Last Revised: 01/01/2021
The United States Foundation for the Commemoration of the World Wars, DBA The Doughboy Foundation (“we” or “us” or “our”) operates the website at https://Doughboy.org and its subpages, subdomains desktop and mobile versions, including all content, materials, products, features, applications, functionality and services made available on such website (the “Website”).
Please read these Terms carefully. You are entering into a legally binding agreement (even if you are using the Website on behalf of a company or organization). Your use of the Website constitutes your consent to these Terms.
By using this Website, you represent, warrant and acknowledge that you are located within the United States and are either (i) at least 18 years of age or (ii) between the ages of 13 and 17 (inclusive) and have the permission of a parent or guardian to use the Website and/or are a Campaign Creator, Direct Supporter or a Campaign Supporter. Children under the age of 13 may not use the Website or become a Campaign Creator, Direct Supporter or Campaign Supporter.
The Website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms shall be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Washington, D.C. and you hereby consent to the exclusive jurisdiction of the D.C. and federal courts sitting there. Any use of the Website outside the United States is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
If you are utilizing the Website on behalf of a business entity or organization, you represent that you have the authority to bind the entity to these Terms and to agree to all of the provisions of these Terms and by utilizing the Website you legally bind the business entity.
We have the right to determine who is eligible to use the Website and can change our eligibility criteria at any time.
3. Changes to Terms and the Website
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. We may change these Terms by notifying you of such changes by any reasonable means, including by posting revised terms through the Website, or, if we think the changes will be materially detrimental to you and we have your email address, then by emailing you via the email address you provided us.
You can determine when the Terms were last revised by referring to the “Last Revised” legend above indicating when the Terms were last changed. If you use the Website after the amended Terms have been posted, you will be deemed to have agreed to amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.
We may, at any time and without liability, modify, suspend or discontinue the Website (including access to the Website via any third party links) at our discretion.
4. Your Account
We may invite you to create an account on the Website. If we invite you to create an account and you do not register, you may not be able to use certain features or functions available on the Website, such as some fundraising features. If you do register, you agree to provide true, accurate and complete information about yourself and the entity you represent. You also agree to update your information to maintain its accuracy and completeness.
You agree that you are solely responsible for maintaining the confidentiality and security of your Website login information (such as any username or password). We are not responsible for any unauthorized use of your login information, and you must promptly notify us of any confidentiality breach or unauthorized use of your login information or your Website account.
We may terminate or suspend your use of the Website at any time and without prior notice, including if we believe that you have breached these Terms or have acted inconsistently with your rights or obligations under these Terms. All provisions of these Terms survive if we do so. Upon any such termination or suspension, your right to use the Website will cease, and we may, without liability, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials.
5. Use of the Website
The Website is for your personal, non-commercial use only, except as expressly specified in Section 12 below regarding creating a Campaign through the Website.
You are solely responsible for procuring, at your own expense, all equipment, systems and technology necessary to use the Website, including a web browser, computer, modem and Internet access.
When using the Website, you agree not to (or not to attempt to):
i. Use the Website for any person other than yourself;
ii. Access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
iii. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;
iv. Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;
v. Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;
vi. Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect our Website;
vii. Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website;
viii. Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to our or third-party content from the Website; or
ix. Post a Campaign photo that includes our organization branding (including our name, logo and other visual representations of us) or include our organization name in a Campaign title without specific, written permission from us;
x. Encourage or enable any other individual to do any of the foregoing.
Notwithstanding the foregoing, and subject to compliance with any instructions posted on [robots.txt] file located in the Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials, which may only be created with our written permission. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
6. Your Materials
The Website may allow you to upload, display, post and/or distribute certain information, text, data, photographs, audio, video, images, graphics, links, logos and other content or materials to the Website (“Your Materials”). Your Materials may include any feedback you post in response to articles that we publish, the text you submit to us to post on your Campaigns, your Campaign profiles or content that you include when you make a particular donation.
If you upload, display, post, view, copy or otherwise make Your Materials available via the Website, you must do so in accordance with these Terms and all applicable laws.
You will retain ownership of Your Materials. However, by making Your Materials available via the Website, in respect of Your Materials that you make available:
i. you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicenseable (through multiple tiers) license, without additional consideration to you or any third party, to host, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify (except modifications in the meaning of your expression) and otherwise use and exploit Your Materials, in any format or media now known or hereafter developed, for any purpose;
ii. you hereby permit, but do not require, us to identify you as the provider or author of Your Materials;
iii. you agree that we have no liability or responsibility for the storage or deletion or other use of Your Materials. All users of the Website must comply with these Terms, but if they access Your Materials in violation of these Terms, you acknowledge and agree that we are not liable for their acts or omissions, and you will have no claim against us for other users’ acts or omissions, including their acts or omissions in respect of Your Materials.
We will not include Your Materials in advertisements for the products and services of others without your separate consent. However, we may, without compensation to you, place or post ads near Your Materials.
We may, but are not obligated to, preview or review Your Materials and, in our sole discretion, block or remove from the Website without notice Your Materials that violate these Terms or are otherwise objectionable.
You represent and warrant that Your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party and you have and will maintain all consents, licenses and other authorizations to grant the rights in Your Materials under these Terms.
As part of your use of the Website, you may be communicating with us electronically. You agree that any agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
You also may be asked to elect to receive certain email notifications. Your election to receive such messages represents your express written consent to receiving emails from us. You may opt-out of receiving certain notifications in association with the Website by completing the opt-out process provided to you with each email message.
8. Rights in the Website
We are the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by us or its licensors, including all intellectual property rights therein. You have permission to use the Website on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.
Certain names, logos, and other materials displayed in and through the Website may constitute our trademarks, trade names, service marks or logos (“Trademarks”). You are not authorized to use any such Trademarks without our express written permission. Ownership of all such Trademarks and the goodwill associated therewith remains with us.
Except for your rights in Your Materials as set forth in Section 6, you acknowledge and agree that we retain all right, title and interest in and to the Website and all intellectual property rights therein. Any rights in or to the Website not expressly granted to you in these Terms are reserved by us.
Without limiting the above, you agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, transfer, sublicense or otherwise commercially exploit the Website.
10. Copyright Complaints
We reserve the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. We otherwise comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address:
The Doughboy Foundation, PO Box 17586, Arlington, VA 22216
Attn: Copyright Department; or By e-mail to info@Doughboy.org
As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:
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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email 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.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any notice that fails to comply with the above requirements shall not be considered to either provide us with actual knowledge of infringement or make us aware of facts or circumstances from which infringing material or acts are apparent. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
11. Third-Party Materials; Links
You may have access to certain materials, content, data or products made available by third parties via the Website, including user comments in response to articles or publications that we publish and content contained within Campaigns published on the Website (“Third-Party Materials”). The Website may also allow for the routing or transmission of such Third-Party Materials, including via hyperlinks or third-party websites incorporated into the Website via encapsulation or “iframes”. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.
In the event of a dispute between you and any organizations and/or individual found on or through the Website, including Campaign Creators, Direct Supporters, Campaign Supporters, other Website users, payment providers, you release us, and our affiliates, officers, employees, contractors, agents, successors, and assigns (“Related Entities”) from claims, damages, liabilities and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold us harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to:
i. Any breach by you of these Terms;
ii. Your use of content or data available on the Website in an unauthorized manner;
iii. and/or a violation by you of any and all applicable laws, rules, or regulations.
14. Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES AND GUARANTEES WITH RESPECT TO THE WEBSITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING ANY WARRANTIES OR GUARANTEES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
15. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, OR ANY DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF YOUR MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF YOUR MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
TO THE EXTENT OUR LIABILITY HAS NOT BEEN EXCLUDED OR LIMITED UNDER THESE TERMS, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED AN AMOUNT EQUAL TO ONE HUNDRED ($100). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU
WE ARE NOT INVOLVED WITH THE PROCESSING OR EXCHANGE OF CAMPAIGN DONATIONS AS MAY BE ARRANGED BY THIRD PARTIES ON THE WEBSITE; THEREFORE, WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS ASSOCIATED WITH CAMPAIGN DONATIONS, PROMISED OR OTHERWISE ON THE WEBSITE.
We may assign any of our rights or obligations under these Terms to another party for any reason, without notice to or consent from you. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms, including any terms and conditions incorporated herein, represent the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.
Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. We will notify you in writing via email in the event of a data breach involving Your Information.
Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In these Terms, headings are for convenience only and do not affect the interpretation of these Terms; the singular includes the plural and vice versa; where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; the words “such as,” “including,” “particularly” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation; and no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms.
17. Contact Information
If you have any questions or concerns, please contact us at firstname.lastname@example.org or by mail at:
The Doughboy Foundation
PO Box 17586
Arlington, VA 22216