Terms of Use - OurCompassion


Terms of Use - OurCompassion

OurCompassion - Compassion International

(Opt-In) Terms of Use

Date of Last Revision: 26 March, 2009

Welcome to OurCompassion, an online community developed by Compassion International and its Global Partners, which seeks to empower our supporters for the sake of the children. By accessing or using OurCompassion's Site at www.ourcompassion.org, you signify that you have read the following Terms of Use and accept and agree to be bound by them, whether or not you create an account on OurCompassion. Compassion International reserves the right, at our sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice. If we do this, we will post the changes to the 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 OurCompassion after any such changes constitutes your acceptance of the updated Agreement. 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) OurCompassion. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use.

Eligibility

You must be 13 years or older to create an account on OurCompassion. By creating an account on OurCompassion, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with the Terms of Use. Compassion International does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to create an account. If you are under 13, please do not attempt to create an account on OurCompassion or send any information about yourself to Compassion International, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on OurCompassion. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact your Compassion office using the links on this page: http://www.compassion.com/offices/default.htm .

Children Between the Ages of 13 and 18

We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

Registration Data

You should provide true, accurate and complete registration information to be an OurCompassion account holder, and also maintain the accuracy of this information. As part of the account creation process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Data Transfer and Disclosure

It is Compassion International's policy to ensure that Personal Data is not used or disclosed except as necessary to provide requested goods and services, to protect the confidentiality or security of Personal Data or as otherwise permitted by law. Compassion International does not rent, sell, or share Personal Data with other companies. However, in those situations where Compassion International retains third parties to perform processing tasks or, transfers data to any of its Global Partners, Compassion requires that these groups comply with the National Privacy Principles contained in the Privacy Act of 1988; or enter into a written agreement with Compassion International requiring the party to provide an equivalent level of protection as provided by Compassion International.

Access

A Data Subject will be provided access to his/her Personal Data. Personal Data relating to the Data Subject can be easily corrected, amended, or deleted. This right only applies to Personal Data relating to the Data Subject making the request and is subject to other limitations as defined by law.

Individuals should direct such requests to:

Compassion International

Attn: International Partner Development

12290 Voyager Parkway

Colorado Springs, CO

80921 USA

Or your local Compassion Office

http://www.compassion.com/offices/default.htm

In order to confirm the identity of the Data Subject and have the necessary information to retrieve

the Data Subject's information, Compassion International may request additional information to process the request.

Security

It is the policy of Compassion International to ensure that appropriate physical, technical, and administrative controls are in place to safeguard against the unauthorized disclosure of Personal Data. Compassion International limits access to Personal Data to those persons in Compassion International's organization that have a specific business purpose for accessing such Personal Data. The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using Secure Socket Layer (SSL) technology or another similar technology.

Data Integrity

Compassion International takes reasonable steps to ensure the Personal Data is reliable, accurate, and complete. The steps Compassion International takes to ensure data integrity are made in light of the purposes for which the Personal Data is used. It is the policy of Compassion International to ensure that all Personal Data is maintained only as long as necessary or as otherwise permitted by law.

Proprietary Rights in Content on OurCompassion

i. Compassion International does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials (collectively, 'Content') that you post on or through the OurCompassion services. After posting your Content to OurCompassion, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ('posting') any Content on or through OurCompassion, you hereby grant to Compassion International a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through OurCompassion, including without limitation distribution part or all of OurCompassion in any media formats and through any media channels, except Content marked 'private' will not be distributed outside OurCompassion. This limited license does not grant Compassion International the right to sell or otherwise distribute your Content outside OurCompassion. After you remove your Content from OurCompassion we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

ii. The license you grant to Compassion International is non-exclusive (meaning you are free to license your Content to anyone else in addition to Compassion International), fully-paid and royalty-free (meaning that Compassion International is not required to pay you for the use on OurCompassion of the Content that you post), sub-licensable (so that Compassion International is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide OurCompassion), and worldwide (because the Internet and OurCompassion are global in reach).

iii. You represent, warrant and covenant that: (i) you own the Content posted by you on or through Compassion International or otherwise have the right to grant the license set forth in this Section (Proprietary Rights in Content on OurCompassion), and (ii) the posting of your Content on or through OurCompassion does not violate any applicable laws, including but not limited to the privacy rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or

entity by reason of any Content posted by you on or through OurCompassion.

iv. OurCompassion contains Content of Compassion International. Compassion International's Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and Compassion International owns and retains all rights in Compassion International's Content and OurCompassion services. Compassion International hereby grants you a limited, revocable, nonsublicensable license to reproduce and display OurCompassion's content (excluding any software code) solely for your personal use in connection with viewing OurCompassion website and using OurCompassion.

v. Compassion International performs technical functions necessary to offer OurCompassion, including but not limited to transcoding and/or reformatting Content to allow its use throughout OurCompassion.

Content Posted

Compassion International may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Compassion International violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Compassion International assumes no responsibility for monitoring OurCompassion for inappropriate Content or conduct. If at any time Compassion International chooses, in its sole discretion, to monitor OurCompassion, Compassion International nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Content / Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on or through OurCompassion services. OurCompassion reserves the right to investigate and take appropriate legal action against anyone who, in Compassion International's sole discretion, violates this provision, including without limitation, removing the offending Content from OurCompassion and terminating the Account(s) of such violator(s). Prohibited Content includes, but is not limited to Content that, in the sole discretion of Compassion International:

i. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii. Harasses or advocates harassment of another person

iii. Exploits people in a sexual or violent manner

iv. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

v. Solicits personal information from anyone under 18

vi. Publicly posts information that poses or creates a privacy or security risk to any person

vii. Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

ix. Involves the transmission of 'junk mail,' chain letters,' or unsolicited mass mailing, instant messaging, 'spimming,' or 'spamming'

x. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)

xi. Further or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

xii. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

xiii. Involves commercial activities and/or sales without prior written consent from OurCompassion such as contents, sweepstakes, barter, advertising, or pyramid schemes

xiv. Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or

xv. Promotes propaganda and/or symbols of organisations which are unconstitutional or illegal in your country.

The following are examples of the kind of activity that is illegal or prohibited on OurCompassion and through your use of OurCompassion. OurCompassion reserves the right to investigate and take appropriate legal action against anyone who, in Compassion International's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

xviii. Criminal or tortuous activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;

xix. Advertising to, or solicitation of, any Account holder to buy or sell any products or services through the unauthorized or impermissible use of OurCompassion. You may not transmit any chain letters or junk email to other Account holders. You may not transmit any chain letters or junk email to other Account holders. In order to protect our Account holders from such advertising or solicitation, Compassion International reserves the right to restrict the number of emails which an Account holder may send to other Account holders in any 24-hour period to a number which OurCompassion deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through OurCompassion, you acknowledge that you will have caused substantial harm to OurCompassion, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Compassion International USD$60 for each such unsolicited email or other unauthorized commercial communication you send through OurCompassion

xx. Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of OurCompassion.

xxi. Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network

xxii. Any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages

xxiii. Interfering with, disrupting, or creating an undue burden on Compassion International or the networks or services connected to Compassion International.

xxiv. Impersonating or attempting to impersonate another Account holder, person or entity

xxv. Using the account, username, or password of another Account holder at any time or disclosing your password to any third party or permitting any third party to access your account.

xxvi. Using any information obtained from OurCompassion in order to harass, abuse, or harm another person or entity, or attempting to do the same.

xxvii. Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the impermissible use of OurCompassion on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose.

xxviii. Using OurCompassion in a manner inconsistent with any and all applicable laws and regulations.

Sharing your Information with Third Parties

When you use OurCompassion, certain information you post or share with third parties (e.g. a friend or someone in your network), such as personal information, comments, messages, photos, videos or other information, may be shared with other users. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos or other items, this information may become publicly available.