GENERAL INFORMATION
YOUR USE OF THE ROYAL DIAMOND ORPHANAGE HOME (Royal Diamond Orphanage Home) WEBSITE (including www.royaldiamondorphanage.org), ITS CONTENT, ELECTRONIC COMMUNITIES, PRODUCTS AND SERVICES, CREATING AN ACCOUNT, AND DOWNLOADING FROM OUR SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF USE SET FORTH HEREIN.
In addition to providing descriptions of our programs and how we work side by side with communities in developing countries to end the cycle of poverty for children and developing solutions to ensure long-term sustainability, our sites, materials, electronic communities, products, and/or services (collectively, “Materials”) provide you with the opportunity to sponsor a child, support our programs, and otherwise interact with us and our online community. These terms and conditions have been developed for your protection, as well as ours.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use which serve as the guiding terms for use of the site at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Materials or Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or Materials. It is your responsibility to regularly check to determine if there have been changes to these Terms and to review such changes.
RIGHTS AND OBLIGATIONS.
1. Purpose. The purpose of our site and services is to provide educational, non-commercial materials relating to the provision of relief and development-related programs to those in need in developing countries, subject to these Terms of Use, and to provide opportunities for users to support our cause and to help raise money.
2. Using the Site. It is easy to use our site. Should you choose to engage in activities through the use of our site, you may be asked to set up a user account. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages.
3. User Names. You may need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile. By selecting a user name you agree that you will not select or use a name:
(a) of another person with the intent to impersonate that person;
(b) subject to the rights of any person without authorization;
(c) in violation of the intellectual property rights of any person;
or (d) that Royal Diamond Orphanage Home, in its sole discretion, deems inappropriate or offensive.
You hereby expressly permit Royal Diamond Orphanage Home to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Royal Diamond Orphanage Home.
You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Royal Diamond Orphanage Home immediately of any unauthorized use of your password or account or any other breach of security. Royal Diamond Orphanage Home assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
4. Accurate Information. You agree to: (a) provide accurate information as prompted on the site; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Royal Diamond Orphanage Home has reasonable grounds to suspect that such information is inaccurate, Royal Diamond Orphanage Home may suspend or terminate your use of the site.
5. Privacy. In addition to reviewing these terms, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the site and its services constitutes your agreement to be bound by our Privacy Policy.
6. Relationship of Royal Diamond Orphanage Home. By using this site you understand and agree that Royal Diamond Orphanage Home shall not be responsible for any losses or damages incurred by you as a result of using the site or as the result of any activities you engage in through the site. In the event of a dispute between users (including but not limited to other users, posters, fundraisers, donors, and third parties), you hereby release Royal Diamond Orphanage Home, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors, and volunteers from all claims, damages, and demands that may or may not be known, suspected or related to such disputes about our site.
7. Fundraising and Awareness Activities. Royal Diamond Orphanage Home provides a service through the site that allows users to generate their own content within their own account, including the ability to raise funds for Royal Diamond Orphanage Home through their own activities and events, such as walks, rides, marathons, and other events (collectively, “Events”). Such activities and Events will be subject to the Terms set forth herein and those who engage in such activities and Events agree to be solely responsible for such activities and events and agree to hold Royal Diamond Orphanage Home harmless from any and all harm, injury, losses, and liabilities as further set forth herein in connection with their participation in such activities and Events.
8. Ownership. The site and all services and technology underlying same are expressly owned and operated by Royal Diamond Orphanage Home. Except as specifically excepted herein, no portion of the site may be reprinted, republished, modified, or distributed in any form without Royal Diamond Orphanage Home’s express written permission. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the site, services, or any of the site information.
9. Site/Royal Diamond Orphanage Home Materials. You may use the Materials on this site only for educational or fundraising/awareness-related purposes, subject to these Terms and except that:
• a. Logo. To use a Royal Diamond Orphanage Home mark or logo for fundraising or for any other purpose you must contact us and provide a description of your intended use. Any use of the Royal Diamond Orphanage Home trademarks, including its logo, requires express written permission from Royal Diamond Orphanage Home.
• b. Sale of Goods or Services benefiting Royal Diamond Orphanage Home. This use requires express written permission from Royal Diamond Orphanage Home. To sell products or services to benefit Royal Diamond Orphanage Home, you must contact at us at: 5B Edward Ademoroti Close, By Unity Estate Gate. Ojodu Berger Lagos. info@royaldiamondorphanage.org and provide a detailed description of your planned use; if an individual, your name and address; if an entity, its place of incorporation and type of entity. Note, the Better Business Bureau and some consumer laws require a written contract between Royal Diamond Orphanage Home and most businesses that intend to sell goods or services benefitting Royal Diamond Orphanage Home. Furthermore, businesses must indicate at point of advertising and/or sale the precise benefit to the charity. If the benefit is a portion of sale proceeds, the amount must be indicated by dollar or percentage of retail sale price, not with language such as “proceeds,” “income,” “net,” or “profits” because this does not detail the precise portion of the sale benefiting charity. These arrangements require additional vetting through Royal Diamond Orphanage Home’ normal off-line mechanisms.
• c. Images (including photos and films). You must obtain permission from Royal Diamond Orphanage Home if you want to use an image from the Materials. Contact: 5B Edward Ademoroti Close, By Unity Estate Gate. Ojodu Berger Lagos. info@royaldiamondorphanage.org and provide a description of the image you want to use, the page address where it appears, what you want to use it for, and, if an individual, your name and address; if an entity, its place of incorporation and type of entity. This use requires express written permission from Royal Diamond Orphanage Home.
• d. Use of Materials. Royal Diamond Orphanage Home owns the Material on this site, unless otherwise indicated. You acquire no ownership rights by downloading copyrighted or other Material. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
• e. Legends Intact. You must keep all copyright or other proprietary notices intact. The Materials should indicate © Royal Diamond Orphanage Home Support Association (Royal Diamond Orphanage Home), and may require additional legends to attribute the work to an author, photographer, or others. All Materials are owned by Royal Diamond Orphanage Home or licensed to Royal Diamond Orphanage Home for its use.
• f. Copy to Royal Diamond Orphanage Home. If the Materials are used in a publication or other formal presentation, you must provide Royal Diamond Orphanage Home a copy by emailing: info@royaldiamondorphanage.org.
• g. Reputation. Materials shall not be used to disparage Royal Diamond Orphanage Home or its activities.
10. Submissions/Creating or Hosting Fundraising. In consideration of your use of the site and Materials, you agree to
(a) provide accurate, current and complete information about you in any registration forms on the Sites (“Registration Data”);
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to Royal Diamond Orphanage Home, to keep it accurate, current, and complete;
and (d) be fully responsible for all use of your account and for any actions that take place using your account.
• a. Your remarks, graphics, photos, videos, or other information communicated to Royal Diamond Orphanage Home or its community or otherwise posted to the site (each a “Submission”) shall be freely used by Royal Diamond Orphanage Home as described below. You represent and warrant that any information and/or Submission you post or provide to Royal Diamond Orphanage Home through any medium is truthful, accurate, not misleading, not confidential property of others, and not in violation of any other party’s rights, including rights of trademark or copyright. You represent and warrant and agree that you shall not provide Royal Diamond Orphanage Home a Submission in which other persons have rights without their express permission, or that infringe their rights, or that contains libelous, defamatory, or otherwise unlawful material and you are responsible if your Submission injures another person. In addition, you agree not to:
• b. use the Materials for data mining, robots, or similar data gathering or extraction methods;
• c. harvest or collect email addresses or other contact information of other Users from the Materials by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• d. use the Materials in any unlawful manner or in any other manner that could damage, disable, overburden, or impair them;
• e. use automated scripts to collect information from or otherwise interact with the Materials;
• f. upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
• g. register for more than one User account, register for a User account on behalf of an individual other than yourself or your institution;
• h. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
• i. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• j. upload, post, transmit, share, store, or otherwise make publicly available in the Materials (including on the site) any private information of any third party including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
• k. solicit personal information from others or solicit personally identifying information for commercial or unlawful purposes;
• l. upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• m. intimidate or harass another;
• n. use or attempt to use another’s account, service, or system without authorization from Royal Diamond Orphanage Home, or create a false identity in the Materials (including on the site);
• o. upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment and discretion of Royal Diamond Orphanage Home, is objectionable or which restricts or inhibits any other person from using or enjoying the Materials, or which may expose Royal Diamond Orphanage Home or its users of this site to any harm or liability of any type.
Submissions on the site are not confidential and shall not be treated as confidential by Royal Diamond Orphanage Home. Royal Diamond Orphanage Home may use Submissions for any purpose, including program and fundraising purposes, without compensation or other liability to you or any third party. When you post a Submission and provide materials with that Submission, or otherwise send material to Royal Diamond Orphanage Home through this site or any other medium, including, but not limited to photos, videos, ideas, narratives, comments, concepts, or other information, all such submissions and information shall be deemed, and shall remain, the property of Royal Diamond Orphanage Home. You authorize and direct Royal Diamond Orphanage Home to use and/or to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Submission.
By posting Submissions, you automatically grant, and you represent and warrant that you have the right to grant, to Royal Diamond Orphanage Home an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submissions for any purpose, commercial, advertising, fundraising, program, or otherwise, on or in connection with the Materials (including on the site) or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. You understand that your Submissions may be used and republished by other Users over whom Royal Diamond Orphanage Home has no control, and you specifically consent to this use by others and Royal Diamond Orphanage Home has no obligation to protect such materials as to you or any other User.
11. Fundraising and Receipt of Funds. Users may use the site to support their raising of funds in support of their child sponsorship or for other purposes to support Royal Diamond Orphanage Home. Users acknowledge that any funds received directly by an individual fundraising on behalf of Royal Diamond Orphanage Home are accepted as a fiduciary for Royal Diamond Orphanage Home and that the User owes a duty to Royal Diamond Orphanage Home to account for all funds raised and to ensure that all funds raised, in their entirety, are provided to Royal Diamond Orphanage Home at the end of their fundraising event. You are solely responsible for your interactions with other visitors to the site and other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users or visitors and to prohibit your further use of the site or further interactions with Users or visitors. You are also solely responsible for your own communications and are responsible for the consequences of posting those communications.
12. Liability; Release and Hold Harmless Regarding Site Content/Use. You agree to not post or transmit through Royal Diamond Orphanage Home or this site any information or documents that violates these Terms. You shall defend, indemnify, and hold harmless Royal Diamond Orphanage Home Support Association., its directors, officers, employees, and agents, and their third party content providers (“indemnitees”) from any claims, losses, or expenses arising from or in connection with any Submissions, any Third Party applications, Software, or Content you post or share on or through the Materials (including through the site), your use of the Materials, your conduct in connection with the Materials or with other Users of the Materials, or any violation of this Agreement or of any law or the rights of any third party.
THE MATERIALS AND ROYAL DIAMOND ORPHANAGE HOME’S WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ANY AND ALL INFORMATION, SERVICES, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH ROYAL DIAMOND ORPHANAGE HOME’S SITE ARE SIMILARLY PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ROYAL DIAMOND ORPHANAGE HOME DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ROYAL DIAMOND ORPHANAGE HOME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS INCLUDING, WITHOUT LIMITATION, THEIR COMPLETENESS, ACCURACY, RELIABILITY, INTERRUPTION, DEFECT, WHETHER THE MATERIALS OR THE SERVER ARE FREE OF VIRUSES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR OTHER HARMFUL COMPONENTS. INFORMATION IN THE MATERIALS, OR THE SITE OF ROYAL DIAMOND ORPHANAGE HOME, IS PROVIDED WITH THE UNDERSTANDING THAT ROYAL DIAMOND ORPHANAGE HOME IS NOT RENDERING PROFESSIONAL ADVICE OR RECOMMENDATIONS. DO NOT RELY ON ANY INFORMATION ON THESE PAGES TO REPLACE CONSULTATIONS WITH QUALIFIED PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS. YOU USE THE MATERIALS AT YOUR OWN RISK.
Royal Diamond Orphanage Home publishes much of its own content. Royal Diamond Orphanage Home has no editorial control over content it does not publish on its own. All opinions, advice, statements, services, offers, or other information or content expressed or made available by any User of the Materials or this site, are those of the respective author(s) or distributor(s) and not of or endorsed by Royal Diamond Orphanage Home, unless published directly by Royal Diamond Orphanage Home.
ROYAL DIAMOND ORPHANAGE HOME DOES NOT PRE-SCREEN, APPROVE, OR ENDORSE ANY SUBMISSIONS, AND CANNOT GUARANTEE THAT A SUBMISSION WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A SUBMISSION. NOR IS ROYAL DIAMOND ORPHANAGE HOME RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION, OR ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUBMISSION, INCLUDING HOW THE OWNER OF THE SUBMISSION COLLECTS, HANDLES, USES, AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A SUBMISSION.
IN NO EVENT WILL ROYAL DIAMOND ORPHANAGE HOME OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE MATERIALS OR THIS SITE, ANY PLATFORM APPLICATIONS, ANY PRODUCT OR SERVICE, OR ANY OF THE MATERIALS OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF ROYAL DIAMOND ORPHANAGE HOME IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROYAL DIAMOND ORPHANAGE HOME’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROYAL DIAMOND ORPHANAGE HOME FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO PURCHASE OF A PRODUCT IS INVOLVED AND/OR NO FEES ARE PAID TO ROYAL DIAMOND ORPHANAGE HOME FOR THE SERVICE, MATERIALS, OR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ROYAL DIAMOND ORPHANAGE HOME, REGARDLESS OF THE CAUSE OF ACTION.
Royal Diamond Orphanage Home is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Materials or use of the site. Under no circumstances will Royal Diamond Orphanage Home be responsible for any loss or damage, including any loss or damage to any Submissions or personal injury or death, resulting from anyone’s use of the Materials, the use of the site, any Submissions or Third Party Applications, Software, or Content posted on or through the Materials or transmitted to Users, or any interactions between Users of the Materials or the site, whether online or offline.
The Materials and site may be linked to other sites not maintained by Royal Diamond Orphanage Home. Royal Diamond Orphanage Home is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Royal Diamond Orphanage Home of the sites. Royal Diamond Orphanage Home makes no representations whatsoever about any other sites which you may access through Royal Diamond Orphanage Home.
• Fundraising Liability Release. Royal Diamond Orphanage Home allows individuals to raise funds on a volunteer basis, both online and offline, through various means, including through the establishment of online fundraising pages through Royal Diamond Orphanage Home and this site. Users and supporters of Royal Diamond Orphanage Home who select to raise funds voluntarily through this site do so under Agreement with Royal Diamond Orphanage Home to abide by these Terms of Use. Further, Users and supporters of Royal Diamond Orphanage Home agree to indemnify and hold Royal Diamond Orphanage Home harmless from liability or loss in connection with their volunteer fundraising efforts. Some Users and/or supporters may choose to engage in physically dangerous and taxing fundraising activities, including but not limited to bicycle rides, marathons, other distance running, and various other activities that may be inherently dangerous or have the potential to cause harm. In this regard, by using this site and in consideration for the use of Royal Diamond Orphanage Home’ name and goodwill, Users and supporters acknowledge they are fully aware of inherent risks and dangers and agree to the following express release:
I UNDERSTAND THAT THE ACTIVITY I AM UNDERTAKING (THE “ACTIVITY”) IS A PHYSICALLY DEMANDING AND POTENTIALLY DANGEROUS ENDEAVOR THAT I AM VOLUNTARILY UNDERTAKING. I ACKNOWLEDGE THAT THE ACTIVITY IS NOT ORGANIZED BY ROYAL DIAMOND ORPHANAGE HOME AND IS NOT BEING UNDERTAKEN UNDER ANY ASSURANCES OF MY COMPLETION OF THE ACTIVITY. I AGREE TO BE SOLELY RESPONSIBLE FOR MY OWN WELL-BEING AND MY CONTINUED PARTICIPATION SHOULD I NOT BE ABLE TO MAINTAIN THE PACE OR HAVE MY SAFETY COMPROMISED. BECAUSE OF THE DANGER INVOLVED WITH THE ACTIVITY, AND THE PHYSICAL AND SAFETY DEMANDS OF PARTICIPATION, I ACKNOWLEDGE THAT I AM PHYSICALLY ABLE TO ENGAGE IN THE ACTIVITY AND THAT I HAVE RECEIVED A PHYSICIAN’S PHYSICAL SO ATTESTING TO SAME OR OTHERWISE ACKNOWLEDGE THAT ROYAL DIAMOND ORPHANAGE HOME SUPPORT ASSOCIATION. IS UNAWARE OF ANY PHYSICAL OR MENTAL HEALTH OR RELATED ISSUES THAT COULD JEOPARDIZE MY SAFETY IN ENGAGING IN THE ACTIVITY. IN FURTHER CONSIDERATION FOR ME BEING ALLOWED TO PARTICIPATE, I PROVIDE THE FOLLOWING ATTESTATIONS AND INFORMED WAIVERS/RELEASES.
I ATTEST AM IN GOOD PHYSICAL CONDITION AND AM ABLE TO PARTICIPATE IN THE ACTIVITY. I AM FULLY AWARE AND INFORMED OF THE DANGERS INVOLVED WITH THE ACTIVITY, WHICH INCLUDE, BUT ARE NOT LIMITED TO, PERMANENT PARALYSIS AND DEATH, HEART ATTACK, MUSCLE STRAINS, SPRAINS, PULLS, TEARS, BROKEN BONES, KNEE, BACK, LEG, FOOT, AND NECK INJURIES FROM VARIOUS CAUSES. WHILE PARTICULAR SKILLS, EQUIPMENT, AND PERSONAL DISCIPLINE MAY REDUCE THE DANGERS, THE RISK OF INJURY DOES EXIST; AND, AS TO ROYAL DIAMOND ORPHANAGE HOME SUPPORT ASSOCIATION., I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THIRD PARTIES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION; AND, I WILLINGLY AGREE TO COMPLY WITH ALL FEDERAL, STATE, AND LOCAL RULES AND REGULATIONS, AS WELL AS THE STATED AND CUSTOMARY TERMS AND CONDITIONS FOR PARTICIPATION. IF, HOWEVER, I OBSERVE ANY UNUSUAL SIGNIFICANT HAZARD DURING MY PRESENCE OR PARTICIPATION, I WILL REMOVE MYSELF FROM PARTICIPATION OR OTHERWISE PROCEED AT MY OWN RISK.
I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, HEREBY FOREVER WAIVE, RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS ROYAL DIAMOND ORPHANAGE HOME SUPPORT ASSOCIATION., THEIR OFFICERS, DIRECTORS, OFFICIALS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND SPONSORING AGENCIES, (“RELEASEES”), FOR ANY AND ALL CLAIMS OR LIABILITIES FOR INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGES TO MY PERSON OR PROPERTY, INCLUDING THOSE CAUSED BY THE ORDINARY ACT OR OMISSION OF ANY OF THOSE MENTIONED OR OTHERS ACTING ON THEIR BEHALF, ARISING OUT OF OR CONNECTED WITH MY PARTICIPATION IN THE ACTIVITY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO SAME.
13. Miscellaneous
• a. Royal Diamond Orphanage Home Programs. The Materials and this site may contain references to Royal Diamond Orphanage Home services, products, and programs that are international and may or may not exist in your country. These references do not imply that Royal Diamond Orphanage Home intends to announce or provide the programs in your country. All questions about Royal Diamond Orphanage Home activities in your country should be directed to Royal Diamond Orphanage Home.
• b. Monitoring. You understand and agree that Royal Diamond Orphanage Home may, but is not obligated to, review the Materials on the site and may delete or remove (without notice) any Content or Submissions in its sole discretion, for any reason or no reason, including Submissions that in the sole judgment of Royal Diamond Orphanage Home violate this Agreement, or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submissions you post or store in the Materials, on the site, or provide to Royal Diamond Orphanage Home. Royal Diamond Orphanage Home may edit, refuse to post, or remove any material submitted to or posted in the Materials and on the site. Royal Diamond Orphanage Home may also at its sole discretion limit access to the Materials or the site and/or terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Possible evidence of use of the Materials or the site for illegal purposes may be provided to law enforcement authorities.
• c. Trademark Information. The marks Royal Diamond Orphanage Home Support Association, Royal Diamond Orphanage Home, and other Royal Diamond Orphanage Home service marks, trademarks, trade names, or logos are protected and/or registered in the United States and, to the extent used outside the United States, in other countries. All rights reserved. Other trademarks or trade names displayed in the Materials, on the site or through links to other sites are the property of the respective trademark owners.
• d. Privacy. By using the Materials and/or the site, you agree to be bound by Royal Diamond Orphanage Home’s privacy policy.
• e. No Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes, or similar prize promotion (each a “Promotion”) on this site without Royal Diamond Orphanage Home’ prior express written consent. If Royal Diamond Orphanage Home does consent, you take full responsibility for the Promotion and you agree that such Promotion shall comply with all applicable laws; you are solely responsible for all facets of the Promotion; you may not use Royal Diamond Orphanage Home’ trademarks or other intellectual property in the Promotion or its rules without Royal Diamond Orphanage Home’ written consent; you cannot require someone pay or otherwise make a donation to participate in the Promotion; and you cannot endorse, sponsor, or promote any third party as part of the Promotion. Any rules for the Promotion must provide that: Royal Diamond Orphanage Home does not sponsor, administer, or endorse the Promotion; each participant or entrant in the Promotion releases Royal Diamond Orphanage Home from any and all liability; and all questions concerning the Promotion must be directed to you and not to Royal Diamond Orphanage Home.
• f. Law. This Agreement shall be construed in accordance with the laws of the State of Virginia, United States of America, without regard to its conflict of laws roles. If any part of these Terms are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
• g. Remedy. You and Royal Diamond Orphanage Home agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Materials (including your visit to or use of the Materials), and this site shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the User conduct roles set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) disputes or claims relating to any purchases from a third party or third party
Or claim arising out of or in relation to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, shall be finally resolved by arbitration under the LACIAC Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. It is agreed that:
i. The number of arbitrators shall be [one/three] (optional [who is/are to be a [specify any qualifications required];
ii. The seat, or legal place, of arbitration shall be [City and/or Country] ;
iii. The place of arbitration shall be [Lagos/Nigeria];
iv. The governing law of this arbitration agreement shall be the substantive law of [the laws of the Federal Republic of Nigeria/England & Wales] ; and
v. The language of the arbitration shall be [English].”
• In no event shall any claim, action, or proceeding by you related in any way to the Materials (including your visit to or use of the Materials) be instituted more than three (3) years after the cause of action arose.
• h. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to this subject matter, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.