TERMS OF USE (bobhope.org)

Welcome to the website (the “Site”) of BOB & DOLORES HOPE FOUNDATION or one of its affiliates (collectively, “HOPE”).   Please review our information, legal terms and privacy policy before using the Site.

1.TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, BEFORE USING THIS SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OF USE, PLEASE DO NOT USE THE SITE.

HOPE OWNS AND OPERATES THE SITE.  HOPE RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. HOPE OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS PARTNERS MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; HOPE MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.

  1. License for Use of Site

Ownership of Content. All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, originating directly or indirectly from the Site, and all intellectual property rights in and to such items (collectively, “Content”) constitute the sole and exclusive property of HOPE or its subsidiaries, affiliates, licensors and content providers. The user is granted a personal, non-exclusive, non-assignable and non-transferable limited license to use the Site and access the Content.

  1. Content.

User understands that by using the Site and accessing the Content, user may be exposed to Content that user may find objectionable. User agree to the following, irrespective of whether or not the Site includes parental control functions, and irrespective of the extent to which you use such parental control functions: (a) it is user’s responsibility to determine which Content meets user’s standards; and (b) under no circumstances will HOPE or its content delivery providers, including, be liable in any way for any Content that user has access to during use of the Site, including without limitation any errors or omissions in any Content, quality of the Content, availability of the Content, the subject matter of the Content or any loss or damage of any kind incurred as a result of your use of the Content.

  1. Additional User Conduct Guidelines.
  2. HOPE also asks that the user not impede or inhibit any other user from using and enjoying the Site. User agrees not to: (a) disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site, the Content or linked sites; (b) upload, post, or otherwise transmit through or on this Site any viruses, bots, worms or other harmful, disruptive or destructive files; (c) use or attempt to use another’s account, service or system, or link to another site, without authorization from HOPE; (d) create or use a false identity in your use of the Site or the Content; or (e) transmit through the Site or the Content spam, chain letters, junk mail or other types of unsolicited e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
  3. Government Use.

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights are reserved under the copyright laws of the United States.

 

  1. Submissions:

HOPE does not accept or consider unsolicited concepts, creative ideas, suggestions, stories, and other related materials. This policy is to avoid the possibility of any appearance of misinterpretation if future projects developed by HOPE may seem similar to others as their own creative content or suggestions. Therefore, please do not send HOPE any such unsolicited creative materials. While HOPE does value your feedback on its products and services, HOPE requests that you be specific in your comments on those products and services, and not submit any creative ideas, suggestions, or materials unless specifically requested by HOPE. If, despite our request, you send HOPE creative suggestions, ideas, notes, drawings, concepts, or other information, such submissions shall be deemed and shall remain the property of HOPE. None of any such submissions shall be subject to any obligation on our part and HOPE shall not be liable for any use or disclosure of any submissions.

  1. Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

  1. Title.

Title, ownership, and intellectual property rights in and to the Site and the Content will remain in HOPE or their suppliers, as applicable, and other than as expressly set forth in these Terms of Service, you acquire no license to or other right in the Site or the Content. The Site and the Content are protected by the copyright laws of the United States and other countries, and by international copyright treaties.

  1. Trademark and copyright Notices.

The Site and all materials included on this Site (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Bob Hope, Bob Hope Legacy,  and all related registered and unregistered service marks are the property of HOPE. Some of the characters, logos or other images incorporated by HOPE on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners.  No material on the Site may be copied, reproduced, republished, or redistributed in any way, other than for your personal, non-commercial use, provided you keep intact all copyright and trademark notices. Modification of the materials or use of the materials for any other purpose is a violation of HOPE’s and other sources’ copyright, trademark and other proprietary rights. The use of any such materials on any other web site or networked computer environment without HOPE’s express written consent is prohibited. Your right to make use of this site and the material or other content appearing on it is subject to your assent to the terms of service. Modification or use of the content on this site for any purpose not permitted by these terms is prohibited. HOPE reserves all rights to take civil and criminal action for any violation of its property rights or other rights because of a violation of these Terms of Use, including any rights under the Defend Trade Secrets Act and/or any other U.S. or international laws or treaties.

  1. Copyright Infringement Notification.

HOPE’s designated agent for notice of claims of  trademark copyright infringement related to the Site and any of the Content (collectively, the “HOPE Properties”) is as follows:

Business Affairs
Bob & Dolores Hope Foundation

2600 W. Olive Ave. 5th floor
Burbank, California 91505

infringement@bobhope.org

Pursuant to 17 U.S.C. 512(c)(3), a notification of claimed infringement related to any of the HOPE copyrights must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
  2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
  3. Information related to the work(s) reasonably sufficient for HOPE to promptly locate the work (e.g., title of work and its location within the HOPE Properties);
  4. Information reasonably sufficient to permit HOPE to directly contact the complaining party, such as a complete name and address, telephone number and email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement requesting that HOPE take some specific action with respect to the alleged infringement (e.g., to remove the work or to disable or restrict access to the work); and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  8. Privacy Policy.

HOPE is committed to providing users of its Site with an understanding of how HOPE collects, stores and uses information, as well as the precautions taken by HOPE to protect information concerning its users. This Privacy Policy is incorporated into and is a part of the Terms of Use; it describes HOPE’s policies and procedures for the collection and use of personally identifiable information provided by the user as well as non-personally identifiable information.

  1. Personally Identifiable Information We Collect. HOPE collects personally identifiable information that you voluntarily submit including, but not limited to: (1) the registration or account creation process for the Site; (2) the registration process for sweepstakes, contests, and other online promotions offered on the Site; (4) your participation in online research surveys offered on the site; or (5) the process to report a problem with our Site. The types of personally identifiable information HOPE collects include email address, full name, full address, work and home phone numbers, age, gender and viewing preferences.
  2. How We Use the Personally Identifiable Information We Collect. Personally identifiable information is used by HOPE to: (1) verify access rights to premium content or other access-restricted services, including for purpose of supporting digital rights management software; (2) improve our services by providing personalized content, language and location customization, and/or personalized help and instructions; (3) provide information concerning compatibility and interoperability to you; (4) ask you to participate in surveys about products, services, news and events; (5) provide you with news, newsletters, updates, targeted advertising, promotions, and special offers; and (6) better understand how the Site is used, including web traffic patterns and what types of content are most popular with users. HOPE does not sell, lease or license your personally identifiable information. HOPE may disclose relevant personally identifiable information to agents and affiliates we engage to provide services for HOPE. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance and providing customer service. Such contractors and individuals are required to protect this personal information in a manner that is consistent with this Privacy Policy and to not use such personal information for any purpose other than to carry out the services they are performing for HOPE. Also, HOPE may disclose your personally identifiable information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on HOPE; (b) protect and defend the rights or property of HOPE and its products and services; or (c) act in urgent circumstances to protect the personal safety of users of HOPE products or services or the public at large.
  3. How To Update Your Personal Information. You may request that your information be changed, corrected or deleted from our databases by writing HOPE at: 2600 W. Olive Ave. 5th floor
    Burbank, California 9150 or info@bobhope.org.Any personally identifiable information collected by a content delivery provider may also be governed by that content delivery provider’s Terms of Use and Privacy Policy.
  4. Non-personally Identifiable Information We Collect. By using the Site or the Content, you occasionally make available to HOPE certain non-personally identifiable information, such as the domain name and the type of Internet server and browser, which pages of the Site you access, and the length of access. This paragraph of this Agreement explains how HOPE uses such information, and how you can restrict the use and collection of non-personally identifiable information from “cookies.” A “cookie” is a bit of text information stored on the hard drive of your computer by an Internet web server when you use the Site or access the Content. You can choose not to accept cookies, but in so doing, you may not be able to use the Site or access the Content. Refer to the Help information in your browser or Internet services provider site or software for instructions on how to disable cookies, or to be notified when a cookie is set. Cookies, by themselves, do not provide HOPE with personally identifiable information unless you choose to voluntarily provide this information to us by, for example, registering on the Site. However, once you choose to furnish us with personally identifiable information, this information may be linked to the data stored in the cookie. HOPE treats any personally identifiable information that may be contained in a cookie in the same manner as all other personally identifiable information we collect.
  5. How We Use the Non-personally Identifiable Information We Collect. Like other websites, HOPE uses cookies for a variety of purposes. For example, we use cookies to: (1) personalize your experience when visiting the Site and using the Site; (2) improve the design and content of the Site and/or the Content; (3) analyze Site usage; (4) understand traffic patterns on the Site and to authorize access to certain premium or trial content and product features and (5) track your usage of the Site and/or the Content and to track your interactions with the Site through the third-party services including WebTrends On Demand. HOPE reserves the right to disclose or otherwise utilize this non-personally identifiable information in aggregate form, for any purpose, in its sole judgment.

HOPE does not accept or consider unsolicited concepts, creative ideas, suggestions, stories, and other related materials. This policy is to avoid the possibility of any appearance of misinterpretation if future projects developed by HOPE may seem similar to others as their own creative content or suggestions. Therefore, please do not send HOPE any such unsolicited creative materials. While HOPE does value your feedback on its products and services, HOPE requests that you be specific in your comments on those products and services, and not submit any creative ideas, suggestions, or materials unless specifically requested by HOPE. If, despite our request, you send HOPE creative suggestions, ideas, notes, drawings, concepts, or other information, such submissions shall be deemed and shall remain the property of HOPE. None of any such submissions shall be subject to any obligation on our part and HOPE shall not be liable for any use or disclosure of any submissions.

  1. Policies for Individuals Under the Age of 13:

HOPE encourages the responsible use of the internet by children together with their parents and to that end, HOPE does not collect or use any personally identifiable information submitted or posted to the Site from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.

  1. Email Notification.

By registering on the Site you authorize HOPE to send you email from time to time. Generally, we send email to you about our services, content and special offers. You agree that as a subscriber to the Site, HOPE may send you such email to the address you provide. HOPE’s content delivery providers may send separate marketing, promotional and account related emails when you purchase or subscribe to their products or services and such emails are subject to that content delivery providers opt-out procedures set forth in their Privacy Policy.

  1. Limitation of Liability and Disclaimers.

USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER HOPE, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HOPE, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HOPE, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT(S) WHICH GAVE RISE TO THEM OR THEY ARE BARRED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

  1. Indemnification.

User agrees to indemnify, defend and hold harmless, HOPE, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by the user. HOPE reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with HOPE in asserting any available defenses.

  1. Third Party Links and Sites.

This Site may contain links to other Internet sites, resources and/or sponsors of the Site. HOPE does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing links to outside sites does not constitute HOPE’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites after linking to them.

  1. Entire Understanding

These Terms of Use are not intended to alter the terms or conditions of any other agreement you may have with HOPE or its affiliates, parents, service providers or business partners to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms of Use may not be altered by action, inaction or course of dealing between the parties. These Terms of Use may only be altered by (a) prior written mutual agreement between HOPE and user; or (b) HOPE posting revisions on the Site. Failure by HOPE to object to a user’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection. The Site is intended for use only by U.S. residents. If you are an individual resident in a Member State of the European Union, you acknowledge and agree that HOPE may collect, use and disclose your personal data as described in this Privacy Policy and any amendments hereto. You also acknowledge and agree that we may transfer your personal data outside of the European Union for purposes described in this Privacy Policy.

  1. Choice of Law:

This site (excluding third party linked sites) is controlled by HOPE from its offices within the State of California, U.S. of America.  It can be access from all 50 states as well as from other countries around the world to the extent permitted by site.  As each of these places has laws that may differ California, by accessing this site, both you and HOPE agree that the statues and laws of the United States and the State of California  shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof.  You and HOPE also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English.  HOPE makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods, if otherwise applicable, if inconsistent with or contrary to  any other provision hereof.

If you have any questions or concerns about our Terms of Use, please write to us at:
Bob & Dolores Hope Foundation

2600 W. Olive Ave. 5th floor
Burbank, California 91505