Terms of Use - UPMC Children’s Hospital Foundation

Website Terms of Use

Thank you for visiting the UPMC Children’s Hospital Foundation (“Foundation”) Fundraising Website (“Website”). By accessing, browsing, providing content to, and/or using webpages or other digital content in this Website, you accept, without limitation or qualification, the following terms of use.

LICENSE. Through this Website you may build a web presence for a particular individual (i.e. yourself, a family member or friend (“Honoree”). Such sub-site will be called “Personal Fundraising Webpage.” The Foundation grants a non exclusive, non transferable, freely revocable, limited license to each user to make personal use only of the Website and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Website and the associated services, making any derivative of the Website or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.

WAIVER. By using this Website to raise contributions in your own name, or in honor or memory of the Honoree, you agree that you have discussed with the Honoree’s family or legal representative, your intentions to raise money for the Foundation in that individual’s name or memory, and the Honoree, or Honoree’s family or legal representative, approves of this endeavor. You understand that the Foundation will use all monies collected on this Personal Fundraising Webpage toward current established foundations or charitable purposes at the Foundation. Disbursement of funds will not be directed by you or the Honoree’s family. All funds raised under the Personal Fundraising Webpage shall solely benefit the Foundation. You will not use this Website or email tools made available to you in an illegal or objectionable manner. The Foundation may contact you as necessary about the Personal Fundraising Webpage you are creating and may disable this Personal Fundraising Webpage at the Foundation’s discretion. You agree and represent that all use of this Personal Fundraising Webpage shall be undertaken at your own risk, that the Foundation, its officers, agents and employees shall not be liable for any claims, damages, injuries, actions, or causes of actions, whatsoever, to the Honoree or Honoree’s family or legal representative, to you, or to your property, or to your executors, heirs, or assigns, arising out of or connected with participation in the Personal Fundraising Webpage. If you fail to adhere to these Website Terms of Use requirements, you understand that you may be disqualified and your participation terminated.

IMPORTING DATA. You agree that you are responsible for all permissions, use of another’s name, and for copyright clearance on all material that you place on this Website. You agree to restrict information placed on this Website solely to fundraising activity, using the minimal information required to accomplish your goal.

INDEMNITY. You shall defend, indemnify, and hold the Foundation and its corporate affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your importing of any content to this Website, any third party claims of infringement or any breach of these Website Terms of Use, and in particular disclosing personal and/or medical information of the Honoree on the Personal Fundraising Webpage.

CONSENT. You agree that your use of the Website and any uses of any services or materials are subject to your agreement with the Website Terms of Use on the www.givetochildrens.org site. You agree that you will not violate any local, state, federal or international laws in using this Website or accessing or in importing any material to this Website.

SITE ACCESS/POLICY CHANGES. The Foundation reserves the right to prohibit, restrict or discontinue your access to certain pages within the Website if you violate any of these Terms of Use for the Personal Fundraising Webpage. The Foundation may modify these Terms of Use at any time without notice. The modified Terms of Use will be effective upon posting on our Website. To remain in compliance, the Foundation suggests that you review the Terms of Use, as well as the other Website policies, at regular intervals.

DISCLAIMER OF WARRANTY. THIS WEBSITE, ITS MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” BASIS FOR PERSONAL FUNDRAISING ACTIVITES ONLY. The Foundation makes no representations or warranties of any kind, express or implied, as to the operation of this Website, or the content, products and/or services, included therein. To the fullest extent permissible by applicable law, the Foundation disclaims all warranties, express or implied including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and/or infringement. When using this Website, information will be transmitted over a medium that is beyond the control of the Foundation. YOU ACKNOWLEDGE AND AGREE THAT THE FOUNDATION DOES NOT OPERATE OR CONTROL THE INTERNET AND THEREFORE DOES NOT GUARANTEE THAT THE USE OF THIS WEBSITE WILL BE ERROR-FREE OR FREE OF TECHNOLOGY DOWNTIMES OR UNAVAILABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE FOUNDATION CANNOT AND DOES NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THIS SITE. YOU ACKNOWLEDGE THAT UNENCRYPTED TRANSMISSIONS THROUGH EMAIL OR THE INTERNET OF PERSONAL HEALTH INFORMATION, IF INTERCEPTED, MAY GIVE RISE TO ACTION AGAINST YOU UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABLILITY ACT OF 1996, AS AMENDED (“HIPAA”). USERS HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTON OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE. The Foundation is not responsible for data, messages or pages lost, not delivered or misdirected because of interruptions or performance issues with the internet. The timeliness of data received is not guaranteed. Delays or omissions may occur. The Foundation also reserves the right to temporarily or permanently discontinue this site, any page, or any functionality on this Website at any time, for any reason and without notice.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES, AND PENALTIES IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THIS SITE OR CONNECTIVITY TO OR FROM THIS SITE TO ANY OTHER SITE.

GOVERNING LAW. You agree that any claim or dispute relating to the Website or your use or reliance on this Website and the Terms of Use shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. The parties agree to be bound and shall be subject to the exclusive venue and jurisdiction of the local, state or federal courts.

USER NAME AND PASSWORD. In the event you access any service requiring a User Name and Password, you are solely responsible for keeping such User Name and Password strictly confidential.

CHILDREN. This Website is directed at adults, and therefore this site is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for help in using this Website.

INBOUND LINKS. You may not, under any circumstances, establish a link to the Foundation’s Website without the express prior written consent of the Foundation, including but not limited to deep linking.

EXTERNAL LINKS. Please note that pages of this site may be linked to other sites which may have different terms of use. The Foundation does not own, control, manage, supervise, direct or otherwise have any involvement in the business or affairs of any third party site. The Foundation is not responsible for the privacy practices or the content of the third party site. Once you link to another site, you are subject to the privacy policy of that site. The Foundation encourages you to be aware when you are leaving the Website to read the privacy statements of each and every web site that you visit before providing any personally identifiable information.

IMAGES. Email templates and images used on the Website can only be used within givetochildrens.org and only for the purpose of fundraising for the Foundation. Downloading, modifying, displaying, sharing, and any other use of these images outside of givetochildrens.org is prohibited.

TRADEMARKS AND COPYRIGHTS. All trademarks, service marks, and logos or copyrights displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner. If you have any questions about our Terms of Use, please contact the Foundation at 412-692-3900 or [email protected]. You further understand and agree that the Foundation may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of the this user agreement or which may be illegal or offensive or inappropriate, or which poses a threat to the rights or safety of Foundation users.