Terms and Conditions
Updated as of January 23, 2023
Welcome to FreeTheGirls.org, a website (the “Website”) operated by Free The Girls (“we” and “us”). We are a 501(c)(3) nonprofit organization that offers sustainable economic opportunities among other integral reintegrative services to survivors of sex trafficking.
INTRODUCTION
These Terms and Conditions (“Terms & Conditions”) will apply to the use of the following products and services (collectively, the “Services”): (i) this website (https://www.freethegirls.org/) (as updated and modified, the “Website”); (ii) any software applications made available by us for use on or through computer and mobile devices; (iii) any educational or fundraising resources, donation drives or drop-offs, events, groups, advertising materials, guidebooks, and other similar related content and materials that we provide (collectively, and as updated and modified, each a “Program”); (iv) any other digital communications or content that we may publish that link to these Terms & Conditions, including any content or advertisements that we may place on third-party websites (e.g., Facebook); (v) any new features, updates or modifications of any of the foregoing; and (vi) any other services that we may provide you in connection with any of the foregoing, including your participation in any of our bra drives. The Services are managed by us and our designees.
YOUR ACCESS OR USE OF ANY PORTION OF THE SERVICES CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THE TERMS & CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY US. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES.
All references to “you” or “your” in these Terms & Conditions mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms & Conditions.
We value and respect your privacy. Please also visit our Privacy Policy, which will provide information about our policies for the collection, use, and disclosure of personal information – freethegirls.org/privacypolicy. By accessing or using the Services, you are also agreeing to our Privacy Policy.
USE OF SERVICES
The Services and its content are intended solely for your own individual use. In addition, you agree not to: (a) use or access the Services for any purpose that is unlawful or prohibited by these Terms & Conditions; (b) use or access the Services in a manner that could damage, disable, overburden, or impair any servers or the networks connected to any servers; (c) interfere with any third party’s use and enjoyment of the Services; or (d) attempt to gain unauthorized access to accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means.
You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services.
The Services may direct you to third-party websites, software, tools, or applications. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party websites, software, tools, or applications, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, software, tools, or applications accessible from the Services. We also do not endorse those organizations, or the information provided by them. Please review carefully the third party’s privacy policies and terms and conditions and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services, or resources should be directed to the third party.
USE OF PUBLICATIONS
We provide information and resources on sustainable economic opportunities among other integral reintegrative services to survivors of sex trafficking, including articles, press releases, photographs, survivor stories, reports, newsletters, e-newsletters, updates, and more (collectively, “Publications”). Unless otherwise expressly stated, all content provided on the Website is intellectual property that belongs to us.
You are permitted to download Publications for your own personal informational use. However, you may not copy, distribute, adapt, or transmit any content from the Publications (or this Website), or suggest any other relationship, endorsement, or affiliation with us, without our express written permission. To request permission for use of any of the foregoing, please send an email to info@freethegirls.org.
EVENTS AND PROGRAMS
The Services may allow you to purchase the ability to participate in and attend certain Programs offered by us or our volunteers. If there is a conflict between any information offered by any Program or Service and the information provided in these Terms & Conditions, these Terms & Conditions will govern. Unless otherwise indicated on the Services, all donations of goods and/or payments made for or during the Programs are non-refundable. Some Programs may also require you to take other intermediate steps to complete the Program, such as utilizing other third-party websites or services (e.g., Dropbox, The Giving Block, Give Back Box, PayPal, Venmo, Google Pay).
We currently use one or more third-party vendors to manage online Programs and payment processing. We do not collect, manage, or process the information you submit when you donate through a Program, though we may have access to certain portions of such information. As described further above, and in our Privacy Policy, the policies and practices that will govern the collection and processing of the information you submit during the process of paying for a Program will be governed by the privacy policy and terms and conditions of these third-party vendors, which may be different than ours.
PROVIDING PERSONAL INFORMATION
Use of certain features of the Services and/or its third-party providers might be limited and/or require you to provide personal information. You will be exclusively responsible for: (i) maintaining the confidentiality and security of your password(s), including properly logging out of the third-party registration site when you are finished using it; (ii) immediately notifying the third-party provider of any loss or any unauthorized use of your password(s) or any other breach of security that you know or suspect; and (iii) requesting, disclosing, and using the passwords solely as required to use the Services in accordance with these Terms & Conditions. You further agree that we are not responsible for your failure to comply with these requirements or any loss or damage arising out of, or related to, your use of your third-party site registration(s) by you or anyone other than us.
NO GUARANTEES
Though we strive to keep the information available on the Website current and accurate, errors can, and do, occur. We provide the information on the Website with no representations or guarantees of accuracy, completeness, or timeliness. We will not be liable to you or any other person for any damages that result from the use or inability to use the Website, or as a result of any content, information, services, or resources made available through the Website.
YOUR REPRESENTATIONS
As a condition of your right to use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country. You represent and warrant that any information you post or provide to us by means of the Services, including as part of any enrollment or application form or to gain access to the Services, is truthful, accurate, not misleading, and offered in good faith.
Modifications and Interruptions to Services
We reserve the right to modify or discontinue all or any portion of the Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to the Services, or that operation of the Services will be error free. You understand that usage of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Termination of Access
We will have the right to terminate your access to and use of the Services immediately if we believe that your conduct fails to conform with the Terms & Conditions, or for any other reasonable reason, in our sole discretion. We also reserve the right to investigate suspected violations of the Terms & Conditions, including any violation arising from any submission, posting, or e-mail you make or send to the Services or that is discovered by the Services. Upon notification to you that your access to the Services is terminated, you agree that you will immediately discontinue use of the Services.
Intellectual Property Rights
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including any Programs and the materials related thereto) are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on the Services are the exclusive property of ours and are protected by U.S. and international copyright laws. No material from any portion of the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless stated otherwise. The use of any tools, programs, robotic algorithms, or products to automatically download or “spider” the Services or any of the pages of the Services infringes on our copyrights. Do not use any such tools or products on or in connection with the Services.
You will not adopt or use any names, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions, or the like that are the same as or confusingly similar to the trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on any of the Services (collectively, the “Marks”). Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporates any content from the Services, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or copyrighted material from the Services. All rights not expressly granted under these Terms & Conditions are expressly reserved to us.
SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
All remarks, suggestions, ideas, graphics, or other information communicated by you through the Services in any way (collectively, the “Submission(s)”) will forever be the property of us and you waive all of your rights therein provided that you will continue to be responsible for the content of any Submission(s) including, without limitation, any indemnification obligations related to such Submission(s). We will not be required to treat any Submission(s) as confidential (unless required by law) and will not incur any liability as a result of any similarities that may appear in future operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission(s) of every kind and nature everywhere and will be entitled to use the Submission(s) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission(s). We retain the right to review, edit or delete from the Services any Submission(s) which we in our sole discretion consider illegal, offensive, in violation of a third-party right, or are otherwise inappropriate.
You agree that you will not use any of the Services to transmit or make available any content that:
· violates any laws; contains any threats; is abusive, harassing, vulgar, obscene, or indecent; violates any person’s rights of privacy or publicity; is defamatory, libelous, or hateful; contains any disparaging statements or opinions regarding gender, racial or ethnic background, or sexual orientation; or is otherwise tortious or objectionable;
· infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
· contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
· you know or have reason to know is false, misleading, or fraudulent;
· you do not have a right to make available under any law or under contractual or fiduciary relationships;
· employs any techniques to disguise the origin of the content submitted;
· contains any unsolicited or unauthorized advertising or promotional materials;
· incorporates within it any software viruses or any other malicious code; or
· contains links to any websites containing content violating any of the foregoing requirements, the law, or other provisions of the Terms & Conditions.
You further agree not to use the Services to:
· engage in any conduct which might be harmful to any individual;
· impersonate or misrepresent your affiliation with any person or entity;
· engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity; or
· engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Without limiting any of the other disclaimers found in these Terms & Conditions in any way, you expressly agree that we are not responsible for, and have made no representations or warranties of any kind about, any Submission(s) to, on, or through the Services.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of the Services, you consent to us recording any communication, electronic or otherwise, between you and us and retaining any information and data you submit while using the Services. In using the Services, you may be permitted to communicate electronically with us by, for example, sending e-mail or completing a “contact us” form; however, you acknowledge and agree that only general information or inquiries may be submitted to us via these methods, and any other submissions or communications on or through the Services may be submitted only in accordance with the express instructions set forth on the Services for such submissions or communications. Please do not send any time-sensitive communications via e-mail as we are not responsible for responding to any such communications.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on one of the Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us at info@freethegirls.org. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of the Services by repeat infringers.
SOLELY INTENDED FOR UNITED STATES USERS
Unless otherwise explicitly specified on the Services, the information on all of the Services is intended solely for use and access by persons residing in the United States. We control and operate the Services from Chesterton, Indiana, located in the United States, and we make no representations or warranties that the information, products, or services contained on the Services are appropriate for use or access in other locations. Anyone using or accessing any of the Services from other locations does so on his or her own initiative and is responsible for compliance with local United States laws, if applicable. Your use of the Website and any related legal action will be governed by the laws of the State of Indiana, without regard to conflict of laws principles. The sole jurisdiction for any litigation arising out of your use of or inquiries to the Website will be an appropriate federal or state court located in Porter County, Indiana.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR any of our AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION INCLUDED ON THE WEBSITE. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND ALL OF OUR AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE SERVICES AND/OR (II) YOUR BREACH OF ANY OF THE PROVISIONS OF THE TERMS & CONDITIONS.
MISCELLANEOUS
If we do not immediately take action to address a violation of these Terms and Conditions, we are not waiving our rights to take action in the future. If any provision of the Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights hereunder to any party at any time without any notice to you. These Terms & Conditions together with our Privacy Policy constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Changes to Terms & Conditions
We reserve the right to change, modify, amend, and/or update the Terms & Conditions at any time with or without prior notice to you. Your use of the Services following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by the Terms & Conditions as so changed, modified, amended, and/or updated. You are responsible for reviewing the Terms & Conditions each time you use or access any portion of the Services.
CONTACTING US
If you have questions or concerns regarding these Terms & Conditions or your rights and obligations relating to the Services, please send an email to info@freethegirls.org.