Terms of Use

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The dayofprayerandaction.org website (the “Website”) is a service offered by Day of Prayer and Action for Children Secretariat (“DOPAA”), an organization funded by Arigatou International and guided by the Global Planning Committee. This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website whether accessed via the internet, wirelessly or through any other method.  You accept this Agreement by using the Website or accessing any content available through the Website (the “Content”).

DOPAA may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes.  For your convenience, the date of last revision is included at the top of this page.  Changes to this Agreement will not be applied retroactively. DOPAA may make changes to the Website and/or the services described on the Website at any time.  You understand that DOPAA may discontinue or restrict your use of the Website for any reason or no reason with or without notice.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE OR THE CONTENT.

PROPRIETARY RIGHTS

The Website and the Content are the sole and exclusive property of DOPAA and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by DOPAA in writing.

PERMITTED USES

DOPAA invites you to view and use a single copy of the Website and the Content for your personal, non-commercial use; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by DOPAA in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content.

ADDITIONAL RESTRICTIONS

You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.

ABOUT THE INFORMATION ON THIS SITE

The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis.   You are encouraged to confirm the information contained herein.  You should not construe DOPAA’s publication of the Website as a warranty or guarantee of the quality or availability of any goods or services.

COMMUNICATIONS WITH THIRD PARTIES

Your dealings or communications through the Website with any party other than DOPAA are solely between you and that third party. Under no circumstances will DOPAA be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

ELIGIBILITY

By using the Website, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.

LINKS TO OTHER SITES

The Website may contain links to websites operated by other parties.  DOPAA provides these links to other websites as a convenience, and use of these sites is at your own risk.  The linked sites are not under the control of DOPAA, and DOPAA is not responsible for the content available on the other sites.  Such links do not imply DOPAA’s endorsement of information or material on any other site and DOPAA disclaims all liability with regard to your access to and use of such linked Websites.

LINKS TO DAYOFPRAYERANDACTION.ORG

Unless otherwise set forth in a written agreement between you and DOPAA, you must adhere to DOPAA’s linking policy as follows:  (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with DOPAA’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with DOPAA, (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (iv) DOPAA reserves the right to revoke its consent to the link at any time and in its sole discretion.

TRADEMARKS

Unauthorized use of any DOPAA trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  DOPAA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

DOPAA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOPAA DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF DOPAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify, defend and hold DOPAA, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.

COPYRIGHT

The Website is protected by U.S. and international copyright laws.  Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without DOPAA’s express prior written permission.

LOCATION

The Website is operated by DOPAA from its offices in the United States.  Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

CHILDREN.  The Website is not directed toward children under 13 years of age nor does DOPAA knowingly collect information from children under 13.  If you are under 13, please do not submit any personally identifiable information to DOPAA.

PRIVACY POLICY

By agreeing to these terms, you acknowledge that DOPAA may collect, use and disclose your information as described in our Privacy Policy.

USER CONTENT

The Website enables its users to post content (hereinafter, “User Content”) that may be viewable by other Website users.  By posting, providing, or otherwise making available any User Content, you hereby grant to DOPAA a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form, and DOPAA may sublicense all or part of its rights under this license or assign them to third parties.  You waive all moral rights with respect to any User Content.  You also represent and warrant that: (i) you own the content posted by you on or through the DOPAA Website or otherwise have the right to grant the license set forth in this section; and (ii) your posting of the content on or through the DOPAA Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You acknowledge that DOPAA reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Website. Without limiting the foregoing, DOPAA shall have the right to remove any User Content that violates this Agreement, or is otherwise objectionable as determined in DOPAA’s sole and absolute discretion.  You acknowledge that DOPAA does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.   You are solely responsible for the content that you post on or through the DOPAA Website, and you agree that you will indemnify, defend, and hold harmless DOPAA and its affiliates for all claims resulting from content you supply.

ACCOUNT PASSWORD AND SECURITY  

The Website may contain some features that require registration.  If asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others.  You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify DOPAA of any unauthorized use of your password or account or any other breach of security.  DOPAA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

DISCLOSURE OF PERSONAL INFORMATION

Without limitation of any of the rights granted to DOPAA herein, you acknowledge and agree that DOPAA may preserve and disclose information about you, your account and transactions made through the Website if required to do so by law or if we believe that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or safety of DOPAA, any individual or the public.

CHOICE OF LAW/FORUM

This Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.  You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of New York, in the State of New York, to settle any dispute which may arise out of, under, or in connection with this Agreement.  YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  DOPAA’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive DOPAA’s right to act with respect to subsequent or similar failures.  These Terms of Use set forth the entire understanding and agreement between you and DOPAA with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any DOPAA user agreement(s) entered into by you.  Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.  You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of DOPAA, and any assignment or transfer in violation of this provision shall be null and void.  DOPAA reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.

CONTACT

Please direct any questions you may have about this Agreement or the Website to us via the email form here, writing to us at Arigatou International, 845 Third Avenue 6th Floor, New York, NY 10022, or calling us at 646-435-4871.

(Last updated on September 27, 2010)

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