Terms of Use

Your use of the web sites and apps on which these terms reside (collectively, the "Platform"), and the features at this Platform are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Platform. The Platform is owned or controlled by Salvation Army National Corporation ("Salvation Army"). This Platform is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to Salvation Army, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law.

From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Salvation Army may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Salvation Army will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. You further agree that Salvation Army will not be liable for any modification or suspension of the Platform.

Salvation Army Content

Content on this Platform that is provided by Salvation Army or its licensors, including certain educational content, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Salvation Army Content") is the property of Salvation Army and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. 

You agree not to download, display or use any Salvation Army Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of Salvation Army, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Salvation Army and/or its licensors, that dilutes the strength of Salvation Army's or its licensor's property, or that otherwise infringes Salvation Army's or its licensors' intellectual property rights. You further agree to in no other way misuse any Salvation Army Content or third party content (collectively, “Content”) that appears on this Platform.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at Richard Allen, The Salvation Army, 440 West Nyack Road, West Nyack, NY 10994, (845) 620-7730, AUPViolation@USE.SalvationArmy.org.

Use of the Platform

The following requirements apply to your use the Platform:

(a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;

(b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;

(c) you will not collect or store personal data about other users;

(d) you will not use the Platform for any commercial purpose not expressly approved by Salvation Army in writing;

(e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;

(f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Posting Policy

From time to time on certain areas of our Platform, certain authorized adult users may be able to submit written posts and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Salvation Army; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Salvation Army, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Platform or features therein. Salvation Army may cancel your account and delete all User Content associated with your account at any time, and without notice, if Salvation Army deems that you have violated these Terms, the law, or for any other reason. Salvation Army assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Salvation Army a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Accounts, Passwords, and Security

Certain areas of the Platform may require registration or may otherwise ask adult users to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all.

If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Salvation Army with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. You agree to notify Salvation Army immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform.

Indemnification

You agree to indemnify and hold Salvation Army, its parents, subsidiaries, officers, employees, and Platform contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Salvation Army or this Platform.

Representations and Limitations of Liability

Salvation Army makes no representations about the accuracy of the information on this Platform or the reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Salvation Army makes no representations regarding the amount of time that any Content will be preserved.

Salvation Army does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Salvation Army without the prior review and written approval of Salvation Army.

THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND CONTENT CONTAINED HEREON) IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SALVATION ARMY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL SALVATION ARMY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SALVATION ARMY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SALVATION ARMY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF SALVATION ARMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. SALVATION ARMY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL SALVATION ARMY OR ANY SALVATION ARMY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

Export Control

Software and other materials from the Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Platform may be downloaded or exported in violation of any such laws. Salvation Army does not authorize the exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States Export laws. In particular, but without limitation, the Platform may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.

Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.

App Platform Users

The use of the app version of the Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Salvation Army, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

Salvation Army may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Salvation Army makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Users of the Apple Platform

If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Salvation Army and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online athttp://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the "Licensed Application" as defined in the LAEULA and Salvation Army is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party's intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Third Party Websites

This Platform may hyperlink to sites and platforms not maintained by or related to Salvation Army. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or Salvation Army, and Salvation Army makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Platform is subject to the terms of that site's privacy policy, and Salvation Army has no control over how your information is collected, used, or otherwise handled.

Location Based Services

This Platform may use location-based services to locate you. If you choose to use the location-based services portion of this Platform, you consent to Salvation Army and/or its third party provider accessing your approximate or exact location. You also grant Salvation Army permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Salvation Army believes you may be interested. For more information, please see our Privacy Policy.

Miscellaneous

Both you and Salvation Army acknowledge and agree that no partnership is formed and neither of you nor Salvation Army has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the State of New York. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

On certain areas of our Platform, adult users may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Platform, and you hereby agree to the terms of that Policy.

If Salvation Army fails to act with respect to your breach or anyone else's breach on any occasion, Salvation Army is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Salvation Army, and is accepted by you upon your use of the Platform. These Terms constitute the entire agreement between you and Salvation Army regarding the use of the Platform. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

You acknowledge and agree that your acceptance of these Terms and your use of the Platform constitutes your “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact us at [insert] to change your communication preferences.