TERMS OF USE FOR compassion.com/logos WEBSITE

Last Modified: October 5, 2016

1. INTRODUCTION AND ACCEPTANCE OF THE TERMS OF USE

Welcome to Compassion’s Logo site – compassion.com/logos (“Site”). This Site is owned and operated by Compassion International® (“Compassion”). These terms of use are entered into by and between you and Compassion. The following terms and conditions, ("Terms of Use"), govern your access to and use of the Site, including any content, functionality and services offered on or through the Site whether as a guest or a registered user. Please read these Terms of Use carefully before using the Site.

BY ACCESSING OR USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND ARE AGREEING TO COMPLY WITH THE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION, WHICH FORM A LEGALLY BINDING AGREEMENT. THE SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

You agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Site and the materials and information available on the Site. You understand and agree that this Site is for Compassion’s supporters that wish to take an active role in activities including but not limited to promoting Compassion, fundraising, generating child sponsorships, and volunteering for Compassion events (“Services”).

Compassion reserves the right to refuse, restrict or terminate access to the Site or any portion thereof at any time for any reason.

2. USER REGISTRATION

Prior to logging on and using the Site, you will be required to register as an authorized user by submitting your name and email address. When you register to become an authorized user of the Site, you represent and warrant to Compassion that: (a) you are using your actual identity; (b) you will maintain and promptly keep that information up to date; (c) you are of sufficient legal age (in your state/province or territory of residence) and mental capacity to enter into these Terms of Use or are authorized by your parent or guardian to use the Site; (d) you have the authority on behalf of your organization to enter into these Terms of Use, and you have read and understand these Terms of Use and agree to bound by them; and (e) you have no personal or proprietary interest in the Site or its content. If you do not meet all of these requirements, you must not access or use the Site.

3. CHANGES TO THESE TERMS OF USE

Compassion reserves the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version on the Site. These changes will be effective as of the date Compassion posts the revised version on the Site. Your use of the Site following any such change constitutes your agreement to be bound by the revised Terms of Use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality, (including but not limited to all information, software and code, text, images, logos, illustrations and graphics published on the Site ) (collectively, the “Content”), are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. All of the rights in the Site, including all of the rights in the Content, are owned by Compassion or its licensors, and other third parties. The Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Compassion or one of its subsidiaries owns the copyright in the selection, coordination, arrangement and enhancement of the Site.

5. COMPASSION TRADEMARKS

The trademarks, service marks, logos and other branding materials made available on the Site (“Trademarks”) are registered and unregistered trademarks of Compassion. Subject to these Terms of Use and any other agreement between you and Compassion, Compassion grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Trademarks for the sole purpose of your use in promoting the mission of Compassion. The Trademarks may be modified, added to, or deleted by Compassion from time to time in its sole discretion. Without limiting the foregoing, Compassion reserves all rights other than those expressly granted in these Terms of Use, and no licenses are granted except as expressly set forth herein.

You recognize that the Trademarks possess a unique character, which makes it difficult to assess the monetary damages Compassion would sustain in the event of unauthorized use. You acknowledge that such unauthorized use would cause Compassion irreparable injury. In the event of any actual or threatened unauthorized use or disclosure of the Trademarks, Compassion will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.

You acknowledge Compassion’s ownership of the Trademarks and will not: (a) challenge Compassion’s ownership of the Trademarks; (b) attempt to register the Trademarks or any marks confusingly similar thereto in any jurisdiction in the world; (c) alter or add to any of the Trademarks, or (iv) use the Trademarks other than as expressly authorized in these Terms of Use. You will ensure that all displays of the Trademarks are exact copies, in all material respects, of the then current Trademarks made available on the Site. All of your use of the Trademarks inures solely to the benefit of Compassion.

You will promptly cease or modify any or all use of any or all of the Trademarks upon receipt of a written request from Compassion, which Compassion may make at any time and for any reason.

6. ACCESS AND USE OF SITE AND CONTENT

Subject to these Terms of Use and any other agreement between you and Compassion, Compassion grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site and download and use the Content for the sole purpose of your use in promoting the mission of Compassion. You agree that when using the Content you will not, except for minor alterations or edits (e.g., retouching, resizing, etc.), edit, alter, modify or translate any of the Content without Compassion’s express prior written approval. Unauthorized use of the Content may be a violation of law which may result in civil and criminal liability. Compassion has the right to enforce its intellectual property rights to the fullest extent of the law.

Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, transfer, sell, or otherwise exploit any Content for any purpose whatsoever without obtaining prior written consent from Compassion.

Your use of the Content may not violate any applicable federal, state, or local or international law or regulation, and when using the Site, you will comply with all applicable federal, state and local laws including, without limitation copyright law and you will abide by Compassion’s standards, policies, and guidelines. Further, you will not misrepresent Compassion in any way, including as part of any use of the Trademarks or the Content and you will not use any of the Trademarks or Content in a manner that is offensive or is unflattering or derogatory to Compassion.

You may not, under any circumstances, (a) decompile, reverse engineer, or disassemble any part of the Site or the Content; (b) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site; (c) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (d) use any device, software or routine that interferes with the proper working of the Site; (e) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (f) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) remove any copyright, trademark registration, or other proprietary notices from the Content. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, exploited or used in any manner or form except as expressly provided in these Terms of Use without first obtaining written permission from Compassion.

7. RESERVED RIGHTS

Except for the limited use rights granted to you in these Terms of Use and any other agreement between you and Compassion, you shall not acquire any right, title or interest in the Site, the Trademarks or any Content. Any rights not expressly granted in these Terms of Use are expressly reserved by Compassion. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any Content from the Site. Compassion will at all times, anywhere in the world, have the right to use or authorize others to use the Content in any manner it may desire.

8. TERMINATION

Compassion reserves the right in its sole discretion and at any time to terminate or suspend your login account and/or block your access to the Site or Content for any reason including, without limitation if you have failed to comply with these Terms of Use or any other agreement between you and Compassion. You agree that Compassion shall not be liable to you or any third party for any termination or suspension of your login account or for blocking your access to the Site or the Content.

For any of the Content or the Trademarks, Compassion will have the right to terminate your right to use the Content or the Trademarks and to withdraw authorization granted hereunder in the event Compassion no longer controls the rights necessary to grant the rights hereunder or in the event that in Compassion’s sole business judgment Compassion deems it appropriate to do so.

Any suspension or termination shall not affect your obligations to Compassion under these Terms of Use.

9. DISCLAIMERS

THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPASSION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPASSION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; OR (D) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

10. RELEASE AND WAIVER OF LIABILITY

UNDER NO CIRCUMSTANCES, WILL COMPASSION, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, ANY TRADEMARKS OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPASSION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IN CONSIDERATION OF PROVIDING SERVICES TO COMPASSION AND USE OF THE SITE, YOU ALSO AGREE TO RELEASE AND FOREVER HOLD HARMLESS COMPASSION, ITS BOARD MEMBERS, OFFICERS, TRUSTEES, MEMBERS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITY, CLAIMS AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE SERVICES YOU PROVIDE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES COMPASSION FROM ANY LIABILITY OR CLAIM THAT YOU HAVE AGAINST COMPASSION WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE THAT MAY RESULT FOR THE SERVICES YOU PROVIDE TO COMPASSION OR OCCURRING WHILE YOU PROVIDE SERVICES EVEN IF IT IS DUE TO THE NEGLIGENCE, OMISSION OR OTHER FAULT OF COMPASSION. YOU ALSO UNDERSTAND THAT COMPASSION DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH OR DISABILITY INSURANCE, IN THE EVENT OF INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE. YOU AGREE THAT YOU WILL NOT INITIATE ANY CLAIM, LAWSUIT, COURT ACTION OR OTHER LEGAL PROCEEDING OR DEMAND AGAINST COMPASSION, NOR JOIN OR ASSIST IN THE PROSECUTION OF ANY CLAIM FOR MONEY OR OTHER DAMAGES WHICH ANYONE MAY HAVE, ON ACCOUNT OF THE SERVICES I PROVIDE. YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPASSION AND ALL OTHER RELEASES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, OF WHATEVER KIND OR NATURE, INCLUDING REASONABLE ATTORNEY FEES UNDER THIS RELEASE.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPASSION (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Compassion parents subsidiaries and affiliates together with their respective directors, officers, managers, members, employees and agents, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site or your breach or alleged breach of these Terms of Use.

12. CHOICE OF LAW.

These Terms of Use shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of laws rules. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Denver, Colorado. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

13. MISCELLANEOUS

Compassion’s failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Compassion of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use contain the entire understanding and agreement between you and Compassion with respect to the Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Compassion with respect to the Site.