TERMS & CONDITIONS
This website as well as the websites (www.aomdafoundation.com; www.aomda.org; www.aomda.be) (hereinafter referred to as the “Website”) are operated and owned by Us, American Overseas Memorial Day Association Foundation ASBL (a company incorporated under the laws of Belgium, having its registered office at 1200 Sint-Lambrechts-Woluwe, Almaplein 3 mailbox 7, registered under the number 0403.086.468).
The use of the Website is subject to the terms and conditions set out below (hereinafter referred to as “Terms and Conditions”).
By accessing, browsing or downloading any part of the Website or of its content (hereinafter referred to as the “Content”), or by posting or uploading to the Website, or by using the services provided through the Website (hereinafter referred to as the “Services”) or by any other use of the Website and of its Content, whether as a registered user or an unregistered user, the visitor (hereinafter referred to as “You”) declares that he has read and accepted the Terms and Conditions.
If You are under the age of majority in Your state (i.e., if You are a minor) You represent to us that, You have the required consent to do so from a parent or legal guardian, and that Your parent or legal guardian has read and agreed to these Terms and Conditions. If You are using the Website on behalf of any entity, You represent and warrant that You are authorized to accept the Terms and Conditions on such entity’s behalf.
If You do not agree with the above, You may not use the Website.
2.Use and access to Website in general
You agree to use the Website, the Content and the Services in compliance with the Terms and Conditions and all applicable laws, not to infringe any third party rights (including privacy and intellectual property rights), not to access the Website by any means other than through the interface that is provided by Us, not to disrupt the flow of data to and from the Website or not to do anything which impacts the Website’s performance and not to mine, collect or use any data from the Website with any illegitimate intent and in particular not with the intent of harming, discrediting, harassing or prejudicing Us or any other person.
To use certain features of the Website You may be asked to provide registration details and/or to log on. As part of the registration process You will be required to submit a valid e-mail address and telephone number and a password which You will use to login to Your account in the future (hereinafter referred to as the "Login Details"). Once You have successfully completed the registration process We will send You an e-mail to the address You have registered confirming that Your account has been activated.
It is a condition of use of the Website, the Content or the Services that all registration details You provide are and will remain true, correct, current and complete, that you do not impersonate another person and that Your registration, any data related to Your registration (including, but not limited to, Login Details) and any activities under Your account are and remain personal to You. You may not disclose or make the same available to others, are responsible for maintaining the confidentiality of thereof and must report any unauthorized use thereof to Us immediately. Failure to comply with the above may result in the immediate termination of Your registration.
4.Contributing Content to the Website
One of the main purposes of the Website is to allow You to easily contribute Content (including, but not limited to literary and artistic works such as text and images, facts, comments and images that are incorporated into entries, sound recordings, broadcasts, typographic arrangements, films, musical works, dramatic works, data, databases and source code). The Website may allow You to create and contribute Content using the data You find on this Website, Your data and/or data from other sources and/or to linking the Website to other websites.
You recognize that data You contribute use may be protected by rights (including ownership and intellectual property rights) for the benefit of third parties and that third party websites that You may link to the Website may have their own terms and conditions and/or privacy policies. You must verify and read the same carefully and must not create Content in any way that violates the said rights, terms, conditions and /or policies. You may not contribute any Content with data coming from other source than the Website unless this data is coming from a legally permitted source and is publicly available. If the source data is not publically available, You must obtain from any third party having rights in or to the said data all required consents.
You may not contribute to the Website any Content that is contrary to any applicable law and in particular any Content (including statements) that, judged at our discretion, is offensive, inappropriate, libellous or defamatory.
5.Use of Content contributed by You
While You keep the copyright in any data or Content that You provide or contribute, by contributing it You are hereby giving Us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use that Content (including the right to edit, adapt or modify the same) for any purpose and through any media and acknowledge that We may not accredit You as having produced the Content. While you acknowledge that We do not guarantee that any Content contributed by You or any part of it will be displayed on the Website as submitted by You, You authorize Us to use the Content for the Services, to add it to the Website, to publish it and to make it available to other Website users on the internet and accessible through internet search engines, to allow other users to view, download, print and save copies of it and to do the same through other websites owned or operated by Us or by parties that are in partnership with Us.
You recognize that We have no obligation to moderate Content on the Website and are not liable for the use of Content contributed by You by any third party, but that We reserve the right to monitor any information transmitted or received through the Website and that the publication, the rejection, the blockage, the suspension, the modification or the removal of Content contributed by You is at our sole discretion at any time.
If You believe that Your copyright is being infringed, You can file a notification by emailing us at firstname.lastname@example.org. Your claim must include the following information, submitted in English: (i) an electronic or physical signature of the person authorized to act as or on behalf of the owner of the copyright interest, (ii) a description of the copyrighted work that You claim has been infringed, (iii) a description of where the material that You claim is infringing is located on the Site, sufficient for Us to locate the material, (iv) Your contact details (address, telephone number, and email address), (v) a statement by You that You understand that under the applicable laws You may be liable for any damages, including costs and attorneys' fees, if You knowingly and materially misrepresent that reported material or activity is infringing and (vi) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
7.Communication from Us to You
By registering on the Website You accept that We may send You communications of commercial and non-commercial nature by email, text message, notification or other message types. To unsubscribe and stop receiving such messages You may opt-out at any time by changing Your registration settings or by following the instructions provided in the communication We sent You.
The Website allows You to make donations to Us (hereinafter referred to as “Donation”). By making a Donation, You agree that the Donation is provided by You as an act of generosity and of good will without expecting any obligation, consideration or commitment in return from Us, is irrevocable, unconditional and may be used at Our discretion, except for the obligation to use the Donation for the purposes falling within the scope of Our activities. We do not provide any warranty with regard to the tax deductibility of the Donations in your territory.
All payments of Donations processed through the Website are processed by our payment services provider PayPal. By confirming that You wish to proceed with Your donation You agree to terms and condition of PayPal and authorize PayPal to request funds from Your credit or debit card provider.
9.Price of Freedom Award (POFA) Patches Program
The Website runs a POFA Patches Program to engage future generations by encouraging school children to attend Memorial Day ceremonies and through annual visits to local elementary schools. Please refer to the relevant page of the Website for more details. The participation in the said program is subject to the Terms and Conditions and the additional terms and conditions provided elsewhere on the Website. By subscribing to the Patches Program You declare that You have read and accepted the applicable additional terms and conditions and will comply with all relevant applicable laws.
To endorse its activities the Website runs a Sentinel Program. Please refer to the relevant page of the Website for more details. The participation in the said program is subject to the Terms and Conditions and the additional terms and conditions provided on the Website. By subscribing to the Sentinel Program You declare that You have read and accepted the applicable additional terms and conditions and will comply with all relevant applicable laws.
By participating in the Sentinel Program You agree that Your participation is an unconditional act of generosity and of good will without expecting any obligation, consideration or commitment in return from Us, except for Your rights to receive from us the Certificate of Appreciation and to be listed as “Sentinel” on the relevant page of the Website.
The said certificate shall at all times remain our exclusive property and You commit to have the same in Your possession at all times. The said certificate and the said rights are revocable, non-transferrable and non-negotiable and You may not sell or lease the said rights nor convey any rights in the said rights to any third party without Our prior written and explicit permission.
11.Warranties in relation to Content
Access to the Website and the Content and Your use of the same is at Your own risk. The Website and the Content are provided by Us as a service to You and “as is” without warranty of any kind.
We do not guarantee the accuracy, completeness, efficacy, timeliness or sequencing of any Content nor do we represent or warrant that the same or the Website are reliable, current or error-free or that the Website or the Content are free of viruses or other harmful components. You should use industry-recognized software to detect and disinfect viruses from any download. Your use of the same is voluntary and reliance on it should only be undertaken after an independent review of its applicability, accuracy, completeness, efficacy and timeliness with regard to Your specific needs and uses.
The Website may contain links to or may frame third party Website and may contain or link to third party information, materials, communications or other content (hereinafter collectively referred to as the “Third Party Content”) or contain references products, processes, services, information, data, comments, programs, trade names, trademarks, manufacturers or suppliers. We do not control Third Party Content, the said data is provided for convenience only and the presence thereof on the Website or in the Content does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Us nor do We assume any responsibility or liability for, or make any representations or warranties regarding the same.
We, including any of our members, are not responsible for and to the fullest extent allowed by the law, expressly disclaim any and all warranties, either express or implied, statutory or otherwise, and all liability for, damages of any kind arising out of use, reference to or reliance on the Content. No approvals, recommendations, endorsements, guarantees, or warranties, including, but not limited to, any express or implied warranties of merchantability, non-infringement of third parties’ rights or fitness for any particular use or purpose of the Website, the Content or the Service are made by Us.
We aim to offer a Website that is fast, accurate and performs well. However, We, nor our members, guarantee nor will be liable for any losses caused by disruptions in the performance of the Website, among others as a result of events that We have no reasonable control over such as, but not limited to, fires, floods, strikes, earthquakes, landslides and other unanticipated events or natural disasters.
12.Ownership of Website and of the Contents
You acknowledge and accept that, except where the Terms and Conditions provide to the contrary, the Website, the Content and the Service, including, without limitation all intellectual property right to trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof, and including the account You use to access the Website, are Our property or are licensed to Us and protected by copyright laws around the world. All such rights in the Website and all the Content are reserved.
Unless provided to the contrary by the Terms and Conditions, Your use of the Website, the Contents or the Service does not grant you any rights with regard to the Website, the Content or the Service or any right to create such rights and shall entitle you to any claim any intellectual property to which You were not entitled before Your first access of the Website.
Your license to use Website, the Content and the Service is limited to consultation thereof, the sharing, copying and redistributing, adapting, remixing, transforming and building upon the same, in any medium or form, upon the conditions that You give Us appropriate credit, provide a link to the Website and indicate if changes were made, that You do so in reasonable manner and for non-commercial purposes only, in conformity with the Terms and Conditions and other terms and conditions applicable to the use of the Website or any service provided by us, that You do not suggest in any way that We endorse You or Your use and that You do not apply legal terms or technological measures that restrict others from doing using the same license.
13.Discontinuation (access to) the Website of and changes to the Website
You acknowledge Our right to discontinue, delete, edit or modify make changes to (any part of) the Website, including the Content and the Services, and to discontinue Your access to or registration on the Website, at any time without notice and at Our sole discretion.
14.Limitation of Liability
WE, NOR ANY OF OUR MEMBERS, NOR ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND/OR THE OFFICERS, VOLUNTEERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, SHALL IN NO EVENT BE LIABILE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OF INCOME, OF ACTUAL OR ANTICIPATED PROFITS, OF BUSINESS, OF CONTRACTS, OF GOODWILL OR REPUTATION, OF ANTICIPATED SAVINGS, OF, DAMAGE TO OR CORRUPTION 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 THE WEBSITE, THE SERVICES, THE CONTENT OR THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM US, 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 OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR LIABILITY, 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 THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US (EXCLUDING DONATIONS) FOR ACCESS TO OR USE OF THE WEBSITE.
You agree to defend, indemnify and hold Us and Our affiliates, contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees, volunteers, and agents, harmless from and against any threatened or actual claims, damages, costs, actions, demands, liabilities, settlements and expenses (including without limitation, reasonable attorneys' fees) arising out of or related to Your use of the Website (including (the posting, storing and transmitting of), the Content on or through the Website), of the Content or of the Service or Your violation of the Terms and Conditions or of third party rights.
If any provision of the Terms and Conditions is deemed unlawful, void or for any reason unenforceable, than such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. No waiver of any of the Terms and Conditions shall be deemed a further of continuing waiver of such term or condition or any other term or condition.
We reserve the right to modify the Terms and Conditions at any time by posting the amended version on the Website with the indication of the date of the applicable version. You must check the Terms and Conditions at every new visit and will be presumed to have read, to agree to and accept the modifications which will be applicable to You from Your first visit following the modification.
The Terms and Conditions are subject to Belgian Law. Only the courts of Brussels (Belgium) are competent for disputes arising out of or in connection to the use of the Website, the Content and the Service.