Terms and Conditions
TERMS & CONDITIONS
1. Terms & Conditions of Use. Thank you for visiting the official Website of Sunela Giving LLC (“SG,” “we,” or “our”) and we appreciate your interest in our charitable endeavors and purpose. By visiting, navigating, or otherwise using SG’s Website located at www.sunelagiving.org” (the “Website”), including browsing our stories, products, subscribing to our Website, or otherwise interacting with the Website, you agree to comply with the following Terms & Conditions of use. SG reserves the right to amend and revise these Terms & Conditions from time to time at SG’s sole discretion.
2. No Warranty. Please note that the content on this Website in its entirety is being provided “AS IS” and without any warranty of any kind, including, without limitation, warranties of merchantability or fitness for any particular purpose.
3. Links To Other Sites. In the event you click on, or use, any external link appearing on the Website, including links to vendors, affiliates, or others, you understand that you will be redirected away from the Website. These links are provided solely for convenience and SG is not responsible for the content or policies of any linked website. Since the external website’s policies may differ from SG’s Website policies (both terms of use and privacy policies), users are encouraged to review the third-party website’s policies. SG is not responsible for any aspect of any third-party website’s terms, conditions, or policies.
4. Donations. To submit or make a charitable donation in support of SG’s charitable endeavors, you will be redirected to the external link of SG’s charitable donation partner, GVNGorg, which is a registered 501(c)(3) tax-exempt organization (ID 81-2446261) and a California nonprofit public benefit corporation with a website located at www.GVNG.com (herein “GVNG”). GVNG is solely responsible for the processing of your charitable donation and processing of your donations are governed by both GVNG’s terms and conditions of use, as well as GVNG’s privacy policy. Both policies are available for review on GVNG’s website and you are encouraged to review both policies in connection with your charitable donations. SG shall not be responsible or liable for any issue, dispute, error, omission, or any other aspect of the processing, obtaining, charging, or debiting of your charitable donation.
5. Copyright And Trademark Notice. Unless otherwise specified by SG, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement of the Website, are the sole property of SG and protected by intellectual property laws both in the United States and abroad. You may use the content of the Website only for the purpose of transacting on the Website and for no other purpose. No images or other materials appearing on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission from SG. SG reserves all rights not expressly granted herein. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
6. Intellectual Property Policy and Reporting. SG respects the intellectual property rights
of others and takes claims of copyright and trademark infringement seriously. SG will respond to notices of alleged infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright or trademark, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright and Trademark Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice for copyrights (the “DMCA Notice”) must include substantially the following and the same information should be provided with respect to content that may infringe on trademark rights of others:
a) Your physical or electronic signature;
b) Identification of the copyrighted work (or trademark) you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
d) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
e) A statement that you have a good faith belief that use of the copyrighted material (or trademark) is not authorized by the copyright/trademark owner, its agent, or the law;
f) A statement that the information in the written notice is accurate;
g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright/trademark owner.
Our designated Copyright/Trademark Agent to receive Notices is:
Albert J. Soler, Esq.
Soler Legal LLC
76 E. Euclid Ave.
Suite 101
Haddonfield, NJ 08033
asoler@solerlegal.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
7. Privacy. SG strives to maintain any personal information collected from you while visiting the Website as secure as possible. When you interact with the Website, you may be asked to provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders (where applicable), to keep you updated on your orders and provide an enjoyable user experience. You may unsubscribe from our newsletters or mailing list by following the unsubscribe instructions in any email you receive from us. You may unsubscribe from any news or mailing list by following the unsubscribe instructions in any email received. A complete copy of SG’s Privacy Policy is available for review by clicking on the “Privacy Policy” link available on our Website.
8. SG Community and Forum. The Website may offer users the opportunity to exchange
communications and thoughts via a Website and Community Forum (the “Forum”). Please be advised that the content of such “Forum,” should such Forum be offered by SG on the Website, may including text, graphics, images, information, users’ comments and information, and any other content appearing on the Website or Forum. All such submissions, comments, or interactions are for informational and or entertainment purposes only.
9. No Offensive Conduct or Inappropriate Images. User of the Forum, to the extent such Forum exists, is public and the information you disseminate is public. SG expects all users of the Website or Forum to conduct themselves respectfully and to refrain from offensive or inappropriate behavior. SG reserves the right to block or permanently ban any user engaging in any type of offensive behavior, including the use of offensive language or offensive comments toward a fellow member. SG reserves the right to immediately remove or delete any post, comment, photo, upload, or any user submissions which SG deems offensive, including offensive images, pornography, sexually explicit material, hateful comments, or any other content which may give rise to any civil or criminal liability under applicable laws.
10. User Submissions. By using the Website or Forum, you agree that you will not send, transmit, upload any content, images, or communications that infringe or violate any rights whatsoever of any third party. By uploading, commenting, or submitting information to the Website or Forum, you agree that such submission and content is non-confidential and appropriate for public consumption. Any submission involving user business information, ideas, concepts, inventions, or any other type of user submission is non-confidential for all purposes. If you wish to keep any business information, idea, invention, or concepts private or proprietary, do not submit them to the public on the Website or Forum.
By uploading media such as photo or video, you (i) grant SG a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, (ii) certify that any person pictured in the media (or if a minor his/her parent or guardian) authorizes SG to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, and (iii) you agree to indemnify SG and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees arise from the submission of such media and/or your failure to comply with these Terms and Conditions. SG may remove and/or delete any user submissions at any time and without notice. The Forum is a public area and you are solely responsible for your own communications, uploads, and other submissions. As such, you are responsible for the consequences of your actions and your participation on the Forum. SG are not responsible in any manner for the consequences of any communications you submit in the Forum.
11. No Advertisements or Solicitations. You may not use the Forum to place unauthorized advertisements and/or solicitations of any kind. If you are interested in advertising or collaborating with SG, please contact us.
12. Indemnity & Release.
BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SG, ITS DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIM, ACTIONS, OR DEMANDS, LIABILITIES, AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IF YOU HAVE A DISPUTE WITH ANY OTHER FORUM USER(S), YOU RELEASE SG (AND OUR AFFILIATES, THIRD PARTY SITES, OFFICERS, DIRECTORS, EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND ARISING FROM OR CONNECTED WITH SUCH DISPUTE.
13. Governing Law. Any issue or dispute arising from the use of this Website shall be governed by the laws of the State of California and any dispute, case, controversy, or issue related to these Terms & Conditions shall be brought solely in Los Angeles, California.