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Terms of Use

Kiwanis International, Inc.

Effective November 14, 2012

These Terms of Use apply to the websites located at http://www.kiwanis.org/, http://www.kiwanis.us/, http://www.kiwanisone.org/, http://www.circlek.org/, http://www.keyclub.org/,http://www.key-leader.org/, http://www.key-leader.com/, http://www.keyleader.net/, http://www.buildersclub.org/, http://www.k-kids.org/, http://www.aktionclub.com/, http://www.bringupgrades.org/,http://www.kiwaniskids.org/, http://www.kkids.org/,http://www.terrifickids.org/, http://www.kiwanisnext.org/, http://www.kiwanisnext.com/, http://www.kiwanisinternational.org/, http://www.kiwanisinternational.com/, http://www.kiwanisinternational.net/, http://www.kiwanisuniversity.org/, http://www.kiwanisuniversity.com/, http://www.kuniversity.org/, http://www.kuniversity.com/, http://www.servingchildren.org/, http://www.servingchildren.com/, http://www.kiwanisclassic.com/, http://www.kiwanisclassic.org/,www.theeliminateproject.org, www.theeliminateproject.com, www.theeliminateproject.net, www.eliminateproject.org, www.eliminateproject.com, www.eliminateproject.net (collectively and individually referred to herein as the “Website”), which are operated by or for Kiwanis International, Inc. (collectively, “Kiwanis,” “we,” “our,” or “us”). Use of this Website and its services is offered to you only if you accept these Terms of Use. These Terms of Use set forth the legally binding terms for your use of the Website.

Please read the following Terms of Use carefully and save this document for future reference. If you do not agree with these Terms of Use, you should exit the Website immediately and you may not register as a user.

These Terms of Use set forth Kiwanis’ policy for acceptable use of the Website and for content that you may post on the Website, and describes your rights, obligations and restrictions regarding your use of the Website. In order to participate in certain services on the Website, you may have to download software or content and/or agree to additional terms and conditions.

Kiwanis may modify these Terms of Use from time to time and such modification shall be effective upon posting on the Website by Kiwanis. You agree to be bound to any changes to the Terms of Use when you use the Website after any such modification is posted. It is therefore important that you review the posted Terms of Use regularly to ensure you are updated as to any changes.

ELIGIBILITY
Children under the age of 13 are not authorized to use the Website or to post any content or messages. If, in the future, we decide to direct the Website to children under 13, we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent.

Kiwanis reserves the right, at all times, to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion.

GENERAL USE
The Website is only for private, informational and organizational purposes. The Website may be used only for lawful purposes. You agree not to use the Website for any unlawful or prohibited purpose. You agree not to use the Website for any commercial purposes other than purchasing items from the Kiwanis Store. Unauthorized use of the Website, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes is strictly prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Website.

Despite the best efforts of Kiwanis to provide accurate information, it is not possible to completely ensure that information on the Website is correct at all times. Kiwanis assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Website.

If you become aware of misuse of the Website by any person, please contact us directly at internet@kiwanis.org.

LICENSE TO USE
For the limited purpose of your use of the Website, Kiwanis grants you a limited, revocable, personal and non-transferable license to use the Website for private viewing and in accordance with these Terms of Use, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.

POSTINGS AND SUBMISSIONS
Kiwanis encourages an open exchange of information and ideas, and provides opportunities for you to share your personal Kiwanis stories through a number of outlets, including blog commenting or story submission. Some of these opportunities are only available to Kiwanis members, while others are open to the general public. Please carefully review any instructions or additional terms for each social networking option. Also, please remember that children under the age of 13 are not permitted to submit any content to the Website.

Please carefully consider the information you post or submit to the Website, and the information that you provide to other users through the Website. All submissions and postings must be original works by you. For example, do not post photographs taken by third parties or stories or articles written by third parties, unless you have their prior written permission. For all of your submissions and postings (“Your Content”), you grant to Kiwanis, its affiliated companies and necessary sublicensees, a non-exclusive, royalty-free, transferable, perpetual license to use and publish Your Content throughout the world in any manner or medium (“License”). The License includes the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content, and to publish your name in connection with it. You will receive no compensation for this License.

You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the License set forth in this section, and (ii) the use or posting of Your Content on the Website or in any other medium does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party. You hereby agree to pay any and all royalties, fees, damages or any other penalties payable to any third party as a result of Your Content on the Website.

We reserve the right, in our sole discretion, to review, modify, reject, or remove Your Content, or to suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. However, Kiwanis is under no obligation to monitor the content of the Website and assumes no responsibility for any inappropriate content or conduct that is posted or occurs on the Website.

If you become aware of misuse of the Website by any person, please contact us directly at internet@kiwanis.org.

PROHIBITED CONTENT
The following are examples of materials that must not be included in Your Content. The following materials are either illegal or prohibited by Kiwanis for purposes of posting on the Website. We reserve the right (but are not obligated) to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, by submitting or posting any of the following:
  • material that is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • material that threatens, harasses or advocates harassment of another person;
  • material that exploits people in a sexual or violent manner;
  • material that contains nudity, violence, or offensive subject matter or contains a link to an adult Website;
  • material that includes a photograph of another person that you have posted without that person's consent;
  • material that solicits personal information from anyone under the age of 18;
  • material that provides any telephone numbers, street addresses, personal or business email addresses, or last names;
  • material that contains information that you know is false or misleading or material that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • material that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music, movies or computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
  • material that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • material that furthers 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.

Although we prohibit the aforementioned materials, Kiwanis cannot guarantee that submissions by other Website users will not contain inappropriate or offensive material, or inaccurate information, and Kiwanis assumes no responsibility for this material. We do not control or endorse any content posted on the Website by third parties and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Website.

USERNAMES AND PASSWORDS
To access certain portions of the Website, you may be asked to set a username and password. You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for any and all use of your account. You should not disclose your password to any third party, and Kiwanis disclaims any liability relating to your disclosure of your password. You agree to notify Kiwanis immediately if you suspect any unauthorized use of your account or access to your password. You agree not to use the account information, username, or password of any other user at any time.

INTELLECTUAL PROPERTY
All site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Website are the property of Kiwanis or its licensors or suppliers, and are protected by U.S. and international intellectual property laws, including, but not limited to, copyright. The word KIWANIS and the various Kiwanis logos are all trademarks of Kiwanis International, Inc. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Kiwanis or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Kiwanis to terminate access to any user of the Website who repeatedly infringes the copyright rights of others, upon receipt of proper notification to Kiwanis by the copyright owner or the copyright owner's legal agent.

All other trademarks and logos are the property of their respective owners and are reproduced with permission .

If you believe that your proprietary work has been copied and/or posted on the Website in a way that constitutes copyright infringement, please contact our Copyright Agent at internet@kiwanis.org (or by regular mail at 3636 Woodview Trace, Indianapolis, Indiana 46268), with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Website;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

LINKS
Any links to third party websites that are posted on the Website by users are not under the control of Kiwanis, and we are not responsible for their contents or any other links within them. We are not responsible for transmissions you receive from third party websites or for their failure to work properly. Any links on the Website are provided only as a convenience, and Kiwanis does not endorse any third party Websites, unless otherwise provided. You are solely responsible for abiding by the terms of use of any third party website.

MODIFICATIONS TO SITE AND SERVICES
Kiwanis reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, the Website (or any part thereof) or any of its products or services, with or without notice. You agree that Kiwanis shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of the Website or any of its products or services.

GENERAL DISCLAIMER
Kiwanis is not responsible for any incorrect or inaccurate submissions or postings on the Website, whether caused by users of the Website or by any of the equipment or programming used in or associated with the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Kiwanis is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

Kiwanis is not responsible for the postings or conduct, whether online or offline, of any user of the Website. Under no circumstances shall Kiwanis be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, attendance at a Kiwanis-sponsored event, or from any postings or submissions on or through the Website.

The Website and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that Kiwanis DOES NOT WARRANT that the Website is fit for any particular purpose, that the Kiwanis-posted content of the Website is non-infringing; that the services available via the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses or other harmful components, or that the information and content of the Website are accurate, error-free or reliable. You acknowledge that Kiwanis and its affiliates, together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

LIMITATION OF LIABILITY
You acknowledge that Kiwanis is not liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Website. This limitation applies to all potential claims, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

INDEMNIFICATION
You hereby agree to indemnify and hold Kiwanis, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any of Your Content causes Kiwanis to be liable to another.

GENERAL
Your access to the Website is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud, and intellectual property. These Terms of Use and our relationship are governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Website. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph. No joint venture, employment, or other legal relationship exists between you and Kiwanis as a result of these Terms or Use or your use of the Website. If any of these terms are held invalid or unenforceable, then they will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. Unless otherwise specified and acknowledged by us in these terms, this is the entire agreement between you and Kiwanis with respect to the Website. These Terms of Use supersede all prior or contemporaneous communications between you and Kiwanis concerning any matters set forth herein. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents originally in printed form.

Please contact us at internet@kiwanis.org with any questions regarding these Terms of Use.

BY USING THIS SITE, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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