by you in connection with your use of the IEF Service. By using the Site, you grant to IEF a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use, copy, display, transmit, publish, and distribute your trademarked materials for the sole purpose of providing the services described in these Terms and Conditions. You also grant IEF the right to include your name and logo in press releases as well as other announcements on the Site. IEF obtains no other right, title, or interest in your trademarked materials except as set forth herein.
(14) OUR PROPRIETARY MATERIAL
IEF and its licensors shall retain all intellectual property rights in the software, data, design, tools, and any other material or content developed or provided by IEF pursuant to these Terms and Conditions including but not limited to the IEF Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials, and any and all other content provided by IEF.
IEF, ElephantConservation.org, CampaignElephantConservation.org, the IEF logo, and any other product and service names that we may present on the Site are trademarks or registered trademarks of IEF Other trademarks, service marks, or logos that appear on the Site may be the property of third parties, and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any IEF or third-party trademarks without first receiving the express permission of both IEF and the Trademark owner.
IEF, the nonprofit organizations acknowledged as Trusted Partners with IEF, and third-party providers collectively own all material and content of this Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in these Terms and Conditions. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site’s content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of IEF and where applicable, the copyright holder.
(17) DISCLAIMER OF WARRANTIES
IEF makes no warranties regarding the safety of the Site and the accuracy of the content on the site. IEF retains the right to restrict the use of the Site for any reason and at any time.
Except as otherwise expressly provided, all content, information, services, and tools on this Site are provided on an “As Is”, “As Available” basis. Use of this Service is solely at your own risk. IEF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IEF MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. To the extent permissible by law, IEF expressly disclaims any and all other warranties. IEF shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.
(18) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL IEF AND ITS AFFILIATES, ITS LICENSORS, OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IEF’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree at your expense to indemnify, defend, and hold harmless IEF and its affiliates from any and all loss, damage, or liability including reasonable attorney’s fees arising from any third-party claim, action, or allegations of infringement based on your use or misuse of the Site. IEF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IEF in asserting any available defenses.
(20) PARTNER SERVICES
The Site may provide links to third-party websites or services and may link you automatically to sponsor’s or third-party’s websites or services. IEF provides such links solely as a convenience to you. IEF does not maintain, review, endorse, or take responsibility for the content, products, services, or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
(21) CONTENT ON WEBSITE
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas, or opinions posted by users of the Site do not necessarily reflect our views and IEF does not take any responsibility for the accuracy of any information, ideas, or opinions posted by users. IEF shall not be liable for any damages or losses resulting from such information, ideas, or opinions.
(22) INTEREST EARNED AND TAXES
Disbursement of funds will be made when the Project is closed. Although IEF does not charge Donors or Fundraisers for the organization’s administrative expenses, any interest earned on the balance of funds donated prior to disbursement of the funds to the Fundraiser will be used to offset IEF’s administrative expenses.
Beneficiaries have full responsibility for all applicable taxes for funds paid.
(23) VIOLATIONS AND TERMINATION
You agree that IEF, in its sole discretion and for any or no reason, may terminate your use to all or part of the Site and any account (or any part thereof) you may have at the Site, and may remove and discard all or any part of your profile and account or any Project at any time without notice. Any funds a Project has received and that have not been transferred to the Fundraiser will be forfeited and the IEF These remedies are in addition to any other remedies IEF may have at law or in equity.
You agree that IEF shall not be liable to you or any third-party for any such termination. IEF reserves the right to withhold and/or cancel donations to Fundraisers prior to termination.
(24) USER COMMUNICATIONS
(25) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We take protection of copyrights very seriously. Pursuant to Title 17, United State Code, Section 512(c), notifications of claimed copyright infringement should be sent in writing to IEF’s designated agent whose contact information appears directly below:
International Elephant Foundation
P.O. Box 366
Azle, Texas 76098
Inquiries not relevant to claims of copyright infringement will not receive a response.
(26) RESOLUTION OF DISPUTES
These Terms and Conditions shall be governed by the laws of the state of Nebraska. You agree that any disputes or claims arising out of or in connection with these Terms and Conditions shall be adjudicated in Texas. YOU AND IEF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
Any controversy or claim arising out of, or relating to, these Terms and Conditions, or the breach thereof, shall be settled by BINDING ARBITRATION in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Texas. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Except as explicitly stated otherwise, legal notices shall be served on the Site’s registered agent, or to the email address you provide to the Site as part of the user account. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
(29) ENTIRE AGREEMENT
These Terms and Conditions constitutes the complete and entire understanding and agreement between IEF and you in connection with your use of this Site, hyperlinks to the Site, the content and software displayed on the Site, and supersedes any prior agreements, proposals, or understandings between you and IEF including prior versions of these Terms and Conditions.