Terms and Conditions

LAST UPDATED JUNE 30, 2024

Please read these Terms and Conditions of Use carefully. By accessing or using this web site, you agree to be bound by the Terms and Conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use or access this web site.

This web site is operated by The Chloé and Maud Foundation (the “Owner” or “We” or “Us”). These terms and conditions of use (“Terms”) apply solely to your access to, and use of, the chloeandmaudfoundation.org web site operated by the Owner and other Owner sites including mobile sites and applications which link to these Site Terms (the “Sites”). Note that these Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Owner for products, services, or otherwise.

We may change this Statement from time to time. If we make changes, we will notify you by revising the date at the top of the Statement. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. We encourage you to review the Site Terms and applicable policies whenever you access the Sites to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, do not use or access this web site. If you still have any questions or concerns, please contact us at admin@chloeandmaudfoundation.org.

Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Owner’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, and other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Owner or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (s) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of the Owner, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, the Owner has adopted a policy of terminating, in appropriate circumstances and at the Owner’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. The Owner may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Sites infringe upon any copyright which you own or control you may file a notification of such infringement by contacting admin@chloeandmaudfoundation.org.

Hyperlinks

The Owner makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of the Owner and the Owner is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The Owner provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Owner of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and conditions no longer apply. You should review the applicable terms and conditions, including privacy practices, of any site to which you navigate from the Sites.

Third Party Content

We may make third party information and other content available on or through the sites (the “Third Party Content”) as a service to those interested in this information the Owner does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regardings its accuracy or completeness. You acknowledge and agree that the Owner is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. USers use such Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any comments, statements, stories, photographs, video, audio, and/or other recordings or media that you submit to the Owner (the “Submissions”) may be used by the Owner for any purpose and without compensation. In addition, any feedback, questions, suggestions, ideas, or other information or materials regarding the Sites or the Owner that are provided by you in the form of email or other submissions to the Owner, or any postings on the Sites (the “Feedback”), are non-confidential and shall become the sole property of the Owner. The Owner shall own exclusive rights, including all intellectual property rights, in and to all Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose without acknowledgement or compensation to you.

User Content and Conduct

The Sites may include areas in which you or other users may post or upload Submissions and other text, photos, video, messages, information, content or materials on the Sites (“User Content”). You are solely responsible for the User Content you post or upload. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of the Owner, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose the Owner or its users to any harm or liability of any kind.

You further agree that you are solely responsible for your conduct while on the Sites, and you agree that you will not do any of the following in connection with the Sites or its users:

Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Site in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Cheat or utilize unauthorized exploits in connection with the Service;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Harvest or otherwise collect information about users, including email addresses, without their consent;
Use the Sites for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or
Circumvent or attempt to circumvent any filtering, security measures or other features the Owner may from time to time adopt to protect the Sites, its users or third parties.

The Owner takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereof, or for any user conduct, nor is the Owner liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Sites is at your own risk. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at the Owner’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create a private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules.

If you post User Content to the Sites, unless we indicate otherwise, you grant the Owner and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media and for any purpose in connection with the Owner or its projects or initiatives. You grant the Owner and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the sites; (b) the User Content is accurate and not misleading; and © use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Indemnification

You agree to defend, indemnify and hold harmless the Owner, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against the Owner and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Disclaimers

Except as expressly provided to the contrary in a writing by the Owner, the Sites, the Site Materials contained therein and the services provided on or in connection therewith (the “Services”) are provided on an “as is” basis without warranties of any kind, either express or implied. The Owner disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and as to accuracy or reliability of the information, content, forms or other Site Materials accessed through the Site.

The Owner is not responsible for typographical errors or omissions, including those relating to pricing, text or photography. While the Owner attempts to make your access and use of the Sites and Services safe, the Owner cannot and does not represent or warrant that the Sites, the Site Materials or the Server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

The Owner is also not responsible or liable in any manner for any third party activities or events listed on the Sites or for the conduct of any event or activity organizers of other users of the Sites.

The Owner reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Owner.

Limitation of Liability

To the fullest extent permitted by applicable law: (a) in no event shall the Owner or our employees, agents or volunteers be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Sites, the Services, the Content or the Site Materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Owner or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Owner’s records, programs or services; and (b) in no event shall the aggregate liability of the Owner, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites or the Site Materials exceed any compensation you pay, if any, to the Owner for access to or use of the Sites.

Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State applicable to agreements made and to be entirely performed within the state of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the state of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

Notwithstanding any of these Site Terms, the Owner reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of the Sites.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments regarding the Sites may be directed to admin@chloeandmaudfoundation.org.