Welcome to the Behind the Lavalava Foundation website (the “Site”), which is owned and operated by the Behind the Lavalava Foundation, a Utah nonprofit corporation (the “Foundation” or “we”). Your use of the Site is governed by these Terms of Use, which, together with our Privacy Policy, constitute the legal contract between you and the Foundation regarding your use of the Site.

 

Please read this Privacy Policy carefully before using the Site. By using the Site, you accept and agree to be bound by this Privacy Policy.

 

Privacy Policy The Foundation is committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy for details.

 

Changes and Updates We reserve the right to change and update these Terms of Use at any time in our sole discretion. For example, we may amend these Terms of Use to incorporate additional rules and policies as may be established by the Foundation from time to time and/or to comply with or adopt any changes in law or industry practices. If we make changes and updates to these Terms of Use, we will announce and post such changes and updates on the Site for the general public. If you have provided your email address to us, we may also notify you of such changes and updates via email. By continuing to use the Site after such notice, you signify your affirmative consent and agreement to all changes and updates of which you have been given notice.

 

Eligibility Use of the Site is void where prohibited by law. By using the Site, you represent and warrant that: (1) all information you submit to us is truthful and accurate; (2) you are at least 18 years of age when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions. No one under the age of 18 may use the Site.

 

Reservation of Rights Your use of the Site is a privilege, not a right. Accordingly, the Foundation expressly reserves the following rights:

1. The right to suspend, revoke, and terminate your privilege to use the Site at any time and with or without notice, should we believe that you are violating these Terms of Use or any applicable law.

2. The right to terminate your use of the Site should we determine, in our sole discretion, that you are a repeat or knowing copyright infringer.

3. The right to investigate any violation or suspected violation of these Terms of Use and cooperate with law enforcement authorities and/or third parties in such investigation.

 

Prohibited Conduct You may not make any illegal, unlawful, abusive, harmful, or improper use of the Site or any content, or do anything that interferes with other users’ access and use of the Site. Without limitation, you are expressly and strictly prohibited from:

1. Hacking, mail-bombing, flooding, overloading, attacking, or otherwise sabotaging or interfering with the Site or any system, network, or server associated with the Site.

2. Making unauthorized access (including access that exceeds the scope of authorization) to the Site or any system, network, or server associated with the Site, or to any user account on the Site.

3. Using any automated programs, tools, or processes (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any system, network, or server associated with the Site, or to extract, collect, harvest, or gather any content from the Site.

 

Intellectual Property

1. Trademarks The “Behind the Lavalava Foundation” name, logo, and any and all other word, design, and logo marks and slogans of the Foundation, whether existing now or in the future (collectively, the “Foundation Marks”), are trademarks and service marks of the Foundation and are protected by federal, state, and international laws. Except for purposes of making truthful or otherwise lawful references or attribution to the Foundation, you may not use any of the Foundation Marks, or any variations thereof, for any purpose or in any manner without the Foundation’s express prior written permission.

2. Copyrights All content and material residing on and/or associated with the Site, including, without limitation, text, literature, newsletters, publications, articles, editorials, images, photographs, graphics, artwork, animations, audios, videos, audiovisual material, software programs, user interfaces, social media applications, and plug-ins (collectively “Content”), belong to the Foundation and its licensors and are protected by U.S. and international copyrights.

 

You may access and use the Site and Content for personal and non-commercial use only, including downloading, printing, and storing for your own personal and non-commercial use copies of Content made available for download and print, and sharing such copies with family and friends for their own personal and non-commercial uses. Any reproduction, display, performance, distribution, or use of the

 

Site or Content, whether for commercial purposes or otherwise, is strictly prohibited without express permission from the Foundation.

1. User Material As used herein, “User Material” means any written, visual, graphic, pictorial, photographic, audio, audiovisual, or other material furnished to the Foundation by any user of the Site. By furnishing any User Material to us:

• You hereby grant the Foundation a non-exclusive, perpetual, worldwide, royalty-free, sublicensable license to use the User Material to further the Foundation’s purposes and activities.

• You represent and warrant that you own or control all rights to the User Material and that it does not infringe any third-party rights.

• The Foundation reserves the right to remove any User Material that violates these Terms of Use or applicable law.

 

Notification of Copyright Infringement Claims If you believe that your copyright has been infringed by any User Material or Content on the Site, please notify us via email at: behindthelavalavafoundation@gmail.com

 

Third-Party Websites For your convenience, the Site may contain links to third-party websites. Such sites are not owned, controlled, or maintained by the Foundation. The Foundation is not responsible for the content, products, or services on linked third-party sites.

 

Linking to Our Site You may link to the homepage of the Site provided that:

1. Your linking is truthful and non-misleading.

2. You do not use the Foundation’s logo or design marks without permission.

3. You do not link for commercial or fundraising purposes without written approval.

 

Making Donations on the Site By making a donation on the Site, you represent that:

• You are a legal U.S. citizen and at least 18 years of age.

• All information provided is truthful and accurate.

• Donations are not cancelable, refundable, or returnable once processed.

 

Disclaimers The Site and all content are provided “AS IS” and without warranties of any kind. The Foundation disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

Limitation of Liability In no event shall the Foundation or its representatives be liable for any damages resulting from your use of the Site.

 

Indemnification You agree to defend, indemnify, and hold the Foundation harmless from claims arising from your use of the Site.

 

Governing Law These Terms of Use are governed by the laws of the State of Utah. The parties agree that the exclusive venue for any claim related to the Site shall be the courts of competent jurisdiction in Utah.

 

Miscellaneous These Terms of Use constitute the entire agreement between you and the Foundation regarding your use of the Site.

 

Contact Us If you have any questions regarding the Site or these Terms of Use or wish to make a donation, please contact us at: behindthelavalavafoundation@gmail.com.