The Ian Somerhalder Foundation operates a website, www.isfoundation.com (the “Website”) and several web pages on other web sites (e.g., Facebook and Twitter) (“Third Party Sites,” and together with the Website, the “Sites”). The Sites are owned and operated by Ian Somerhalder Foundation (“ISF”), a California 501(c)(3) corporation, which is located at 10990 Wilshire Boulevard, 8th Floor, Los Angeles, California 90024. If you have any questions regarding the Sites, they can be sent to the attention of the ISF Web Administrator via email to info@ISFoundation.net.
Through the Sites, you may, among other things, learn more about ISF and about issues surrounding empowering, educating and collaborating with people and undertaking charitable and educational projects that have a positive impact upon our planet and all of its creatures, donate to ISF or otherwise get involved with ISF through registering, fundraising and participating in events, including registering your event or project, user fundraising pages and social media interactions. We hope that you will enjoy our Sites and will visit us often. So that you may fully enjoy our Sites, we would like you to be aware of the rules that will govern your use of the Sites.
4. Links to Other Websites
5. Ownership of Intellectual Property and Restrictions on Use of ISF Materials
Without limiting the generality of the foregoing, you agree that you shall not (i) download or copy any of the Sites pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Sites for your own personal, non-commercial use; (ii) download or copy the Sites’ information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Sites or the ISF Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Sites or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Sites and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of ISF or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of ISF or its licensors.
6. ISF Community Crews
ISF Community Crews are independent, self-driven and are formed on their own initiative for the purpose of conducting charitable fundraising, education, and community oriented projects and events in support of ISF’s charitable mission. ISF Community Crews are required to (i) register with and be accepted by ISF, (ii) coordinate their efforts in furtherance of ISF’s charitable mission and, (iii) comply with the letter and spirit of all ISF policies, agreements and procedures contained in the ISF Community Crew Registration Packet and the Sites. In exchange, registered ISF Community Crews are granted a limited license by ISF to use specific ISF Materials for the purpose of identifying their support for ISF and to promote public awareness of ISF and its mission.
7. User Content
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by ISF or its affiliates of any User Content.
8. Copyright Complaints
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see ISF’s DMCA Notice Policy.
9. User Code of Conduct
The Sites are provided by ISF and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Sites. Users of the Sites acknowledge and agree that they may not:
• Use the Sites in such a way as to offend or interfere with the use by anyone else of the Sites;
• Upload, submit, publish, transmit, display, disseminate or otherwise communicate (or attempt to do any of the foregoing) any materials while connected to or otherwise using the Sites that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds for goods or services; or (viii) are treated as confidential under any contract or policy.
• Use the Sites for any unlawful purpose, including attempting to or engaging in any criminal activity including, child pornography, stalking, sexual assault, harassment or fraud, or otherwise use the Sites to in any way harm minors;
• Impersonate any other person or entity, falsely state such User’s affiliation with such other person or entity or submit any personal information to the Sites, about the user or others, that is not accurate or truthful;
• Attempt to circumvent the security systems of the Sites;
• Attempt to gain access to any other User's accounts or to ISF’s computer systems (Users should recognize that not all areas of the Sites may be available to you);
• Attempt to harvest or otherwise collect information about other Users without their consent;
• Attempt to use the Sites for any purposes other than those intended by ISF; or
• Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
ISF cannot and does not guarantee that other Users of the Sites will abide with the rules above or otherwise herein.
10. User Interactions and Disputes
You are solely responsible for your interaction with other Users of the Sites, whether online or offline. ISF is not responsible or liable for the conduct of any User. ISF reserves the right, but has no obligation, to monitor or become involved in disputes between Users. Exercise common sense and your best judgment in your interactions with other Users when you submit or post any personal or other information, and in all other online activities. Please read ISF’s Online Community Code of Conduct, which is incorporated herein by reference.
11. Use of Services
ISF reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, User Content or email will be retained. ISF shall have no responsibility or liability in connection with the Services, including in relation to any deletion or failure to store your information, pictures, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of ISF.
ISF reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, any one or more of the Sites or the Services (or any part thereof) with or without notice. You agree that ISF shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any Sites or Services.
The Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
The Sites may offer features and services that are available to you via your mobile phone, tablet, notebook or other mobile devices. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile device or access the Sites’ features (the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges may appear on your mobile bill or may be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact you carrier with questions regarding these issues.
You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, ISF may collect information related to the use of the Mobile Features. If you have registered for Mobile Features, you agree to notify ISF of any changes to your mobile device number and to update your account on the Sites to reflect these changes.
14. Your Obligations
In exchange for receiving the Services, you agree that you will not use the Services for any purpose other than in connection with helping ISF fulfill its mission, which is to empower, educate and collaborate with people and undertake charitable and educational projects that have a positive impact on our planet and all of its creatures. Furthermore, you agree to use the Services in accordance with all of the Terms.
You may select a log-in and password upon completing the user account's registration process for which you are responsible for maintaining the confidentiality. In addition, you accept full responsibility for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify ISF of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.
15. Termination of Services
Termination of your ISF account may include, at ISF's sole discretion, (i) removal of access to all offerings within the Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of the Service.
You also agree that ISF shall not be liable to you or any third-party for any termination of your access to the Services. Upon termination, ISF will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to ISF with respect to the Services terminated, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.
16. Participation in Events Waiver
From time to time, you may choose to register for and engage in events, activities and other fundraising and related programs (collectively, the “Events”) through the Sites, including but not limited to, holding events, participating in runs or races, outings, clean-ups and other activities to raise money and awareness of ISF and its mission. ISF appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.
17. Waiver, Indemnity and Release of Liability
You acknowledge, agree and understand that while participating in any Event or in training programs and other related activities, you may be using private or public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.
You acknowledge, agree and intend by the foregoing Waiver and Release of Liability to release in advance, and to waive your rights and to discharge all of the Releasees (as defined above), from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.
You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by ISF and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.
On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the Release and Waiver of Liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the Releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.
By registering for any Event, continued use of the Sites or any Services in connection with any Event, or selecting the “I AGREE” button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.
The publication of electronic mail addresses on the Sites is to facilitate communications relating to the functions of the Sites and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. You agree that you will not spam or otherwise send unsolicited mailings to any person or entity using the Sites.
THE USE OF THE SITES OR THE SERVICES OR PARTICIPATION IN ANY EVENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES, INCLUDING, WITHOUT LIMITATION, THE ISF MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ISF GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS IN CONNECTION WITH THE SITES, THEIR CONTENTS, THE DOWNLOADABLE ITEMS, USER CONTENT, SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM ISF VIA THE SITES, FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES, ANY PRODUCTS OR SERVICES AVAILABLE OR REFERENCED THROUGH THE SITES, OR ASSOCIATED WITH THE USE OF THE SITES, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
THE INFORMATION CONTAINED ON THE SITES IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ISF ENCOURAGES ALL INDIVIDUALS TO MAKE INFORMED DECISIONS ABOUT THEIR HEALTH, SAFETY AND WELL-BEING. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ISF. THE ISF GROUP DISCLAIMS ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING FROM ANY PERSON FOLLOWING THE INFORMATION PROVIDED WITHIN OR THROUGHOUT THE SITES WITH RESPECT TO ANY ACTION. THE ISF GROUP DOES NOT ENDORSE SPECIFIC PRODUCTS OR SERVICES, AND IMPLICATIONS AS SUCH ARE UNINTENTIONAL. ISF ATTEMPTS TO COLLECT AND PROVIDE INFORMATION THAT IS BASED ON SCIENTIFIC DATA, PRINCIPLES, THEORIES AND DIALOGUES. HOWEVER, THE ISF GROUP DOES NOT GUARANTEE THAT THE INFORMATION CONTAINED ON THE SITES OR PUBLISHED ELSEWHERE IS FREE FROM ALL ERRORS AND OMISSIONS. THE SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER ISF NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.
Use of the Sites is not intended to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. If any minor uses any goods or product it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. ISF does not give or intend to give any answers to medical related questions and the Sites do not replace any medical professional or medical resource. ISF does not represent itself as a physician nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
IN ADDITION, THE ISF GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE.
THE ISF GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SITES, THE SERVICES OR THE ISF MATERIALS (INCLUDING ANY INSTRUCTIONS) IN TERMS OF THEIR CORRECTNESS, ACCURACY, USEFULNESS, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITES AND ANY ISF MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE SITES. IF YOUR USE OF THE SITES OR THE ISF MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT ISF ARE RESPONSIBLE FOR THOSE COSTS.
FINALLY, THE ISF GROUP DOES NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ISF GROUP SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
20. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE ISF GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, THE DOWNLOADABLE ITEMS, USER CONTENT, ANY EVENT, SHOP ITEMS OR ANY OF THE ISF MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ISF GROUP OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY ISSUES, ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION, OR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OF MALFUNCTION, EVEN IF FORSEEABLE OR IF THE ISF GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE ISF GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ISF GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, SHOP ITEMS OR ANY OF THE ISF MATERIALS OR FUNCTIONS AT THE SITES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE SITES OR (II) $100.
21. Waiver of Unknown Claims
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
23. Jurisdictional Issues
This Website is controlled, operated, hosted and served by ISF in the United States and ISF makes no representations or warranties that the information, products or services contained on the sites are appropriate for use or access in other locations. If you choose to access and use the Sites from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the ISF Group to any registration requirement within such jurisdiction or country.
24. Dispute Resolution
25. Waiver of Jury Trial and Class Actions
26. Note to Parents
Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site. It contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online. Pursuant to 47 U.S.C. Section 230(d) as amended, ISF hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available here.
27. General Provisions
28. Current and Prior Versions of These Terms
The Terms were last revised and posted January 7, 2013, and effective on that date. Prior versions of these Terms include the following:
If you agreed to be bound by a prior version of these Terms, but do not agree to be bound by the current version of these Terms, then cease using the Sites and the Services. You will continue to be bound by the applicable version of these Terms that you agreed to. Otherwise, by continuing to use the Sites and the Services, you agree to be bound by the current version of these Terms instead of any prior version of these Terms.