Copyright and Limited License.
Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound les, other les and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Hero Missions or Hero Missions licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Website in accordance with these Terms and the other rules and restrictions contained in the Website. You may only use the Website Materials for your personal, non-commercial use, provided that you retain all copyright, trademark, and other proprietary notices contained in the Website Materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Website or the Website Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Materials, (d) making any derivative uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Website Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Website Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Hero Missions or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded and printed Website Materials. You also may not, without Hero Missions permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any Website Material may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
Repeat Infringer Policy.
Hero Missions respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hero Missions has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. Hero Missions may also, at its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
Any Website user may become a donor (“Donor”) by pledging a donation to Hero Missions by using the donation tool on this Website. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to Hero Missions, that Hero Missions has exclusive legal control over all donations. In the event that you make a donation pledge, you will be required to provide credit card or other payment information at the time of the pledge. You represent and agree that all payment information you provide to Hero Missions will be true, accurate, current and complete and that you will update such payment information as necessary to maintain such information as true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insuf cient funds, or any other reason, you agree to immediately provide Hero Missions with alternative payment information to fulfill your donation pledge. You acknowledge and agree that all donations are final and will not be returned, in whole or in part.
Websites Linking to This Website.
If you would like to link another website to this Website, you may only do so if you obtain Hero Missions prior permission. Such link may not suggest or imply Hero Missions endorsement or approval of any product, position, entity, or individual, or portray Hero Missions 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. Any right to link may be revoked at any time. You may not use the Hero Missions logo or other proprietary graphic of Hero Missions to link to the Website without the express written permission of Hero Missions. Further, you may not frame the Website without Hero Missions express written consent.
The Website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than Hero Missions, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Hero Missions is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
Disclaimer of Warranty.
Limitation of Liability.
IN NO EVENT WILL HERO MISSIONS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF HERO MISSIONS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend, indemnify and hold Hero Missions, and its af liates, independent contractors, service providers, suppliers, licensors and consultants, and their respective its of cers, directors, employees, and agents (the “Indemni ed Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms, any Connect Content you post, store or otherwise transmit on or through the Website, or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against the Indemni ed Parties, arising out of or relating to the Connect Content, your conduct, or your violation of the rights of any third party.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms and your use of the Website are governed and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed in the State of Florida, without resort to its con ict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms shall be led only in the state and federal courts located in the State of Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. Hero Missions controls and operates this Website from the United States. Hero Missions makes no representation that materials in this Website are appropriate or available for use in other locations, and access to this Website from territories where its contents are illegal is prohibited. Those who choose to access this Website from other locations must do so on their own initiative and are responsible for compliance with applicable local laws. These Terms constitutes the entire agreement and supersedes any and all other understandings and agreements between you and Hero Missions with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or Hero Missions. Although these Terms may be updated or modified by Hero Missions from time to time as set forth therein, Hero Missions will not be bound by any other amendments or modifications to these Terms unless expressly accepted in writing by Hero Missions in a written amendment expressly referencing these Terms. These Terms may not be supplemented or modified by any course of dealing or trade usage. You acknowledge and agree that Hero Missions may modify or discontinue any or all features of this Website immediately and without notice to you in its sole and absolute discretion. You further acknowledge and agree that Hero Missions may suspend or terminate any Hero Missions Connect, with or without notice, for any or no reason, in its sole and absolute discretion. You hereby release Hero Missions from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this Website and the suspension or termination of your access to this Website and/ or any account connected to this Website. If you believe that anything on the Website infringes upon any copyright which you own or control, you may leave notification of such infringement with our Designated Agent as set forth below.