My Good Deed (d.b.a. 9/11 Day)
Terms & Conditions of this Website
Welcome to the 9/11 Day Observance website, created to support the federally recognized September 11 National Day of Service and Remembrance.This private website is operated by MyGoodDeed, a nonprofit 501(c)3 organization which encourages individuals to engage in charity and service.
This website (the “Website” or the “Site“) is operated by MyGoodDeed, d.b.a. 9/11 Day (“we“, “us” or “MyGoodDeed“), a nonprofit 501(c)3 organization based in Irvine, California, which encourages individuals to perform good deeds and others acts of kindness and charitable service in observance the anniversary of the September 11, 2001, terrorist attacks in the United States. These T&Cs apply to “you“, which includes any visitor to the Website, your use of our Website, any transactions with us that reference these Terms, our provision of products or material to you, or any other interactions otherwise described in these T&Cs (collectively, the “Services“).
PLEASE READ THESE T&CS CAREFULLY BEFORE YOU ACCESS OR USE OUR SERVICES. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE T&CS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE WEBSITE.
1. User Registration
Certain Services and MyGoodDeed Content are only accessible by users who have registered with us to obtain usernames and passwords (“Registered Users“). We treat anyone who uses your username and password as “you”. We will provide this Registered User with all ofall the rights and privileges that we provide to you as a Registered User, and we will hold you responsible for activities associated with your username and password. We recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who is not permitted to access the Website and Services on your behalf. Please notify us immediately if you suspect that someone is using your username and password in an inappropriate or unauthorized manner.
2. MyGoodDeed Ownership; Reservation of Rights
MyGoodDeed owns all the content that is available on this Website, including but not limited to visual interfaces, interactive features, graphics, scripts, photo, sounds, music, videos, design, compilation, computer code, products, software, text, aggregate user review ratings, and all other elements and components of the Website, including any information you provide to us (collectively, “MyGoodDeed Content“). MyGoodDeed also owns or has the license for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the MyGoodDeed Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws or are used under principles of “fair use”. As between the parties, MyGoodDeed and its licensors retain all rights with respect to the Services (including, but not limited to, the Site) and MyGoodDeed Content except those expressly granted to you in these T&Cs. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the MyGoodDeed Content or other material available through the Website or Services unless we specifically authorize you in writing to do so. All rights in and to the Website and the MyGoodDeed Content are retained by MyGoodDeed.
Except as expressly provided herein, we and our licensors reserve all rights with respect to the Website, Services and MyGoodDeed Content, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights.
3. Limited Rights to Use
In accordance with these T&Cs and your agreement to comply therewith, you are hereby granted limited rights to (a) access and use the Website, (b) permission to view, access and download some of our MyGoodDeed Content as a Registered User. This permission and limited rights to copy and download our MyGoodDeed Content is limited to the following elements: (i) Lesson Plans; (ii)Teacher’s Guides; (iii) Parent’s Guides; (iv) media assets, including logos, banners, videos, and photography we post on the site for your non-commercial use); (v) Toolkits for employers and nonprofit groups; (vi) and other materials specifically shared on our Education/Other Resources section of our Website.
MyGoodDeed may, in its sole discretion, revoke your rights to use the Site or Services at any time and even permanently ban you from accessing the Site or Services without notice.
4. Commercial Use
The limited license and permission we grant you to access our Website and MyGoodDeed Content through our Website is non-commercial use. In no instance does this limited license or permission include use of our Website and MyGoodDeed Content for any commercial purpose or to modify any portion of it, except as explicitly provided under Section 3 Limited Rights To Use, or with our written consent. Except as explicitly provided in these T&Cs, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the MyGoodDeed Content or any portion of this Website and its contents for any commercial purpose. You may display and occasionally print a single copy of pages of MyGoodDeed for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this Website without our prior written consent. Requests for permission to reproduce or distribute materials found on the Website should be sent to [email protected].
5. Use of our Logos
Trademarks and service marks that may be referred to on the Website, Services, or found in the MyGoodDeed Content are the property of MyGoodDeed or their respective owners. Nothing in these T&Cs should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. Except as required under this Section, the names and logos used by MyGoodDeed may not be used in any way, including in advertising or publicity pertaining to distribution of MyGoodDeed Content, without prior written permission. You are permitted, under a limited license granted by MyGoodDeed, to copy and download MyGoodDeed trademarks and logos for the sole and express purpose of supporting and promoting in a non-commercial way your participation in 9/11 Day, or to encourage others to do so.
However, by using these logos in any way, you agree to abide to certain terms and conditions of use, specifically that:
- you will not modify these elements in any way except in terms of sizing, for instance, you cannot change colors or typeface, nor can you add any new information, text or images to these logos;
- you will not place any other logos too close to our logos, such that this might be interpreted that our logos are owned or part of any other organization or program, and;
- you will use these logos in any way to sell items. In other words, you may not use our information or logos for any commercial gain or in concert with product or service offers without the express written permission of MyGoodDeed.
Questions regarding the use or modifications of the MyGoodDeed branded elements shall be directed to MyGoodDeed at [email protected]. MyGoodDeed reserves the right to terminate rights to use its branded identities at any time and without notice. You may only use them under the terms outlined on the Website and/or here. The logos of our partners and sponsors, which may also be displayed on our Website, are not our property and appear on our Website with the permission of these organizations. You may not copy, duplicate, or use any of these logos without the express written permission of these organizations.
6. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is MyGoodDeed’s policy to terminate access to our website, and privileges thereto, of any Website visitor or Registered User who repeatedly infringes the copyright rights of others upon receipt of proper notification to MyGoodDeed by the copyright owner or the copyright owner’s legal agent, however MyGoodDeed is under no obligation to independently monitor the actions and use of Website visitors or Registered Users. Pursuant to the Digital Millennium Copyright Act, if you believe that any MyGoodDeed Content or other content infringes on your copyright, please contact us at [email protected].
7. Linking to the Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Website; send communications with certain content, or links to certain content, using the Website; or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Website that is inconsistent with these T&Cs. We may disable any social media features and any links at any time without notice in our sole discretion.
8. Links to Third Party Sites.
9. Donations Made Through Our Website to MyGoodDeed
You acknowledge that, should you decide to make donations through our Website, you may be using services provided by third parties, such as PayPal, Inc., or other independent payment processing services, and you agree to be bound by the terms and conditions and privacy policies of these third-party payment processors, when making donations to us.
10. Warranty Disclaimers
YOUR USE OF THE WEBSITE, SERVICES, MATERIALS AND MYGOODDEED CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL MYGOODDEED CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MYGOODDEED’S WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE, SERVICES, MYGOODDEED CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH MYGOODDEED’S WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE MYGOODDEED’S WEBSITE, SERVICES, OR MYGOODDEED CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE, MYGOODDEED CONTENT, OR SERVICES EXCEED U.S. $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that you will be responsible for any damages resulting from any violation of these T&Cs. You further agree to defend, indemnify and hold MyGoodDeed, and its owners, affiliates, officers, directors, agents and employees, contributors, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these T&Cs, or any violation of any law or the rights of any third party that occurs in connection with your use of MyGoodDeed’s Website, Services, or MyGoodDeed Content.
13. Choice of Law and Forum
These T&Cs shall be governed by and construed in accordance with the laws of the State of California, excluding conflicts of law rules. You agree that, unless expressly waived by us, the exclusive jurisdiction for any claim or action arising out of or relating to these T&C or your use of this Website, Services, and MyGoodDeed Content shall be in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You also agree that in the event of any action to enforce or interpret these T&Cs, the prevailing party shall be entitled to collect its reasonable attorney fees.
14. Modification and Severability
MyGoodDeed reserves the right to make changes to these T&Cs and our other legal notices at any time by updating the Effective Date on the bottom of these T&Cs. By continuing to use this Website, Services, or MyGoodDeed Content following our posting of such changes, you agree to be bound by these T&Cs as modified. We may change, restrict access to, suspend or discontinue this Website, the Services, the MyGoodDeed Content, or any portion of thereof, at any time.
MyGoodDeed and you are independent entities, and nothing in these T&Cs, or via use of the Website or Services will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between MyGoodDeed and you. Any rights and licenses granted under these T&Cs, may not be transferred, or assigned by you, but may be assigned by MyGoodDeed without restriction. If any provision of these T&Cs shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of these T&Cs. The failure of MyGoodDeed to exercise or enforce any right or provision of this T&Cs shall not operate as a waiver of such right or provision. The section titles in this T&Cs are for convenience only and have no legal or contractual effect. This T&sC operates to the fullest extent permissible by law.
If you have any questions regarding these T&Cs, please contact us at: [email protected]