Last Updated: October 30, 2018
Changes to Site Terms
Eluna reserves the right to modify these Terms at any time and in our sole discretion. If we make any changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the top of these Terms. Any modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review these Terms and applicable policies to understand the terms and conditions that apply to your access to and use of our Sites. If you do not agree to any modified terms, you must immediately stop using the Sites.
You may be able to submit online donations to us on the Sites using a payment portal. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your donation. You may also be able to establish recurring donations with us on the Sites using a payment portal. In the event you want to change or update payment information associated with your account, or you wish to cancel a recurring donation, you can do so at any time by calling Eluna's Philadelphia office at (267) 687-7724. By conducting online donations, including recurring donations, you agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
Eligibility, Account, and Communication Preferences
The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. By accessing or using the Sites, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or terminated from the Sites; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreements to which you are a party. If you are over 13 years of age, but are under 18 years of age, you will review these Terms with your parent or guardian and ensure they read and agree to them. If you are the parent or guardian of a user of our Sites and you have questions about the Sites or these Terms, please contact us at email@example.com.
In order to access and use certain areas or features of the Sites, you may be required to register for an online account. Some of these features are hosted by third party service providers, which may require you to register for an online account with such third parties. When registering for an account, either with us or a third party, you must agree to the applicable terms and conditions or you will not be able to use those restricted areas or features of the Sites. You must not create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.
In consideration of your use of the Sites, you will (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Eluna and others; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Sites. Eluna is not responsible for any misuse of your account or your account name.
By providing us with your contact information, you also consent to receive electronic communications from Eluna. These communications may include information about the communications you send us and are part of your relationship with us. Any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, all logos and designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Eluna or our licensors or users and are protected by U.S. and international copyright laws.
Eluna grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Sites and Site Materials, and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials, provided that you do not remove any proprietary notice language in any copies of such documents; however, such license is subject to these Terms and, except as permitted under applicable law, does not include (a) any resale or commercial use of the Sites or Site Materials without our express written consent; (b) the distribution, public performance, or display of any of the Site Materials; (c) the modification or derivative use of the Sites or Site Materials, or any portion thereof; (d) the use of any data mining, robots or similar data gathering or extraction methods; (e) the download (other than the page caching) of any portion of the Sites, Site Materials or any information contained therein, except as expressly permitted on the Sites; and (f) the use of the sites or Site Materials other than for their intended purposes.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by Eluna, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Eluna®, Camp Erin®, Camp Mariposa®, Eluna Resource Center logo, Camp Erin and Camp Mariposa logos and any other product or service names, trademarks or slogans contained in the Sites are trademarks of Eluna, or our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eluna or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Eluna" or any other name, trademark or product or service name of Eluna without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Eluna and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, company names, logos or slogans mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Eluna grants you a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Eluna, Camp Erin, Camp Mariposa or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any logo or other proprietary graphic of Eluna or our licensors to link to the Sites without our express written permission. Further, you may not frame or utilize framing techniques to enclose Eluna's trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Eluna or any third party. Eluna makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Eluna, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering and protection practices, of any site to which you navigate from the Sites.
Third Party Content
Eluna may provide third party content on the Sites and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. Additionally, Eluna may use third party hosting services to display its content to users on a Hosted Site, and Third Party Content may be available or displayed in connection with such Hosted Site. Eluna does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding Third Party Content, including without limitation regarding its accuracy or completeness. To the maximum extent permitted by applicable law, Eluna is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. If you decide to use such Third Party Content or access a third party website through the Sites, you do so at your own risk.
User Content and Interactive Areas
The Sites may include interactive features and areas ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, or other areas or services that allow users to create, post, transmit or store content, including but not limited to text, music, sound, photos, videos, graphics, code or other items or materials on the Sites (collectively, "User Content"). You are solely responsible for your User Content and for your use of such Interactive Areas and that you use them at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content that references or depicts brands, products or services to which you have a material connection (such as if you are an employee, paid blogger or recipient of free products or services) but that does not contain a clear disclosure of your material connection to such brands, products or services;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of Eluna, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Eluna or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct while on the Sites. You agree that you will abide by these Terms and will not:
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites, or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Sites for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Use or attempt to use another user's account without authorization from such user and Eluna;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Sites that you are not authorized to access;
- Falsely indicate that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third party applications that interact with User Content and the Sites without our prior written consent; and
- Use the Sites for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
Eluna is not responsible or liable for the conduct of, or your interactions with, any users of the Sites (whether online or offline), nor is Eluna responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely our discretion, and absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce these Terms in other instances. At the same time, we encourage you to report User Content that violates these Terms by contacting us as at Rachel@moyerfoundation.org. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by these Terms. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users through the Interactive Areas on the Sites. Although Eluna has no obligation to screen, edit or monitor any of the User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice. Following the termination of this Agreement for any reason, the User Content posted in the Interactive Areas may be permanently deleted, and Eluna has no liability of any kind for any such deletion or removal. Further, Eluna has no liability of any kind for any User Content that is lost, deleted or destroyed by any third party hosting services. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Eluna may retain archived copies of your User Content. Cached copies may still be available for some period of time following the removal or deletion of the User Content by you or us, and our license will continue with respect to any offsite uses that have already been made.
Rights in User Content
Except as otherwise provided herein, on the Sites or in a separate agreement, Eluna claims no ownership or control over any User Content. However, by submitting User Content, unless we indicate otherwise, you grant Eluna and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Sites. You also grant Eluna and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose.
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Eluna and the Sites (collectively, "Feedback"). Feedback, whether submitted through the Sites or otherwise, is non-confidential and the Eluna shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You will defend, indemnify and hold harmless Eluna, our affiliates, partners, independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your use of the Sites; any User Content or Feedback you post, store or otherwise transmit on or through the Sites; your violation of these Terms; your violation of the rights of any third party; or any improper use of your Account or User ID, including, without limitation, improper use by someone to whom you revealed your password.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, SERVICES AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE MOYER FOUNDATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOYER FOUNDATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, SERVICES AND SITE MATERIALS. THE MOYER FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE SITES, SERVICES AND SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE THE MOYER FOUNDATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES SAFE, THE MOYER FOUNDATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES (INCLUDING, WITHOUT LIMITATION, ANY HOSTED SITE OR THIRD PARTY CONTENT USED OR AVAILABLE IN CONNECTION THEREWITH) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELUNA BE LIABLE FOR ANY DIRECT, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE MOYER FOUNDATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS OF THE MOYER FOUNDATION PROGRAMS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOYER FOUNDATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR SITE MATERIALS EXCEED THE AMOUNT YOU PAID TO ACCESS OR USE THE SITES AND SITE MATERIALS.
Applicable Law; Venue
Eluna reserves the right to modify or discontinue, temporarily or permanently, the Sites or any content, features or portions thereof at any time without prior notice and without obligation or liability to you. Eluna will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of thereof, and to block or prevent your future access to and use of the Sites or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then such provision will (a) be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) be void to the extent it is held to be invalid or unenforceable; and (c) remain in effect to the extent that it is not invalid or unenforceable. The invalidity or unenforceability of any provision will not affect any other provision of these Terms.
Questions & Contact Information
Questions or comments about the Sites may be directed to Eluna by emailing us or calling us at (206) 298-1217.