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Terms of Use

Last Updated: 11/01/2017

Summary

Welcome to the handup.org website (the “HandUp Website”) operated by South Oakland Shelter (“HandUp”, “we”, or “us”). By using the HandUp Website, you acknowledge that you (a “user”) have read and agree to be bound by the following Terms of Use (the “Terms”) and by our Privacy Policy which is incorporated herein, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by HandUp from time to time on the HandUp Website. You agree to be bound by such terms as may be revised and posted from time to time, without notice and with the date of last revision listed above. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the HandUp Website. We may terminate the account of any users who violate these Terms and may remove any content they may have contributed to the HandUp Website.

The HandUp Website was established to raise funds for human service organizations that support people experiencing significant economic hardship as a part of their mission. All users who access the HandUp Website are referred to herein as “users.” Users who make donations through the HandUp Website are referred to herein as “Donors.” Users who are experiencing significant economic hardship and set up profiles on the HandUp Website in order to directly or indirectly receive donations are referred to herein as “Members.” Nonprofit human service organizations that work with us to create profiles for Members and other fundraisers on the HandUp site, and to coordinate and distribute donations are referred to herein as “Partners”.

USERS

Eligibility

Any use or access of the site from users under 18 is strictly prohibited and a violation of these Terms. By using the HandUp Website you represent and warrant that you are 18 years of age or older. If you choose to create an account with us, you may be asked to provide an email address and password. We may ask you to provide certain personal information, such as name, phone number, and email address, in creating your user account.

If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.

Website Content and Intellectual Property

All content on the Handup Website, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that, if you are eligible to use the Handup Website, you are granted a limited non-exclusive license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. You may not republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Handup, 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, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

User Information

Privacy and security of our user information is of vital importance to us. We will not share or sell names of users without their consent.

Prohibited Conduct

The services you are receiving from HandUp are provided for personal use to “help people in need”. You agree to use the HandUp Website only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not and represent and warrant that you will not:

  • use the HandUp Website in any manner that could damage, disable, overburden, or impair the HandUp Website, or interfere with any other party's use and enjoyment of the HandUp Website;
  • attempt to gain unauthorized access to the HandUp Website or the computer systems or networks connected to the HandUp Website through hacking, password mining or any other means;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature to or through the HandUp Website;
  • defame, abuse, harass, stalk, threaten, deceive or otherwise violate the legal rights (such as rights of privacy and publicity) of others or post any content that contains explicit or offensive descriptions of sexual matters;
  • upload, post, email or transmit, or otherwise make available through the HandUp Website any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit, or otherwise make available through the HandUp Website any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
  • upload, post, email or transmit, or otherwise make available through the HandUp Website any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms;
  • run Maillist, Listserv, or any form of auto-responder or “spam” on the HandUp Website;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the HandUp Website, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content user information or other information;
  • download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the HandUp Website;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by the HandUp, any of its Partners, affiliates or any third parties;
  • operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
  • victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • violate the personal safety of other HandUp users at any time
  • use the HandUp Website for any illegal or unauthorized purpose;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

Appropriate User Content

The HandUp Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). HandUp permits you to use the HandUp Website, the Tools, and the services provided by HandUp subject to your acknowledging and agreeing to the following conditions:

We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our right to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.

The posting of User Content is solely the responsibility of each User. HandUp does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.

You have sole responsibility for your User Content and the consequences of posting User Content on the HandUp Website. You bear sole responsibility for the consequences of posting User Content.

You agree that the User Content will accurately describe the collection and intended use of donations made via the HandUp Website.

You agree that User Content posted by you and other users of the HandUp Website does not necessarily reflect the views of HandUp.

You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.

By posting, uploading or otherwise sharing your User Content on the HandUp Website, you:

  • grant to HandUp a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the HandUp Website, creating derivative works based on the User Content, and/or other uses for promoting a Member page;
  • permit, but not require, HandUp to identify you as the provider of such User Content;
  • represent and warrant that you have all necessary rights to grant the foregoing permissions;
  • grant to HandUp and other users of the HandUp Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others; and
  • agree that HandUp has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the HandUp Website.

Registration Data; Account Security

In consideration of your use of the HandUp Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the HandUp Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account and (e) notify us immediately if you become aware of unauthorized use of your Registration Data or other security breach of the HandUp Website. We may refuse to grant you access if you select a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole and absolute discretion. Any attempt to access restricted areas of the HandUp Website without authorization is prohibited.

DONORS

Donations through HandUp

HandUp agrees to distribute donations to Partners. All such donations become the property of HandUp Partners, are non-refundable by HandUp and are made in the user’s sole discretion and at your sole risk based on your sole determination and evaluation of the fundraiser. You are solely responsible for determining the tax deductibility of any donation. Some donations made through HandUp are tax deductible. Tax deductibility will be indicated in the donation checkout flow and in the donation receipt. HandUp is not liable or responsible for any errors or omissions caused by the Processor or failures on part of the Processor.

HandUp Gift Cards and Donation Codes

HandUp offers various gift cards and donation codes as a service to our donor community. These promotions explicitly list an expiration date, generally occurring six months after purchase. At the time of expiration, any unredeemed value will be automatically distributed to HandUp Partners at HandUp’s sole discretion.

Anti-Credit Card Laundering Policy

Only the authorized credit card holder may donate on the HandUp Website. A third party may not use the Donor's card information or enter donations on behalf of the Donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. HandUp may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the HandUp Website, for the authorized credit card holder to utilize in order to make a valid donation.

Ultimate Responsibility for Donor Expressions of Preference about Use of Funds

The HandUp Website provides an opportunity for you as a Donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and HandUp is not responsible or liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligation beyond HandUp’s obligation to distribute donations to HandUp Partners. HandUp does guarantee that your donation will be distributed to a Partner in furtherance of its mission.

When you donate to any campaign on the HandUp Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. Your first name may be shared publicly on our site when you make a donation or send words of support to a Member or general fund, unless you indicate you’d like to take the action anonymously. However, replies to Member updates cannot be made anonymously; your first name will be publicly visible if you choose to reply to Member updates. Please see further information regarding our Privacy Policy here.

MEMBERS

Member Profiles

HandUp Members will receive a web profile viewable by the general public. (You may, however, disable this option at any time by emailing info@handup.org).

As a Member, you may use the HandUp Website to collect donations to help meet your basic needs.

By signing up for our service, Members:

  • agree to these Terms;
  • agree to provide true, accurate, and complete information;
  • agree they are solely liable and responsible for all actions conducted under their user account;
  • agree they do not have authority to act on behalf of, speak for, contract for or otherwise obligate HandUp;
  • agree to ensure all donations will be used in accordance with the description posted on the Member page.

Member Limited License and Acceptable Use

HandUp hereby grants Members a limited, non-exclusive license to create fundraisers on the HandUp Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the HandUp Website (collectively, the “Tools”) solely in accordance with these Terms for the purpose of raising donations for the cause advertised on their fundraising page.

HandUp’s Trademarks

HandUp grants Members a limited, non-exclusive, royalty-free license to use the trademark “HandUp®” solely on their Member page for purposes of collecting donations through the HandUp Website. HandUp reserves the right to monitor your use of its trademark “HandUp®” and to require that you use it in conjunction with its quality control criteria or standards. HandUp reserves the right to refuse or revoke permission to use the “HandUp®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in HandUp’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or diminishment of HandUp’s reputation or goodwill, and/or (e) jeopardy to HandUp’s nonprofit status. You may not incorporate any HandUp trademark within any trademark, trade name, or domain name created by you.

In creating and maintaining a Member page on the Website, Members grant a limited, non-exclusive, royalty-free license to HandUp to display the Content that you upload for the exclusive purpose of promoting you and soliciting donations. Members further grant to HandUp the right to sublicense the Content to Partners solely for the limited purpose of using the Content to promote such Partner, including the right to access, display, view, store, and/or download the Content, and post or forward the Content to others. Members represent and warrant that they have the necessary rights to grant the foregoing permissions to HandUp.

Member Release

Members are required to execute the following release prior to posting a profile or obtaining any donations through the HandUp Website:

By using the HandUp Website, I authorize HandUp to make, use, and publish my first name (or alias), biographical information including information about my personal needs, medical condition and any needs I am raising funds for, any photographic or other audiovisual image, whether in original form or as edited or altered at the sole discretion of HandUp, for marketing, fundraising, Donor solicitation and other promotion of the purposes, programs and services offered by HandUp, including the HandUp global crowdfunding platform and website in any type of media, including electronic media, online or website, anywhere and for all time (collectively, the “Publicity Rights”).

I release and discharge HandUp, and agree to hold HandUp harmless, from any and all claims or liability resulting directly or indirectly from use of the Publicity Rights, including any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity or copyright, or any other personal or proprietary right. I agree that I do not have any right to inspect or approve any material that may be used in connection with the Publicity Right or the uses to which the Publicity Right may be applied.

In signing this waiver, I also hereby acknowledge the following criteria for participation in HandUp (initial each). I understand that failure to adhere to this agreement could result in termination of my HandUp account and forfeit of any funds therein:

____ Under no circumstances will I use my HandUp points to purchase, trade, or exchange for alcohol, weapons, drugs, or any illegal substances or services. I will only use HandUp for my own needs and not on behalf of others. I will not pay employees, collect income or make other taxable business transactions using HandUp.

____ I understand that all points in my account are the rightful property of HandUp and/or affiliated partners until released to me in the form of a(n) item or service. I understand that HandUp cannot be held liable for any lost or stolen items that I receive as a Member of the program.

____ I hereby certify that I am currently experiencing significant economic hardship.

____ I understand that HandUp has a legal obligation to keep donation information private and therefore that I will not have access to private information on my Donors.

____ I understand that HandUp is willfully offering its services and reserves the right to terminate my account and redistribute my unused points at any time. Similarly, HandUp gives me the right to terminate my account at any time.

____ I further represent that I am at least eighteen (18) years old and have the legal capacity to provide this Release. If I choose to include a dependent (i.e. - child or spouse) in my photo, I hereby certify that I have the legal right to do so.

PARTNERS

Partners are responsible for ensuring that Member content is approved by Members. Partners are further liable for ensuring that Members sign the HandUp Member Release before posting their User Content on the HandUp website.

Partners agree that the User Content will accurately describe that donations made via the HandUp Website, although Donor-advised for the benefit of a specified Member, are given to HandUp to be distributed to the Partners and may not be used for the Donor-advised purpose.

Partner Limited License and Acceptable Use

HandUp hereby grants Partners a limited, non-exclusive license to create a personal fundraiser for a Member on the HandUp Website and to use the Tools solely in accordance with these Terms for the purpose of raising donations for the cause advertised on such fundraising page.

ADDITIONAL LEGAL PROVISIONS

Disclaimers

We do not guarantee the accuracy of any User Content or content provided by third parties (“Third Party Content”). Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post on the HandUp Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the HandUp Website or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User of the Site or Service. We cannot guarantee and do not promise any specific results (relating to donations or otherwise) from use of the HandUp Website.

YOU UNDERSTAND THAT WE PROVIDE THE HANDUP WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HANDUP AND THE SOFTWARE, HARDWARE AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The HandUp Website may be temporarily unavailable from time to time for maintenance or other reasons. 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, user communications. We are 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 email or players on account of technical problems or traffic congestion on the Internet or on the HandUp Website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the HandUp Website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the HandUp Website, any User Content or Third Party Content posted on or through the HandUp Website or transmitted to Users, or any interactions between users of the Site, whether online or offline.

We reserve the right to change any and all content contained in the HandUp Website and any services offered through the HandUp Website at any time without notice. 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, or any affiliation therewith, by HandUp.

Liability Limitation

We expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any Member, any Partner, or any Donor. HandUp is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

YOU AGREE THAT HANDUP NOR ANY OF ITS PARTNERS OR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE HANDUP WEBSITE OR THE SERVICES PROVIDED BY HANDUP (AND YOUR USE OF, OR INABILITY TO USE, THE HANDUP WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE HANDUP WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

Hold Harmless and Indemnity

Your use of the services provided by HandUp is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by HandUp, or the HandUp Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

User Disputes

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Links to Other Websites and Content

The HandUp Website may contain links to third party websites (“Linked Sites”). These links are provided only as a convenience. The inclusion of any link is not, and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by HandUp of any information, materials, products, or services contained in or accessible through any Linked Site. In no event shall HandUp be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk. Your access and use of the Linked Sites are governed by the Terms and privacy policies of such Linked Sites, and we encourage you to carefully review all such terms and policies. Although we take care to review the websites to which links are provided, we cannot guarantee the authenticity, or accuracy of any of the information contained therein.

Changes to Services, Website, and the Terms

By using our services, you are agreeing to these Terms. Please read them carefully. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the HandUp Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms Use are unacceptable to you, you must cease use of the HandUp Website.

Notices

HandUp may but is not obligated to provide you with notices regarding the services provided by HandUp, the HandUp Website, or these Terms by regular mail, email, or postings to the HandUp Website.

International Use

The HandUp Website is controlled and operated from within the United States. HandUp makes no representation that the HandUp Website is appropriate or available in locations outside the United States. Those who choose to access the HandUp Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

Terms and Termination

These Terms apply to your use of the services provided by HandUp and the HandUp Website at all times. You may terminate under these Terms at any time by emailing info@handup.org, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the HandUp Website immediately ceases.

HandUp reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, and/or your access to all or a portion of the HandUp Website and/or remove any registration information or User Content from the HandUp Website, for any reason (including if you breach of any of the provisions of these Terms). HandUp also reserves the right to change the HandUp Website without notice to you, at any time.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.

You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without HandUp’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These Terms are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.

The failure of HandUp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the HandUp Website shall be litigated or otherwise heard in the state or federal courts located near Southfield, Michigan and the parties hereto hereby consent to the exclusive jurisdiction of such courts.

HandUp may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

Copyright Complaints

If you believe that any material on the HandUp Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Attn: HandUp Staff

Full Address of Designated Agent to Which Notification should be Sent:

18505 W. 12 Mile Rd.

Lathrup Village, MI 48076

E-Mail Address of Designated Agent: info@handup.org

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the registrations of users who are deemed to be infringers.

Contact

For questions about these Terms please contact us at: info@handup.org

Privacy Policy

Please read this privacy policy (the “Privacy Policy”) carefully to understand South Oakland Shelter, its subsidiaries and affiliates, successors, assigns, vendors and third-party suppliers (collectively referred to herein as “HandUp”) uses and protects the information provided to HandUp by any individual person or entity who accesses, uses or registers to use HandUp Properties as defined herein (“you” or “your”). This Privacy Policy applies to the website www.handup.org and any variations or successors to it (the “HandUp Site”), any domain address that resolves to the HandUp Site, any HandUp computer software or applications downloadable or otherwise available from the HandUp Site (“HandUp Software”) and any HandUp services purchased or otherwise made available from the HandUp Site (“HandUp Services”) (the HandUp Site, the HandUp Software and the HandUp Services are collectively referred to as the “HandUp Properties”).

This Privacy Policy applies to you and is incorporated into and is a part of the Terms and Conditions (the “Terms and Conditions” or the “Agreement”) of the HandUp Site.

Your using, accessing or registering to use HandUp Properties is subject to the Terms and Conditions and this Privacy Policy, and indicates your agreement and acknowledgement to be bound by them.

For purposes of this Privacy Policy, “Materials” refers to, without limitation, any and all audio and visual works or content in any medium or format, including, without limitation, film, video, text, logos, artwork, graphics, pictures, images, advertisements, aural and other forms of expression, whether in still, live, animated or streaming format, contained in works posted, uploaded or provided to HandUp, the HandUp Properties, or into the technologies described herein, in any method or form, by you, or anyone on your behalf.

1. Types of Information HandUp Collects from You

  1. “Personal Information.” Personal Information refers to information that lets HandUp know the specifics of who you are and that may be used to identify, contact or locate you. Personal Information may include your name, mailing address, telephone number, e-mail address, billing address, payment information, financial institution information, information about uploads, Internet Protocol (IP) address and the device used to upload the Materials (this data may be meta-data embedded in the Materials) and other information relating to uploaded Materials or that may be used to identify, contact, or locate you. HandUp may collect Personal Information when you use the HandUp Properties including, without limitation, when you set up your account, upload or download Materials, correspond or otherwise communicate with HandUp through the Internet, or otherwise volunteer information about yourself.
  2. “Non-Personal Information.” Non-Personal Information refers to information that, by itself, does not identify you or could not be used to identify you as a specific individual (e.g., demographic information, website visitations, or other actions you may take). HandUp may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of various technologies, some of which are described further below.

2. How HandUp Collects Your Information

  1. Registration. Prior to your using one or more of the HandUp Properties, HandUp may require certain Personal Information and Non-Personal Information to create a HandUp account (“Account”) or to enable features or functionality of the HandUp Properties. Failure to provide all information required by HandUp may prevent access to any or all the HandUp Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all the HandUp Properties.
  2. Uploading and Downloading Materials. If you use the HandUp Services and you upload or post Materials to or download Materials from the HandUp Properties, the Materials may include meta-data or be transmitted with data, such as, without limitation, the type of device through which the Materials were created, the device’s IP address, the domain name of your Internet service provider and other such data. This data may necessarily be provided to and collected by HandUp when Materials are uploaded, posted to or downloaded from the HandUp Properties.
  3. Information Collected Through Technology. While you are able to visit the HandUp Site and remain anonymous, HandUp or its third party service providers may still collect Personal Information and Non-Personal Information about your use of the HandUp Properties (e.g., your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider). Such information may be gathered by the following methods:
    1. Cookies. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s or device’s hard drive which work by assigning to your computer or device a unique number that has no meaning outside of the HandUp Site. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the HandUp Properties unavailable to you, or not perform properly for you.
    2. IP Address. You may visit areas of the HandUp Site anonymously without the need to register an Account. Even in such cases, HandUp may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer or device whenever you begin services with an Internet service provider. Each time you access the HandUp Site and each time you request one of HandUp’s pages, the server logs the IP address.
    3. Web Beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. HandUp may use these technical methods in HTML e-mails that HandUp sends to you to determine whether you have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.
    4. Tracking Materials Usage. If you use the HandUp Services and you upload or post Materials to, or download Materials from, the HandUp Properties or to or from a third party website, HandUp tracks and captures Personal and Non-Personal Information associated with registered Accounts and the use of Materials.

3. How HandUp Uses Your Information

  1. System Administration. HandUp may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with HandUp servers, monitoring HandUp’s system performance and traffic on the HandUp Properties and to gather broad demographic information about HandUp users.
  2. Personalization. HandUp may use Cookies and IP Addresses to track features such as delivering Materials specific to your interests and informing you of new, relevant services or certain third party offerings.
  3. Performance of Services of the HandUp Properties. If you have registered for an Account, HandUp may use your Personal Information to make payments to you; to receive payments from you; to prepare tax information; to offer services to you; and to procure services from you and to communicate with you about these activities.
  4. Notices to Registered Users. If you have registered for an Account, HandUp may use your Personal Information to send e-mails to you regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Materials, make a payment or receive a payment or refund. HandUp may also send you e-mails to verify your identity or to notify you if HandUp believes your use of HandUp Properties violates any applicable agreement for the use of the HandUp Properties.
  5. [Advertising. HandUp may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Materials.]
  6. [Promotional E-mails. HandUp may use your Personal Information to send you e-mails periodically listing promotions or events relating to the HandUp Properties or from HandUp’s marketing partners or sponsors. You have the choice to opt-out of receiving such promotional e-mails by sending an e-mail to info@handup.org and/or following the instructions in such correspondence.]
  7. Contact Information. If you contact HandUp by any means, HandUp may keep a record of your contact information and correspondence. If you report a problem with the HandUp Properties, HandUp may collect this information in a file specific to you.

4. How to Access and Change Your Personal Information

Upon request, HandUp shall allow you to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, as determined by HandUp at its sole discretion. Additionally, upon request, HandUp shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete your entry without some residual information being retained due to the manner in which data backups are maintained.

Disclosure of Information to Third Parties

  1. HandUp does not sell, trade or rent Personal Information collected through the HandUp Properties to any third party.
  2. Notwithstanding the foregoing, HandUp may share your Personal Information for the following purposes and to the extent necessary in HandUp’s good-faith discretion:
    1. as reasonably necessary for the operation of the HandUp Properties;
    2. to fully cooperate with law enforcement agencies;
    3. as required upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation;
    4. if HandUp believes your actions violate any law, regulation, the Terms and Conditions or any functions of the HandUp Properties; and
    5. in the event of insolvency, bankruptcy, merger, acquisition, sale, joint venture or other business combination involving HandUp.

6. Safeguarding Your Personal Information

  1. Security Measures. HandUp takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to:
    1. internal reviews of HandUp’s data collection;
    2. internal reviews of storage and processing practices;
    3. internal reviews of electronic security measures;
    4. internal reviews of physical security measures to guard against unauthorized access to systems where HandUp stores Personal Information; and
    5. all HandUp employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution for unauthorized use or disclosure of Personal Information.
  2. Third Party Links. The HandUp Properties may contain links to third parties who may collect Personal Information and Non-Personal Information directly from you. Additionally, HandUp may use third parties to provide components of the HandUp Properties. In either case, such third parties may have separate privacy policies and data collection practices, independent of HandUp. HandUp:
    1. has no responsibility or liability for these independent policies or actions;
    2. is not responsible for the privacy practices or the Materials of such websites; and
    3. does not make any warranties or representations about the information, content, materials, products or services offered on such websites or the security of any information you provide to them.

7. International Users and Transfer of Data

The HandUp Properties are operated from the United States and are subject to United States law. By providing information to us through the HandUp Properties, you are consenting to the transfer of that information to be processed and used in accordance with the terms of this Privacy Policy.

8. Changes to HandUp’s Privacy Policy

HandUp continually strives to implement new technologies and processes to better protect you, your privacy and your use of the HandUp Properties, and to improve the cost-effectiveness of HandUp Software and HandUp Services. As a result, changes to this Privacy Policy may be made by HandUp from time to time.

9. Special Note Regarding Minors

Use of the HandUp Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by HandUp to use the HandUp Properties, even if Minors set up an Account or accept the terms of any agreement or policy herein for the HandUp Properties

10. Contacting HandUp

If you have any questions about this Privacy Policy please contact HandUp by sending a letter or e-mail to:

HandUp
18505 W. 12 Mile Rd.
Lathrup Village, MI 48076
info@handup.org