Oprah’s Angel Network

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

Scope of Terms and Conditions

These terms and conditions apply to your use of this site which is owned and operated by Oprah’s Angel Network (the “site”). These terms and conditions do not apply to your use of other sites to which this site links.

Please note that a different privacy policy applies to Oprah.com, a site to which this site links.

Restrictions on Use of Materials

The contents of this site are protected by copyright and trademark laws, and are the property of its owner. Unless we say otherwise, you may access the materials located within this site only for your personal, non-commercial use. You may neither change nor delete any author attribution, trademark, legend or copyright notice and under no circumstances shall you obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this site.

You must abide by all additional copyright notices or other restrictions contained in this site.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on this site. You may not take any action to interfere with, or disrupt, this site, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.

Links

These terms and conditions apply only to this site, and not to the sites of any other companies or organizations, including those to which this site may link. We are not responsible for the availability of any other site to which this site links. We do not endorse or take responsibility for the contents or materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.

Other sites may link to this site only through a plain-text link. Permission must be granted by us for any other type of link to this site. To seek our permission, you may write to Oprah’s Angel Network, Attention: Online Unit, 110 N. Carpenter Street, Chicago, IL 60607. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this site, at our discretion at any time.

Submissions

We welcome your comments about this site; however, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any unsolicited original creative ideas, suggestions or materials. Certain sections of this site do invite you to submit your story. In the event that you send us any stories, essays, photographs, quotes, testimonials, ideas, suggestions and any other materials of any kind whatsoever submitted (hereinafter, the “Submissions”), regardless of whether they are solicited or unsolicited, the Submissions are subject to the following Terms and Conditions of Submission:

1. Neither Oprah’s Angel Network nor any of its affiliated companies or entities (for clarification purposes, affiliated entities as used herein shall include but not be limited to any Oprah Winfrey –owned or –controlled entities) are obligated to use or pay you for any stories, essays, audio, video, photographs, quotes, testimonials, ideas, suggestions and any other materials of any kind whatsoever submitted (hereinafter, the “Submissions”).
2. All Submissions shall become the property of Oprah’s Angel Network, may be edited for length, clarity and/or functionality, will not be subject to any obligation of confidentiality, will not be returned to you, may be added or removed from the site at any time, may be shared with and used by the staff of Oprah’s Angel Network and any of its affiliated entities, and may be shared with legal authorities if Oprah’s Angel Network, in its sole discretion, believes it warranted. Neither Oprah’s Angel Network nor any third or other party with whom Oprah’s Angel Network shares the Submissions shall be liable for any use or disclosure of any information or Submission that you submit.
3. By providing the Submission, you represent and warrant that you have the necessary rights in the Submission for the grant of rights hereunder.
4. Oprah’s Angel Network shall exclusively own all known or later existing rights to the Submissions worldwide and shall be entitled to the unrestricted use and re-use of the Submissions for any purpose, including promotional or fundraising purposes, in all media now known or hereafter discovered without compensation or notice of use to the provider of such Submissions.
5. If your likeness or image appears in your Submission, you hereby grant Oprah’s Angel Network, its affiliated entities and their licensees the right to use your likeness or image, as it is contained in the Submission, for any purpose whatsoever, including promotional and fundraising purposes. Further, you consent to your name and geographic location possibly being published in connection with the publication, distribution and/or broadcast of your Submission(s).
6. You must register in accordance with instructions that you will find on this site and be logged into your account in order to provide any Submission.
7. Oprah’s Angel Network reserves the right to change due dates for Submissions, or other specifics, as it deems necessary in its sole and exclusive discretion.
8. By providing the Submissions, you represent and warrant that you are at least thirteen (13) years old. Further, if you are under the age of eighteen (18), you represent and warrant that you have obtained the consent of your parent or legal guardian to provide the Submissions to Oprah’s Angel Network and that your parent or legal guardian has agreed to all of these Terms and Conditions of Submission.
9. It is possible that similar Submissions may be submitted to Oprah’s Angel Network by multiple sources and that a Submission may be similar to ideas generated or developed independently by employees of Oprah’s Angel Network or its related entities.
10. No Submission may contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any law, any intellectual property or other property or other rights, or is known to be false or misleading.
11. By providing any Submission, you represent and warrant that any “moral rights” in the Submission have been waived.
12. Oprah’s Angel Network cannot review or reply to all Submissions sent to us or guarantee that your Submission will be or will be immediately read.
13. Your use of the site’s Submission feature is governed by the site’s Privacy Policy and these Terms of Use.

Forums

A “forum” means any user comment forum, or other interactive service appearing on this site (other than the story submission feature described above) and includes public boards. You must register on this site and be logged into your account in order to contribute to any forum and comply with the House Rules or any other applicable policies, rules, laws and regulations. You may not post on any forum, or send to any other forum user or to any of our employees, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds or that advertises or solicits goods or services. You may not post material known or believed to be false or misleading. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

The opinions expressed in any forum on this site are not necessarily those of Oprah’s Angel Network or our affiliated entities. All statements, content, advice, and opinions provided by members in any forum on this site are those of such members only, and Oprah’s Angel Network neither endorses nor shall be held responsible for the reliability or accuracy of such comments or postings. We are not responsible for material appearing in any forum on this site, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, errors, omissions or for any other reason. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained in any forum on this site. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, inaccurate, stale, or otherwise unacceptable or that violate site or policies of Oprah’s Angel Network, these Terms of Use or any other agreements between the user and the policies of Oprah’s Angel Network and/or its related entities. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on this site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated entities (including but not limited to The Oprah Winfrey Foundation and The Oprah Winfrey Leadership Academy Foundation) a royalty-free, worldwide, perpetual, nonexclusive right to use your questions, comments, stories, photos, postings, and any other submitted materials in their original or edited form, in this site and any other site, books, articles, commentaries, video or television programs, or in any other medium now known or later developed, including for fundraising or promotional purposes. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us or our permitted licensees will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived.

You are not entitled to any compensation or notice for any materials you may post or otherwise submit on this site.

Information, including any information which can be used to identify a specific individual, such as a name, address, telephone number, or email address(“Personally Identifiable Information”), which is posted in a forum on this site may be accessible to other members participating in that forum, including people you may not know and whose actions Oprah’s Angel Network may not control. Making this Personally Identifiable Information available in a forum on this site may result in receiving “spam” or unsolicited communications and members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information. Oprah’s Angel Network has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through a forum or any other part of this site. IF YOU CHOOSE TO MAKE ANY INFORMATION PUBLICLY AVAILABLE ON THIS SITE, YOU DO SO AT YOUR OWN RISK.

You are solely responsible and liable for (and Oprah’s Angel Network shall not be responsible or liable for) your interactions with other members using this site. Oprah’s Angel Network is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise, between you and any other forum user or general user of this site, or any disputes arising therefrom.

Registration

If you access this site anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on this site or portions of the site or to submit stories or comments, you will be required to register and create an account by providing specific information and selecting a username and password. You may review, correct, change, or update your account information by editing your member profile. If you have any difficulty updating this information, you can get help by sending an email to info@o-philanthropy.org.

All information you submit about yourself must be truthful, and you may not use any aliases or other means to mask your true identity or impersonate any person, business or entity. Usernames, avatars or other profile information may not be offensive, deceptive, likely to cause confusion or violate any other party’s rights, including but not limited to intellectual property rights and rights of privacy. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. Your password should be safeguarded at all times. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your account information by editing your member profile. You agree not to transfer or sell your use of or access to this site or any of its features (including your username and password) or permit anyone else whose account was suspended or terminated to use the site through your account, username or password.

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms and conditions of use or any of the forum member guidelines or for any other behavior that we, in our discretion, believe is inappropriate.

Disclaimers

OPRAH’S ANGEL NETWORK REVIEWS GRANT RECIPIENTS AND DIRECT CHARITABLE PROJECT PARTNERS. HOWEVER, OPRAH’S ANGEL NETWORK DOES NOT TAKE RESPONSIBILITY FOR ACTIONS OF RECIPIENTS RECEIVING GRANTS OR PARTNERS WITH WHOM IT PARTICIPATES IN DIRECT CHARITABLE PROJECTS.

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL OPRAH’S ANGEL NETWORK OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY OPRAH’S ANGEL NETWORK OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.

You acknowledge and agree that Oprah’s Angel Network and its affiliates are not liable for any loss of data or profit, or from any defamatory, offensive, or illegal conduct of any user of this site. If you are dissatisfied with any material accessible on or through this site, or with any of Oprah’s Angel Network terms and conditions, you should discontinue using this site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

No Personal Advice

The information contained in or made available through this site (including but not limited to information contained on message boards, in text files or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through this site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission

Some of the information available on this site may not be appropriate for children. Further, this Site is not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions and not to help anyone avoid these restrictions.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Jurisdictional Issues

We control and operate this site from our offices in the United States of America. We do not represent that materials on this site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of Illinois and the Federal Laws of the United States, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Chicago, Illinois. This will be the exclusive method of resolving disputes, and you waive the right to bring a civil action. The decision of the arbitrator will be binding. Notwithstanding the foregoing, you agree not to commence or prosecute any suit, proceeding or claim to related to these Terms of Use or this site other than in the federal and state courts located in Cook County, Illinois, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Oprah’s Angel Network is a 501©(3) public charity incorporated in the state of Illinois. A copy of the organization’s 990 tax return may be obtained by e-mailing Oprah’s Angel Network or writing to 110 N. Carpenter Street, Chicago, IL 60607.

Indemnity

You agree to defend, indemnify and hold us, and our officers, directors, employees, agents, affiliated entities and service providers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use or other site policies or rules, (ii) content, information or materials posted or submitted by you, (iii) your use of materials or features available on this site (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via this site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on this site.

If you believe any materials on this site infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• 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
• 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.

All DMCA notices should be sent to our designated agent as follows: Oprah’s Angel Network, Attn: Legal, 110 N. Carpenter St. Chicago, IL 60607; 312-633-1000. It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

(Last modified on March 16, 2010)