Terms of Use

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These Terms of Use ("Terms of Use") apply to the Bkean websites located at www.bkean.org and, software, platforms, mobile applications, social media profiles/accounts, content, products, and services branded Bkean Foundation, Bkean, Bkean Foundation for the Abatement of Poverty in Africa, or another brand owned by Bkean Foundation, and any language versions thereof (collectively "the Services"). The Services, excluding the integrated products (defined below), are owned by Bkean Foundation ("Bkean," "us," or "we"). Access to and use of the Services is subject to these Terms of Use and all applicable laws. These Terms of Use govern your use and posting on Bkean's social media pages/profiles.

Please read these Terms of Use and any supplemental terms (defined below) carefully before using the Services. By accessing, using, registering for, or posting any content on the Services, you ("you," "your," "User," or "Users") accept and agree to these Terms of Use and any supplemental terms. If these Terms of Use are not acceptable to you, do not use or access the Services. You must be 16 years of age or older to use the Services. Your use of the Services is also governed by Bkean Foundation’s Privacy Policy.

Terms / Agreement

These Terms of Use are a contract between you and Bkean Foundation, an Illinois not-for-profit corporation, and its affiliates.

These Terms of Use govern the Services generally. More specific and/or supplemental terms and agreements may apply to certain products, services, software, platforms, and applications ("supplemental terms"). These supplemental terms are in addition to these Terms of Use. If there is a conflict between these Terms of Use and any supplemental terms, the supplemental terms will control.

Bkean may change, add, modify, or remove portions of these Terms of Use at any time and the new or updated Terms of Use will become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Services. By using the Services, you agree to any changes in the Terms of Use and the supplemental terms.

Bkean may change, suspend, interrupt, terminate operation or access to, or discontinue the Services or any portion of the Services at any time, without notice. Bkean may also impose limits on the Services or restrict your access to the Services or parts thereof without notice or liability.

Accounts

You may be required to set up an account to use the Services. All information you provide must be accurate, current, and complete. You agree not to misrepresent yourself or provide false information, including for a parent/guardian. You are fully responsible for use of your account and any actions or activities that take place using your account. Any transmission of personal data is at your own risk. You are responsible for maintaining the confidentiality of the information associated with your account, including any passwords. Notify Bkean immediately of any unauthorized use of your account or password. See Bkean Foundation’s Privacy Policy for more information.

Any violation of these Terms of Use, including, but not limited to, your fraudulent, abusive, or illegal activity on the Services may be grounds for termination of your account or access to the Services. Bkean Foundation reserves the right to verify the accuracy of the information provided and terminate accounts, in its sole discretion.

You consent to receive notices, including agreements and other communications electronically from Bkean at the email address you have provided when setting up an account. These electronic notices satisfy any legal requirements that such communications be in writing. If you communicate with Bkean via text or access the Services through a mobile device or mobile network, standard text/messaging, calling, data and other rates may apply.

Not all Services may be available through your device or network provider.

Privacy Policy

Bkean is committed to protecting your privacy. Bkean Foundation’s Privacy Policy applies to use of the Services, and its terms are incorporated into these Terms of Use by reference. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Services will be used by Bkean Foundation in accordance with Bkean Foundation’s Privacy Policy.

Third-party Services and Apps

The Services may contain links to third party websites, products, and services. Links are provided as a convenience and linking does not indicate Bkean's endorsement, sponsorship of, or affiliation with the third party or its products and services.

The Services may integrate, be integrated into, or be provided in connection with websites, software, services, applications, platforms, and/or content owned by third parties ("integrated products"). You may be required to create an account for and login to these integrated products. 

Please read the terms of use agreements and privacy policies that apply to these integrated products. Bkean Foundation has no control over, makes no representations or warranties about and accepts no responsibility for the security, legality, quality, availability, reliability, accuracy or content of the integrated products and any other third-party website, products or services.

Bkean Foundation makes mobile applications ("apps") available for your use. When using these apps, you may grant Bkean, the third-party app owner and other members permission to access certain personal data and other location information; review the apps permission settings. By downloading, installing, or using these apps, you agree to receive automatic software updates (as applicable).

Copyright Ownership

The Services, including, but not limited to, information, text, articles, graphics, public service announcements/ campaigns, illustrations, artwork, photographs, images, audio, videos, recordings, software, databases, code, trademarks, logos, promotions, and other website content published or displayed on the Services are owned by Bkean Foundation or Bkean Foundation’s licensors. The Services are legally protected, without limitation, by the copyright, trademark, and other laws relating to the protection of intellectual property of the United States and foreign laws. Bkean Foundation is, also, the owner of the compilation of the websites located at www.bkean.org.

Trademark Ownership

Many of the names, titles, trademarks, service marks, word marks, slogans, taglines, and logos (collectively "trademarks") that appear on the Services are registered or common law (unregistered) trademarks owned by Bkean Foundation or third parties. You may not use Bkean Foundation's trademarks or any other trademarks appearing on the Services without prior written permission. Nothing on the Services or in these Terms of Use shall be construed as granting any license to use any trademarks.

If you would like to sell or give-away merchandise, with any of Bkean Foundation’s trademarks, please contact policy@bkean.org. 

Licenses and Restrictions

Bkean Foundation grants you a limited, non-exclusive, non-transferable license to access and use certain software, platforms, and applications on the Services for your personal, non-commercial use only and only in accordance with these Terms of Use or the supplemental terms or other terms of agreement that apply to those Services.

Some of the content on the Services is not owned by Bkean and shall not be downloaded, used, displayed, printed, reproduced, distributed, downloaded, or shared publicly, by any Users including club members. Contact the content owner directly if you would like to use their content.

Users have no right to use, copy, display, reproduce, distribute, download, transmit, transform, create derivative works of, or make publicly available the Services unless otherwise stated below. Contact policy@bkean.org to request permission to use photography, film, video, recordings and other content owned by Bkean Foundation in your website, publication or project materials.

User Content

The Services include interactive features, platforms, applications, and services in which you can post or submit messages, comments, materials, photos, videos, audio, personal information, service opportunities, etc. (collectively, "User Content"). By posting or submitting User Content on the Services and/or any integrated products, be aware that your User Content may be seen and used by others. You represent and warrant that you own the User Content you post on the Services and are responsible for such User Content.

By accessing or using the Services and/or posting User Content you represent and warrant that: 

 1) your postings will be consistent with these Terms of Use and do not violate these Terms of Use;

 2) you own all of the rights to User Content that you post or share to the Services; 

3) your User Content does not violate or infringe upon the rights of any third party, including, but not limited to, copyright, trademark, privacy, publicity, or other personal or proprietary rights; 

4) your User Content will not cause injury to any person or entity and does not contain defamatory or otherwise unlawful material; and 

5) you will only post images, videos or recordings of individuals with the explicit written consent of the subject (or the parent or legal guardian of a subject under 18 years of age or who lacks legal capacity).

You authorize Bkean Foundation to use your name, likeness, and any other personal or biographical data or information you share on the Services or in your User Content in connection with your User Content; see Bkean Foundation’s Privacy Policy.

Bkean welcomes your feedback, but please do not submit any unsolicited ideas, suggestions, original creative works or propriety information (collectively "ideas") in any form on the Site Services. If you do submit ideas, the following terms shall apply to your submissions: 

1) Bkean is not under any obligation of confidentiality, express or implied and no confidential or fiduciary relationship is intended or created; 

2) Bkean may have similar ideas already under consideration or in development; and 

3) you grant Bkean a worldwide, transferable license to use or exploit your ideas without limitation or any compensation, reimbursement or attribution to you.

The information and opinions expressed in the User Content are not those of Bkean Foundation or its affiliates or subsidiaries. Bkean Foundation is not responsible or liable for any misuse or misappropriation of your User Content or ideas. Bkean Foundation is not responsible for and assumes no liability for User Content or from any failure or delay in removing any User Content.

Usage Rules

You understand that the Services are for your personal, non-commercial use and intended for informational purposes only. The Services do not constitute legal, financial, professional, tax, medical or healthcare advice and cannot be used for such purposes.

Bkean Foundation celebrates diversity. Bkean seeks to foster a positive, welcoming, equitable, inclusive and safe environment on its Services and at its events. Your use of the Services and posting of User Content is subject to the following terms:

• Responsibility. Stay on topic. You are solely responsible for the content you post or submit and use the Services at your own risk. Be an ally and advocate for others when you see a need.

•  Respect Intellectual Property. Only post content that you own or created. You shall not post any content that infringes the copyright, trademark or other intellectual property rights of others;

• Privacy. Do not post photographs, images or videos of other people without their written consent, or the written consent of the parent or legal guardian of any minors (i.e., under 18 years of age) or individuals who lack legal capacity. Do not post the names or contact or private information of others. Do not collect contact information of other Users or individuals referenced in the Services;

• Respect Others. Express yourself in ways that unite. Use respectful language. Bkean has zero-tolerance for any form of harassment. Do not post any content that is off-topic, illegal, abusive, threatening, harassing, discriminatory, degrading, intimidating, offensive, insensitive, hateful, cruel, derogatory, false, sexually explicit, pornographic or interferes with, silences or excludes another individual's use of  the Services. Personal attacks will not be tolerated;

• Stay on Topic. Only post content that is relevant and on-topic;

• No Solicitations. Do not post commercial content, advertising, marketing solicitations, job offers, product announcements or solicitations for services; and

• Malware. Do not tamper with, impair or damage the Services or introduce or post content that contains viruses, harmful files, malicious scripts, or files, materials or code intended to harm, damage, create an adverse impact on, or interfere with the Services or Bkean’s networks, servers or databases.

You understand that Bkean Foundation has the right but not the obligation to monitor the Services or monitor, edit or remove any User Content. Bkean assumes no responsibility or liability for User Content or any other content on the Services, or from any failure or delay in removing any such content.

Bkean Foudation reserves the right to delete, remove, modify, refuse or block any content or User Content without notice or your permission for any reason. Any use of the Services or posting of User Content in violation of the terms set forth in this Section or these Terms of Use may result, among other actions, in termination or suspension of your account.

Contests and Promotions

Bkean Foundation may conduct promotions on or through the Services, including, without limitation, contests and promotions (collectively "Promotions"). Promotions may have additional terms and rules that will be posted on the Services or otherwise made available. You agree to abide by such terms and rules, including representing that you are of a sufficient legal age to participate in any Promotions.

Transactions and e-Commerce

Additional terms and conditions may apply to purchases of products or services, event registrations and donations. The inclusion of any products or services or event registration on the Services does not imply or warrant that such products or services will be available or the event will take place. If you wish to purchase a product or service, register for an event or make a donation, you acknowledge and agree that Bkean Foundation may provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you, subject to Bkean Foundation’s Privacy Policy. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with your transaction. Bkean Foundation shall not be responsible or liable for any third-party payment processing, including any related fees or costs.

Disclaimer of Warranties and Limitations of Liability

BKEAN FOUNDATION DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PROVIDE SPECIFIC RESULTS. BKEAN DOES NOT WARRANT THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED, SECURE, OR ERROR-FREE ACCESS TO THE SERVICES, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL BE AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF THE SERVICES AND ANY INTEGRATED PRODUCTS IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT, INFORMATION, PRODUCTS (INCLUDING SOFTWARE), MATERIALS AND SERVICES MADE AVAILABLE TO YOU ON THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. BKEAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THAT THE CONTENT, INFORMATION, PRODUCTS, MATERIALS OR SERVICES INCLUDED ON OR MADE AVAILABLE ON OR THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY LAW, BKEAN HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BKEAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF DATA, DATA USE, BUSINESS, REVENUE, INCOME, CONTRIBUTIONS, PROFITS, BUSINESS INTERRUPTION, OR THE LIKE, GOODWILL OR REPUTATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT BKEAN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING AND YOUR USE OF THE SERVICES RESTS ENTIRELY WITH YOU.

Disputes

Your sole and exclusive remedy for any claims or any dispute with Bkean Foundation is to discontinue using the Services. Some jurisdictions may not allow limitations on liability, and in such case, any dispute or claim relating in any way to your use of the Services, or to any products or services sold to you or donations you made through the Services, will be governed under the laws of the State of Illinois, without regard to its conflict of laws provisions and resolved by the state courts sitting in Naperville, Illinois, or the federal courts in the Northern District of Illinois, which will have exclusive jurisdiction. Any claims under these Terms of Use must be brought within one (1) year after the cause or action arises, or such claim or cause of action is barred unless not permitted by law.

Indemnification

As a condition of your use of the Services and any integrated products and posting or submitting User Content, you agree to defend, indemnify, and hold harmless Bkean Foundation, including their respective directors, trustees, officers, employees, agents, contractors, and representatives ("Bkean Indemnitees") from and against all claims (including claims of trademark and copyright infringement, defamation and violation of privacy or publicity rights), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys' fees and other legal expenses), awards, fines, and judgments asserted against or recovered from Bkean Indemnitees due to, arising out of or in connection with your use of the Services, any User Content you post or submit, your breach of these Terms of Use, any supplemental terms, terms incorporated herein and your representations and warranties, and any omission, negligence, misconduct, or unlawful act (or act contrary to any governmental order or regulation) of or by you in complying with these Terms of Use. Bkean Foundation shall not be liable in any way for injuries to Users related to use of the Services, including, but not limited to, personal injury, damages to or corruption of personal property, virus transmission, data or identity theft, theft of ideas, and/or injuries caused to you by other Users using the Services.

International Users

The Services are controlled, operated, and administered by Bkean Foundation from its headquarters within the United States. You may not use the Services or export the Services in violation of U.S. export laws and regulations. If you access the Services from a location outside the United States, you are responsible for compliance with all applicable laws, and may only use the Services according to the minimum age requirements set forth by your applicable law. Although the Services are accessible worldwide, Bkean Foundation makes no claim that the Services may be accessed, used, or downloaded outside the United States or are appropriate for use or legal outside the United States. If the Services are available outside the United States, your access and use of, posting or submissions to, participation in any promotion on, and any donation or payment on the Services is at your own risk. 

Copyright and Trademark Complaints

Bkean Foundation respects the intellectual property rights of others and will take action against infringers, which may include terminating a User’s account. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Bkean Foundation has adopted a policy of responding to claims that User Content infringes intellectual property rights. If you wish to file a complaint for intellectual property infringement or submit a counter-notice, please send your correspondence to policy@bkean.org.

Written complaints concerning copyright infringement must include:

• The full legal name of the owner of the copyrighted work and the name and email address of the complaining party;

• Description(s) of the copyrighted work(s) that you claim have been infringed;

• Identification of the material claimed to be infringing and description of the location of such material on the Services;

• A statement that the complaining party has a good faith belief that use of the material in dispute is not authorized by the copyright owner, its agent or the law (fair use); and that you declare that the information in your notice is accurate, under penalty of perjury, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner’s behalf.

General

These Terms of Use contain the complete agreement between you and Bkean with respect to your use of the Services, integrated products, and Bkean's social media pages/profiles and supersede all prior or contemporaneous agreements or understandings, whether oral or written, with respect to the Services, unless otherwise stated in any other supplemental terms or terms or agreements incorporated herein. You will not transfer, sublicense, or assign, any of your rights or obligations under these Terms of Use to anyone else without Bkean's consent. Any failure or delay of Bkean to enforce or exercise any term or its rights under these Terms of Use shall not be construed as a waiver of those rights or provisions or a breach of these Terms of Use by Bkean. A waiver by Bkean of any terms of the Terms of Use in any one instance shall not be deemed to be a waiver of any terms in the future. If any term of these Terms of Use shall be held invalid, unenforceable, or illegal, the remaining terms of the Terms of Use will remain valid, legal, and enforceable. Any amendment to or waiver of these Terms of Use must be made in writing and signed by Bkean. Bkean Foundation reserves all rights not expressly granted to you.

In the event of termination of your use of the Services for any reason, you agree that the following provisions of these Terms of Use will survive: 

Terms/Agreement, Copyright Ownership, Trademark Ownership, Licenses and Representations and Warranties, Disclaimers of Warranties and Limitations of Liability, Disputes, Indemnification, and Copyright and Trademark Complaints. 

If Bkean does take legal action against you as a result of your violation of these Terms of Use, Bkean will be entitled to recover from you all reasonable fees and costs of such action, in addition to any other relief Bkean Foundation may have at law or in equity.

If any questions arise about the meaning or interpretation of a language version of these Terms of Use, the English-language version of these Terms of Use is the official text.