PRIVACY POLICY
Give Kids the World, Inc., including Give Kids The World Village (“GKTW”, “we”, “us”, or “our”), respects your privacy, and we are committed to ensuring the highest levels of data security and confidentiality. The following policy (“Privacy Policy”) outlines our information gathering, use, and dissemination practices applicable to www.gktw.org and www.givekidstheworld.org (the “Site”) and information provided by wish participants and wish granting organizations on behalf of wish recipients.
In order to fully understand how we collect, use, disclose, protect, and otherwise process information, including personally identifiable information and any other information relating to an identified or identifiable natural person (collectively, the “Personal Data”), and your rights with regard to your Personal Data, we encourage you to read this Privacy Policy as well as our Terms of Use. GKTW reserves the right at any time and without notice to change this Privacy Policy by posting such changes on our Site. Any such change will be effective immediately upon posting, and our Privacy Policy will reflect the last date it was updated in the top left corner. Because we want to demonstrate our commitment to your privacy, this Privacy Policy notifies you of:
1. What information is collected by GKTW;
2. How collected information is used;
3. How and to whom we may disclose collected information;
4. What choices you have regarding collection, use, distribution, and storage of your information;
5. How you can correct any inaccuracies in your information or request removal of your information from our system; and
6. What kind of security procedures are in place to protect the loss, misuse, or alteration of information under our control.
Questions regarding your Personal Data or this Privacy Policy should be directed to GKTW by sending an email to dream@gktw.org. Please reference this Privacy Policy in your subject line.
What Information is Collected by GKTW
Information You Provide to Us
You may provide us with information, including Personal Data, when performing actions such as:
- Making a donation
- Applying to be a volunteer
- Providing information for the purposes of fulfilling a wish
- Applying to be a wish-granting organization partner
- Setting up a fundraiser
- Registering for an event
- Contacting us
Each of these actions may request your name, email address, physical address, billing address, credit card information, or phone number. In addition, your date of birth, interests, and other information may be requested to help GKTW fulfill your request.
All credit card payment transactions are processed by our third party payment processor. However, we retain the first four digits, last four digits, and expiration date of the credit card used in the donation or other financial transaction for fraud detection and prevention.
Information Provided by Others
Other organizations, according to each such organization’s own privacy policy, may provide us your information, including Personal Data, when performing such actions as:
- Fulfilling a wish
- Enrolling a group volunteer activity
- Processing a corporate or group donation
- Participating in a fundraising activity or event
Each of these actions may result in your information, including Personal Data, being transmitted to GKTW for the purpose of conducting the transaction or request. Once received by GKTW, such transmitted information is subject to the information gathering, use, and dissemination practices in this Privacy Policy.
Information Collected Automatically
Internet Protocol Address
We collect an IP address from all visitors to our Site. An IP address is a number that is automatically assigned to a computer when a computer accesses the Internet. We use IP addresses based on our legitimate business interest to help diagnose problems with our server, administer our Site, analyze trends, track user movement on the Site, gather broad demographic information for aggregate use in order for us to improve the Site, and deliver personalized content.
Use of "Cookies"
Our Site uses cookies to enhance user experience while using our Site. Cookies are pieces of information that some websites transfer to the computer that is browsing that website and are used for record-keeping purposes at many websites. Use of cookies makes web browsing easier by performing certain functions such as saving your passwords, saving personal preferences regarding your use of the particular website, and ensuring that you don't see the same advertisement repeatedly. If you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Site will not function properly when you view them.
Non-Personal Data
We may collect and compile de-identified and aggregated Personal Data and other non-Personal Data, which does not identify you personally (“Non-Personal Data”).
How Collected Information is Used
In general, we use your information, including Personal Data, to fulfill your requests to us, enhance your experience with us and our Site, and enhance our relationship with you. GKTW has a legitimate business interest in using your Personal Data for these purposes.
From time to time your Personal Data may be used to contact you with GKTW fundraising campaigns, promotional materials, newsletters, events, marketing or other information that may be of interest to you. You may be contacted by the address, phone number or email address you provide to us. We may contact you in this way based on our legitimate interest in undertaking marketing activities to provide you with the most up-to-date information on our Site and activities and other events, products, and services in which you may have an interest.
How and to Whom We Disclose Collected Information
We will not sell, share or trade your Personal Data with any other entity, nor send mailings to our donors on behalf of other organizations. However, we may share your Personal Data with trusted thirds parties who provide consulting service to assist us in operating and improving our business.
We may also release your Personal Data when we believe release is appropriate to comply with the law, enforce our Site policies, or protect our or others' rights, property, or safety.
If you make a donation, we will share your Personal Data with our payment processor for the sole purpose of processing your payment.
Because Non-Personal Data cannot be used to identify an individual, we may share such information for any lawful purpose.
Choices You Have Regarding Collection, Use, Distribution, and Storage of Your Information
Limit the Personal Data you Provide
You can access and use the Site without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Site or receive certain services from GKTW.
Opt-Out
At any time, you can choose to no longer receive solicitation or promotional emails or newsletters from us by unsubscribing. In every email communication we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific program addressed in the email or all emails (except those that are transaction-generated) by simply clicking the hyperlink provided and following the instructions provided. We attempt to process all such unsubscribe requests in a prompt fashion.
Your Rights Regarding Your Personal Data
If you wish to request a copy of your Personal Data that we have stored, request a correction of any inaccuracies in your Personal Data, request that all of your Personal Data be removed from our databases, or if you have any questions about this Privacy Policy, the data practices of GKTW, or your experience using this Site or interacting with GKTW, please contact:
Give Kids The World Village
210 South Bass Road,
Kissimmee, FL 34746
dream@gktw.org
If you are located within the European Economic Area (“EEA”), in addition to those rights listed above, you have the right to request restriction of our processing of certain Personal Data, request that your Personal Data be transferred to another entity or person, object to our processing of your Personal Data, and, where you have given us express consent to process certain Personal Data, withdraw such consent to our processing of such Personal Data.
If you have a concern about our privacy practices, please contact us using the contact information set forth above, and we will take reasonable steps to address your concern. For individuals who are located in the EEA, you have the right to make a complaint at any time to a supervisory authority in the EEA, although we hope you will allow us the opportunity to address your concern first.
Notice to California Residents – Your California Privacy Rights
Individuals who are residents of California and have provided their Personal Data to us may request information regarding our disclosures, if any, of their Personal Data to third parties for direct marketing purposes. Such requests must be submitted in writing to:
Give Kids The World Village
210 South Bass Road,
Kissimmee, FL 34746
dream@gktw.org
Such requests must include the reference “Request for California Privacy Information” in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.
Security
Our Site uses industry standard security measures to protect against the loss, misuse, and alteration of the information under our control. All information collected through the Site, including Personal Data, is stored in a secure database that is only accessible by certain qualified representatives of GKTW. GKTW servers and vendors processing information on our behalf adhere to 2048-bit RSA transport layer encryption for transmission over the internet.
All information provided to GKTW is transmitted using TLS (Transport Layer Security), the replacement for SSL encryption (Secure Socket Layer), and our proven encryption that lets your browser automatically encrypt, or scramble, data before you send it to us. Unfortunately, no data transmission over the Internet is 100% secure. While we strive to protect your information, we cannot guarantee the security of all information or transmissions.
Other Websites
Our Site contains links to other websites not operated or controlled by us. Please note that when you click on one of these links, you are entering another website for which GKTW has no responsibility. We encourage you to read the privacy statements on all such websites, as their policies may be less protective than ours. Inclusion of these links to third party websites on our Site does not imply that we endorse or have reviewed the third party websites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these third party websites.
Children Under the Age Of 16
We do not specifically or knowingly provide or market our Site to children under the age of 16. We do not knowingly collect or otherwise process Personal Data from children under the age of 16 without first obtaining parental or legal guardian consent. If you are under the age of 16, you may not submit any Personal Data through the Site unless and until consent is provided by your parent or legal guardian. We will take reasonable steps to verify such parental or legal guardian consent and may request additional information, including Personal Data, from such parent or legal guardian for this limited purpose. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Site without the permission of their parent or legal guardian. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through the Site without the consent of the child’s parent or legal guardian, please contact us at dream@gktw.org, and we will delete that information from our databases.
CAN-SPAM Act
We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All emails you receive from GKTW are intended to fully comply with the CAN-SPAM Act. If at any time you would like to unsubscribe from receiving future emails, you can email us at dream@gktw.org and we will promptly remove you from ALL correspondence.
Unsolicited Information
This Privacy Policy shall not apply to any unsolicited information you provide to us through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution. However, if any of your Personal Data is included in any Unsolicited Information we will only process that Personal Data in compliance with this Privacy Policy and applicable law.
TERMS OF USE
GKTW.org is a website (“Site”) of Give Kids the World, Inc. When we use the terms "GKTW", "we", "us", or "our", we refer to Give Kids the World, Inc., including Give Kids The World Village (collectively, “Our Organization”).
1. USE OF THE SITE
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE AND THE TERMS OF OUR PRIVACY & SOLICITATION POLICY BEFORE USING THIS SITE OR ANY OF OUR SITES, OR ANY GOODS OR SERVICES FROM OUR SITE.
By using this Site, including downloading or accessing Materials, ordering products or otherwise using the Services, you agree to be bound by, and acknowledge your acceptance of these Terms of Use. From time to time, we may update these Terms of Use. We encourage you to periodically review these terms for any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on the Site on the date you use the Site and/or any part of the Service. Your use of the Site, and/or any part of the Service, indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.
2. DESCRIPTION OF SITE AND THE SERVICE
We may provide, through the Site, services (defined herein as “Services”) that include without limitation the following:
(a) provision of the Site and other online services and Internet sites;
(b) display, performance, provision, and use of: information such as educational, promotional, product, pricing, marketing, volunteering, fundraising, giving, partnerships, events, employment, family stays, charitable donations, wish granting organization opportunities, nonprofit entities, news or other valuable information ("Information"); copyrighted works, photographs, text, music, video, sound, graphics, messages, and other Materials, including Our Materials and Third Party Materials ("Content"); and our and Third Parties' Trademarks; and
(c) offering of products for sale.
You can contact us about this Site or about accessing and changing any personal information you provide at this Site through the contact us link on the Site, located at https://www.gktw.org/contact/index.php.
3. OWNERSHIP OF INTELLECTUAL PROPERTY OF THIS SITE AND MATERIALS
3.1. Trademarks, Copyright and Intellectual Property Ownership.
We use names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the Site or with the Service, including but not limited to, GIVE KIDS THE WORLD VILLAGE, ICE CREAM FOR BREAKFAST, HOPE IN ONE, GIVE KIDS THE WORLD, CHALLENGE FOR HOPE and MAYOR CLAYTON ("Our Trademarks”). We own Our Trademarks and all Content (subject to some Content being licensed from a Third Party), and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Service (collectively, "Our Materials”). Also, third parties have allowed us to post or use their materials and Trademarks on the Site ("Third Party Materials"). We refer to Our Materials and Third Party Materials collectively as the "Materials."
3.2 Copyright Notice.
Our Materials contained on the Site are copyrighted materials of Give Kids The World, Inc. Copyright © 2019 Give Kids The World, Inc. All rights reserved.
We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site and Services. We maintain all of the web pages of the Site as a collective work under the U.S. copyright laws and protect the Site and Materials under trademark and other intellectual property laws.
3.3 Rights in Materials.
By using or accessing the Site or Services, you do not acquire any rights or interest in any Materials. The only rights you can gain are those we explicitly grant to you through these Terms of Use. We reserve all rights that we do not expressly grant to you.
You agree not to display, use (including co-branding your owns goods or services with our Trademark), remove, or alter Our Organization’s or Third Party Trademarks, Content or other Information without prior written consent.
You also agree that any use by you, or on your behalf, of our Trademarks, and the goodwill associated therewith, shall inure to our benefit.
4. GENERAL USE RULES
By using or accessing the Site or Services, you agree to adhere to the following General Use Rules. We reserve the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Service for violation of any of the following General Use Rules.
(a) You agree not to use obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available, any such content or materials onto any of the Site.
(b) You agree not to post or communicate infringing material or harassing communications or advertisements. You also agree not to post, communicate, upload, e-mail, transmit, distribute, or otherwise make available:
- any material or content that infringes and/or violates any rights of a third party (including its intellectual property, data or other proprietary rights), or any law, regulation or ordinance;
- any harassing, slanderous, libelous or derogatory information or content, or
- any advertisements for products or services, "junk mail", spam, chain mail, pyramid schemes, or other form of commercial or illegal solicitation;
(c) You agree not to use the Site for commercial purposes of any kind;
(d) You agree not to harm, or attempt to harm, lure or deceive minors in any way by your use or access of the Site or Services;
(e) You agree not to create or use a false identity for the purpose of misleading others;
(f) You agree not to collect or store personal data about other users; You agree to respect the privacy of others; You agree not to post or disclose private information, relating to any other person.
(g) You agree not to post or distribute any software or other materials that contain a virus, worm, trojan horse or other harmful or disabling code or component;
(h) You agree not to interfere with, or disrupt, the operation of the Site and/or the Service, or with servers or networks connected to, or used in connection with the operation of the Site;
(i) You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site; and
5. RESTRICTIONS ON USE OF CONTENT, MATERIALS AND MARKS.
Your use of the Site is strictly and exclusively limited to personal, non-commercial use. Your use is also subject to Our and Third Party Intellectual Property Rights. Except as expressly authorized in these Terms of Use, you agree that:
- You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit, or create derivative works from any Materials displayed on, or made available through the Site, or in connection with the Service, in whole or in part, by any means now known or later developed;
- You will not modify, decompile, or reverse engineer any part of the Site;
- You will not copy, post or transmit any Materials that you receive from, access, or retrieve from, the Site or through the Service, to any server, or network of computers;
- You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Materials, including any copies of the Licensed Materials that you download and/or distribute; and
- You will not frame the Site within a mark other than that of our Organization.
5.1 Proper notice required.
Any authorized uses of Our Materials, including any authorized reproduction, transmission, broadcast or adaptations permitted under these Terms of Use, must contain the following Copyright notice:
"Copyright © 2019 Give Kids The World, Inc. All rights reserved. Used by permission."
All other copyright notices and Trademark notices should be maintained and displayed, as displayed on the Site or on the relevant work, or as otherwise instructed by us.
6. LIMITED LICENSE FOR DOWNLOADABLE MATERIALS.
6.1 Downloadable Materials.
We may identify certain materials on our Site as being downloadable ("Licensed Materials"). You may download one copy of these identified downloadable materials subject to the restrictions of the Terms. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license to view, print, and make one copy of the Licensed Materials for only informational, educational, non-commercial, personal purposes and without alteration of the materials (the "License"). You can use the Licensed Materials only in the format in which we make them available on the Site for download, and only in authorized distributions.
The License is subject to the following additional restrictions:
(a) You cannot charge or collect any Distribution Fee for the distribution of any of the Licensed Materials. The term "Distribution Fee" means any and all payments of monies, fees, royalties, remuneration, donations, gifts or other consideration, whether in cash or like-kind, received by, paid to, owed to, on or behalf of, a user or a distributor that arise from, or are in any way related to the provision, transmission, distribution, sale, license, lease, rental or other use of the Licensed Materials, including specifically without limitation, any fundraising activities;
(b) All copyright, trademark or other proprietary notices that appear on the Licensed Materials, together with the permission notice, must appear on all copies of the Licensed Materials that you make or distribute;
(c) You shall not use, copy or distribute any graphics comprising part of the Licensed Materials separate from accompanying text;
(d) You shall not use the Licensed Materials in connection with, or in relation to, any fundraising activities;
(e) You shall not use the Licensed Materials in a manner that suggests an association with or endorsement by us, or any of our products, services, or brands; and
(f) You shall not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from any of the Sites.
6.2 Download of General Content.
For the materials not clearly identified and intended as downloadable materials ("General Content") we grant you a limited, non-exclusive license to print one copy of the General Content, without alteration for your use for informational, non-commercial, private or personal purposes only. No other use of downloaded General Content is allowed unless specifically allowed on the Site. You shall not copy any of the General Content or Materials or Content on our websites, onto another website. You may, however, access the Materials or Contents of our websites through a hyperlink.
6.3 Reservation of Rights.
We reserve any rights not expressly granted herein.
6.4 Termination of License.
We may terminate the License and any of the rights at any time by providing notice of termination on the Site or directly to you as a user. Further, the License shall automatically terminate without notice if you breach any of the terms or conditions of the License or these Terms of Use. Upon termination of the License, you agree to immediately destroy, and cease all use or distribution of, any downloaded, printed or electronically stored copies of the Licensed Materials or General Content.
7. PERSONAL INFORMATION AND PRIVACY OF INFORMATION
7.1. Provision of Your Personal Information.
As a user of the Site, you can visit certain areas of the Site without revealing any information about yourself. In other parts of our Site, you may be required to provide information for certain purposes, including registering for a service, completing a transaction, making a donation, sending correspondence, purchasing or ordering a product or gaining access to a portion of the Site or a Service. Any information you provide to the Site is governed by our Privacy & Solicitation Policy.
7.2 Accuracy of Personal Information.
In operating our Site, we seek to provide valuable information, and we value accurate and honest communication. In using the Site, you agree to provide true, accurate, current and complete information about yourself or other data and materials you provide. It is your responsibility to maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the Site and/or the Service. As part of your use, you agree to maintain and promptly update the Registration Data, and any other information you provide and to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Service.
7.3 Use by Minors.
We do not collect personal information from children under the age of 13 beyond what is necessary for them to participate in our online or other activities, such as registering for an event or downloading materials. If we discover that we have accidentally collected personal information from a child below the age of 13, we will delete it from our records as soon as reasonably possible.
If a child, under the age of 16 in the EEA, or under the age of 13 elsewhere, attempts to register with one of our Digital Tools, purchase products or materials, or participate in an activity requiring the submittal of personally identifiable information, a parent or guardian must give permission and consent for that child to provide information and register. The only personal information we collect from a child is information that is necessary for the child to participate in activities, such as an address for making a purchase. Parents have the right to request at any time that the information collected about their child is removed from our database.
A parent of any minor providing information to our Site can:
(a) ask to review any personal information about his/her child that we may have collected at the Site; and/or
(b) request that we delete this information (if we still have the information in our databases).
If you are a parent and wish to exercise this right, simply contact us at the contact information listed on the site and provide your child’s log-in name and proof of your identity in relationship to the child. For more information, please refer to our Privacy Statement.
In the absence of parental permission, you certify by using the Site or any part of the Service, that you are at least 16 years of age. If you are ordering or purchasing any product, you agree that you are 18 years of age, or at least the age of majority for purposes of entering into an enforceable contract in the jurisdiction in which you reside.
8. ACTIVITIES WITH THIRD PARTIES ON OR FROM THE SITE
8.1 Linking to Third Party Sites from Our Site.
From time to time, we may provide links on the Site that will allow you to connect with web sites of third parties that are not under our control. We are providing these links only as a convenience to you. Further, there may be times while in the Site that you could be directed to sites that are beyond our control. This includes links from other organizations, sponsors or volunteers that may use our logo(s) as part of an agreement with us. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
8.2 No Warranties.
WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT OF, OR THE PRIVACY PRACTICES OF, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS, MATERIALS OR SERVICES THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM ANY OF OUR SITES EVEN IF WE PROVIDE LINKS TO SUCH SITES ON THE SITE. WE ACCEPT NO RESPONSIBILITY FOR, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OR LIABILITY RELATING TO, THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIALS DISPLAYED ON, OR CONTAINED IN, WEB SITES LINKED TO, OR TO WHICH YOU ARE DIRECTED FROM, ANY OF THE SITES. YOU ACCESS AND USE SUCH WEB SITES, AND THE SERVICES PROVIDED IN CONNECTION THEREWITH, AT YOUR OWN RISK.
8.3. No Endorsement.
Links to other websites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those websites, nor does the existence of a link to another of our Sites imply that the organization or person publishing at that Site endorses any of the materials or ideas at our Site. We reserve the right to disable links from third party sites to any of our Sites at any time without prior notice.
8.4 Rules for Linking to Our Site.
We may provide the option for you to post a link to our site from your website or other third party sites. We reserve the right to, at any time and without prior notice, ask you to remove the link should we determine it to have a negative effect on our website, search engine results or other negative impact on our visitors. You agree to remove the link immediately upon request.
9. PRODUCT SALES, DONATIONS AND FEES
9.1 Product Sales and Availability.
We may sell certain products and materials on our Sites. All prices for products and materials sold through the Site are quoted in U.S. Dollars, and are valid and effective only in the United States at the time of posting. If we provide products or materials for delivery to certain locations outside the United States, we reserve the right to charge a higher price, or additional fees, for such products. We reserve the right to, at any time, and without prior notice, discontinue or change information, availability and pricing on any product or Materials on our Site, without incurring any obligations to you or any other party. You are responsible for any applicable use taxes of your jurisdiction imposed as user or buyer of products or services.
9.2. Third Party Sales.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OR QUALITY OF ANY PRODUCTS, MATERIALS OR SERVICES THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM ANY OF THE SITES, OR AS A RESULT OF THIRD PARTY CONTENT (INCLUDING ADVERTISEMENTS OR SPONSORSHIPS) POSTED, DISPLAYED OR INCLUDED ON ANY OF THE SITES. WE DO NOT ENDORSE ANY OF THE PRODUCTS, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN SUCH THIRD PARTY SITES OR CONTENT (INCLUDING ADVERTISEMENTS).
YOU HEREBY IRREVOCABLY AND FOREVER RELEASE AND WAIVE (ON BEHALF OF YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVE, AND PERMITTED ASSIGNS) ANY CLAIM AGAINST US RELATING TO, OR ARISING OUT OF, (A) THE OPERATION OR DISPLAY OF ANY THIRD PARTY WEBSITES AND THIRD PARTY CONTENT, WHETHER OR NOT SUCH WEBSITES AND CONTENT ARE ACCESSIBLE THROUGH, OR DISPLAYED ON, THE SITE; (B) YOUR ACCESS OR USE OF ANY THIRD PARTY WEBSITE OR THIRD PARTY CONTENT; AND (C) ANY AND ALL PRODUCTS OR MATERIALS THAT YOU PURCHASE FROM ANY THIRD PARTY WEBSITE, EVEN IF SUCH PRODUCT IS ADVERTISED ON THE SITE.
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ON-LINE OR OFF-LINE TRANSACTION WITH THE OPERATOR OR OWNER OF A THIRD PARTY WEBSITE OR THE PUBLISHER OR OWNER OF ANY THIRD PARTY CONTENT DISPLAYED ON THE SITE.
9.3 Ownership of Third Party Materials
Third Party Materials are owned, or licensed by the owner thereof, and, where necessary, we use such Third Party Materials with the permission of the owner. Unless we expressly indicate in these Terms of Use, you have no rights or interest in any Third Party Materials. All rights relating to these materials are reserved to their owner.
9.4 Donations.
Donations made through our Site are verified, secure and confidential. Like any tax-deductible charitable contribution, any electronic giving made through our Site by credit card or electronic transfer is considered made and irrevocable at the time the contribution is submitted on our Site. For further information or questions concerning donations you may contact us at 1-800-995-KIDS or visit our website at: https://www.gktw.org/help/give.php
9.5 Credit Cards.
We take the issue of your privacy seriously. All credit card information submitted is protected by SSL (Secure Sockets Layer) encryption or similar technology. We provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. All credit card payments are processed using PCI compliant technology, to ensure that your credit card number is securely passed to the merchant. We do not store your credit card details. These merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you.
10. DISCLAIMERS.
10.1. EXCEPT FOR THE LIMITED WARRANTIES OTHERWISE EXPRESSLY STATED AND DISPLAYED ON THE SITE RELATING TO CERTAIN PRODUCTS THAT WE SELL THROUGH THE INTERNET STORE, YOUR USE OF THE SITE, THE SERVICE, ALL CONTENT, ALL INFORMATION, AND ALL MATERIALS ARE OFFERED ON AN "AS IS" BASIS, "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, ALL INFORMATION, CONTENT, MATERIALS, THE SOFTWARE, AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR THAT ANY OF THE SITE, INFORMATION, CONTENT, MATERIALS, THE SERVICE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR MATERIALS POSTED ON OUR SITE.
10.2. WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH OUR SITE, OR ON SITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF ANY OF THE SITES, ANY PART OF THE SERVICE, AND/OR ANY INFORMATION, CONTENT, AND/OR MATERIALS.
10.3. AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE-SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SERVICE; AND/OR (C) YOUR ACCESS TO THE SITE OR ANY PART OF THE SERVICE.
10.4 WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON OUR SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE, ACCURATE, COMPLETE OR THAT OUR SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE.
11. LIMITATION OF LIABILITY.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, ANY OF OUR SITE, ANY INFORMATION, ANY CONTENT, ANY MATERIALS, AND/OR THE SERVICE, OR ANY PART THEREOF, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING ANY OF THE SITE AND/OR FOR USING THE SERVICE OR ANY PART THEREOF. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SITE AND/OR SERVICE, IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM, WITH OR AGAINST OUR ORGANIZATION WITH RESPECT TO THESE TERMS OF USE OF ANY OF THE SITE OR ANY PART OF THE SERVICE, THEN YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE SITE AND/OR THE SERVICE.
12. INDEMNITY.
You are entirely responsible for maintaining the confidentiality of all passwords and all accounts that you establish in conjunction with your use of our Sites or the Service ("Your Accounts"). You are solely responsible for all activities that occur under, or relating to, your passwords and Your Accounts, and for your use of any of our Site and any part of the Service.
You hereby agree to indemnify, defend, and hold us, and our affiliates, our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties"), harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:
(a) any breach by you of these Terms of Use;
(b) any unauthorized use by you of any Information, Content, Materials, our Site, or any part of the Service;
(c) your use of our Site and/or any part of the Service; and
(d) all activities relating to, or conducted under, your passwords and/or Your Accounts.
You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you. You agree that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
13.1 Unless otherwise specified, the Site, the Information, Content, Materials and the Service are presented solely for the purpose of understanding, and promoting certain our Organization and certain programs, and other products and services available in certain countries. Our Organization has its headquarters in Kissimmee, Florida, USA. If you access any of our Sites from outside the United States, be advised that the Site may contain references to Information, Content, Materials, Services, products and other information and materials that may not be available, or may be prohibited, in your country. We reserve the right to limit the provision of any of our Site, any Content, any Information, any Materials, and any part of the Service to any person, geographic area or jurisdiction we so choose in the exercise of our sole discretion. The Service, or any part thereof, is void where prohibited.
13.2 You agree to comply with all local rules regarding the use of our Site, any Information, any Content, any Materials, and any part of the Service, including any local rules regarding acceptable online conduct. You also specifically agree to comply with all applicable laws regarding the transmission of technical data or other information exported from the United States or the country in which you reside.
13.3 Software used in association with the Site and the Service may be further subject to United States export controls. No software may be downloaded, or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing, downloading or using the Software, or any other materials relating to the Site that are subject to United States export controls, you represent and warrant to us that you are not located in, or a resident or national of, any of the countries identified in subsection (a) of this Paragraph
13.3, and that you are not acting on behalf of, or under the control of a national or resident of any such country, or any person described in subsection (b) of this Paragraph 13.3.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of our Site and the Service, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of the Site should be sent to our Organization's Designated Agent. Our Organization's Designated Agent is:
Ian Cole at Dream@GKTW.org
Give Kids The World, Inc.
ATTN: Ian Cole
210 South Bass Road
Kissimmee, FL 34746
15. TERMINATION.
These Terms of Use, as may be modified from time to time by us, are effective until we provide notice of termination thereof on our Site. You agree to be bound by the Terms of Use as displayed on each of our Sites at the time you use such Sites and/or any part of the Service provided in connection therewith. You may not terminate any provision of these Terms of Use. Your sole and exclusive remedy is to discontinue your access and use of all our Sites and the Service, and to destroy all Materials and other items obtained from any and all of our Site, whether pursuant to the License, or otherwise, together with all related documentation and all copies and installations thereof, except for purchased products. We may terminate your access to any and all of our Sites, and/or any part of the Service, at any time in our sole discretion, and we reserve the right at any time to discontinue the operation of any of our Sites, and/or the provision of any part of the Service. We may immediately terminate your right to access and/or use any of our Site and/or the Service, without notice, if, in our sole discretion, you fail to comply with any provision of these Terms of Use.
16. GENERAL PROVISIONS.
16.1 You acknowledge and agree that the unauthorized use of our Site, Information, Content, Materials, and/or any part of the Service could cause irreparable harm to us and/or organizations or individuals that may be associated with us worldwide. Accordingly, you agree that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
16.2 We may at times send you information by e-mail that we believe will be of interest to you. If you register at any of our Sites, and you do not want to receive e-mails from us, please let us know by responding to the unsubscribe action in the message received or contacting us through information provided on the website.
16.3 These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity, and/or any claim arising out of or relating to these Terms of Use, our Site, the Service, and/or your access, and/or use, of any of our Site or the Service, shall be filed and litigated only in the state or federal courts located in Orange County, Florida. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action or claim.
16.4 These Terms of Use, as may be amended by us from time to time, constitute our entire agreement with respect to your use of any of the Site and the Service. These Terms of Use supersede all prior agreements, understandings and representations between us with respect to your use of the Site and the Service. You cannot amend or alter the terms of these Terms of Use.
16.5 These Terms of Use, including the License, are personal to you, and neither can be assigned by you. You agree not to allow any other person to access and/or use any of the Site or the Service unless such other person agrees to be bound by all of the provisions of these Terms of Use. You further agree to assume all responsibility and liability arising from any third party access to, or use of, any of the Site and/or the Service (a) using, or under, any of Your Accounts, or any of your passwords; and (b) that you permit, knowing that such third party has not agreed to be bound by all of the provisions of these Terms of Use.
16.6 If any provision of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties.
16.7 Our failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation of these Terms of Use, or to penalize you for any further violations of any provision of these Terms of Use, does not constitute a waiver and does not limit our right to future enforcement or remedies.
16.8 All of the provisions of these Terms of Use, which by their nature, survive the termination of these Terms of Use, shall so survive.
SOLICITATION DISCLOSURE
Financial information about Give Kids The World, Inc. can be obtained by writing the organization at 210 South Bass Road, Kissimmee, FL 34746. In addition, several states where Give Kids The World, Inc. is required to file financial information each year also require the following disclosures.
Colorado: Colorado residents may obtain copies of registration and financial documents from the office of the Secretary of State, (303) 894-2680, http://www.sos.state.co.us/.
Florida: Registration No. CH871. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-435-7352, OR FROM THE DIVISION OF CONSUMER SERVICES’ WEBSITE, www.800helpfla.com.
Georgia: A full and fair description of the programs and activities of Give Kids The World, Inc. and its financial statements are available upon request at the address indicated above.
Maryland: For the cost of postage and copying, documents and information filed under the Maryland charitable solicitation law can be obtained from the Secretary of State, Charitable Division, State House, Annapolis, MD 21401, (800) 825-4510.
Michigan: MICS No. 9983.
Mississippi: The official registration and financial information of Give Kids The World, Inc. may be obtained from the Mississippi Secretary of State's Office by calling 1-888-236-6167. Registration with the Secretary of State does not imply endorsement by the Secretary of State.
New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.njconsumeraffairs.gov/ocp.htm#charity. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
New York: A copy of the latest annual report can be obtained from the organization or from the Office of the Attorney General by writing the Charities Bureau, 120 Broadway, New York, NY 10271.
North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989 (within North Carolina) or 919-807-2214 (outside of North Carolina). The license is not an endorsement by the State.
Pennsylvania: The official registration and financial information of Give Kids The World, Inc. may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800- 732-0999. Registration does not imply endorsement.
Virginia: Financial statements are available from the State Office of Consumer Affairs, P.O. Box 1163, Richmond, VA 23218. Washington: The notice of solicitation required by the Charitable Solicitation Act is on file with the Washington Secretary of State, and information relating to financial affairs of Give Kids The World, Inc. is available from the Secretary of State, and the toll-free number for Washington residents: 1-800-332-4483.
West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. REGISTRATION IN THE ABOVE STATES DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION OF GIVE KIDS THE WORLD, INC. BY THE STATES.