- Restrictions on Use of Materials on USO Websites
- References and Links to Third-Party Webpages
- General Indemnification
- Limitation of Liability
- Accuracy of Materials on USO Websites
- Disclaimer of Warranties
- Services on USO Websites
- Acceptable Use Policy for USO Websites & Services
- Term & Termination
- Deactivation of USO Websites
- Notice of Claims of Intellectual Property Violations
- Equitable Remedies
- Governing Law; Venue; Statute of Limitations
- Dispute Resolution
- No Waiver
- Entire Agreement
- Contact Information
Restrictions on Use of Materials on USO Websites
Unless otherwise indicated, the USO (or our licensors or affiliates) holds the copyright to the USO Websites and all of the materials contained therein, including, but not limited to, the information, content, documents, articles, photographs, images, text, graphics, logos, icons, sound recordings, tutorials, toolkits, audio/visual clips, design, and layout. In addition, the USO owns all of the trademarks, logos, service marks, and slogans (collectively, the “USO Marks”) used and displayed on the USO Websites, unless otherwise noted.
The USO will allow you to view and print certain materials, including information, documents, articles, volunteer tutorials, and fundraising toolkits, located on the USO Websites for your personal use, but not for any for-profit or commercial activities or purposes or resale, provided that:
A. the printed materials must retain any copyright, intellectual property, proprietary, or other notices or disclaimers contained in the original materials;
B. you must give attribution to the USO and, if possible, provide a reference to the USO’s homepage (http://www.uso.org) on the printed materials;
C. the materials must be printed in their entirety without modification, reformatting, adaptation, or adjustment; and
D. if you combine the materials with other hard copy materials, you must clearly designate which portion is the USO’s material.
The USO may wish to acknowledge particular persons and companies who have made donations or sponsorships in support of our Mission. Such acknowledgement may be in the form of recognition on the USO Websites by use of such persons’ or companies’ own names or trademarks and/or by hypertext links to such persons’ or companies’ own websites. However, the USO does not solicit or allow the purchase or use of advertisements or commercial endorsements on the USO Websites by any person or business (including, but not limited to, our sponsors and donors).
If you decide to click on the links to any of our sponsors’ websites, or if you otherwise engage in any correspondence or business dealings with, or purchase any products or services from, any of our sponsors, you do so of your own volition, and you agree that the USO is not responsible or liable for any loss or damages of any type sustained as a result of any such dealings or as a result of the acknowledgement of, or links to, such sponsors in conjunction with the USO Websites.
References and Links to Third-Party Webpages
The USO Websites may display hypertext links to the webpages of other individuals, businesses, organizations, products, or services. Certain public forums within the USO Websites, such as blogs, social media, and message boards, may also allow users to post links to third-party webpages. Such links are supplied only for online interactive purposes. The content provided in such links is in no way endorsed, offered, or guaranteed by the USO.
The inclusion of a hypertext link to the USO Websites on another webpage is permitted only in accordance with, and is subject to, the following conditions:
A. the link must be an active, text-only link, or approved banner or artwork provided by the USO, which is clearly marked “USO”;
B. the webpage containing the link to the USO Websites may not use any of the USO Marks without our prior written approval;
C. the link, when activated by a user, must display the USO’s homepage (http://www.uso.org) in full-screen, and not within a “frame” on the linked website;
D. the appearance, position, and other aspects of the link may not be such as to disparage the USO or its programs, or as to damage or dilute the goodwill associated with the USO name and the USO Marks;
E. the appearance, position, and other aspects of the link may not be such as to create the false appearance that an entity other than the USO is associated with, benefitting, or sponsored by USO;
F. the link may not be associated with the sale of any products or services, or the promotion of any lottery, raffle, sweepstakes, or other games of chance benefiting the USO;
G. the link may not appear on pages including content which the USO, in our sole discretion, finds to be objectionable, or which includes obscene, pornographic, violent, intolerant, tasteless, denigrating, or sexually-oriented content or materials; and
All other hypertext links to the USO Websites must be approved in writing by the USO. Inquiries may be directed to USODigital@uso.org.
Use of a hypertext link to the USO Websites on another webpage shall not create, indicate, or imply any endorsement, approval, sponsorship, affiliation, or recommendation by the USO of any of the individuals, companies, entities, organizations, products, and/or services associated with the webpage. This permission to link is provided without warranties of any kind, express or implied, including, without limitation, warranties of title of non-infringement.
The USO reserves the right to take action against any use of its federally registered service marks, trademarks, and trade names, or any links to the USO Websites that do not conform to the conditions herein, or that infringe any intellectual property or other rights of the USO.
Please note that accessing any other webpage linked to or from the USO Websites is done at your own risk. The USO has not reviewed and is not responsible for the content of any third-party webpages linked to or from the USO Websites, and does not make any representations regarding the content or accuracy of the materials on such third-party webpages. The USO is not responsible for the information, materials, or content contained at any webpage linked to or from the USO Websites.
You agree that you will indemnify, defend, and hold harmless the USO, our officers, directors, employees, volunteers, licensors, affiliates, and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the USO Websites, including any information or material viewed or downloaded from the USO Websites, or any other webpages to which they are linked. If your use of any content or materials from the USO Websites results in the need to service or repair any equipment or data, you agree to assume any and all costs thereof.
Limitation of Liability
Accuracy of Materials on USO Websites
You acknowledge that the materials on the USO Websites are provided “as is” for general information only, and without warranties of any kind. The USO does not recommend, endorse, or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy, or non-infringement of any of the content, materials, programs, or other information provided on the USO Websites or by the companies or organizations linked to or referred to in the USO Websites.
In particular situations, the USO may permit third parties to provide testimonials and information, and in some instances, to create personal home pages for fundraising purposes in furtherance of our Mission. The USO also may, from time-to-time, post articles and other information provided by third parties that might be of interest or benefit to our users. You acknowledge that the opinions and recommendations of third parties contained on the USO Websites are not necessarily those of the USO or endorsed by the USO.
Disclaimer of Warranties
THE USO WEBSITES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS, SERVICES, AND PRODUCTS CONTAINED THEREIN) ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
THE USO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT: THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE USO WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO WEBSITES; ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE USO WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO WEBSITES; OR THAT THE USO WEBSITES, THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO WEBSITES, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL ELEMENTS AND WILL CONTINUOUSLY OPERATE OR BE ERROR-FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. FURTHER, THE USO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE USO WEBSITES EITHER IN TERMS OF THEIR COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE, THEIR RELIABILITY, CURRENTNESS, OR OTHERWISE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOU RELY ON THE USO WEBSITES SOLELY AT YOUR OWN RISK.
THE USO HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE USO WEBSITES AND THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO WEBSITES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS, OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS THAT MAY BE IMPLIED BY STATUTE.
Some states do not allow certain exclusion of implied warranties. Accordingly, the above exclusions with respect to implied warranties may not apply to you.
The USO Websites are managed in the state of Virginia, United States of America. The USO makes no representation that the USO Websites, or the information, content, materials, services, or products found through the USO Websites, is appropriate or available for use in all geographic locations, and accessing the USO Websites from territories where the content of the USO Websites is illegal is expressly prohibited. If you view the USO Websites from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Services on USO Websites
Message Boards & Other Public Forums.
Personal Home Page.
You may post messages of support, stories, testimonials, text, photographs, videos, or other content on the USO Websites. Any content submitted to the USO through the USO Websites, third-party webpages, or advertisements, will be treated as non-confidential and non-proprietary, and you authorize the USO and our affiliates and licensees, without compensation to you or any third parties, to edit, copy, reproduce, incorporate, license, distribute, publicly display, or otherwise use the same, or any portions, reproductions, derivations, or versions thereof, throughout the world in any format or media (now known or hereafter invented, including, but not limited to, radio, television, home video/DVD, merchandising, online internet, and mobile services), in any manner, an unlimited number of times, in perpetuity, with or without charge or cost to end users or other third parties. To the extent permitted under applicable law, you waive and release and covenant not to assert any rights that you may have in any content posted by you.
By posting content on the USO Websites, you represent to the USO that you own or have the right to use and permit the USO to use such content in the manner stated above. By way of example and not limitation, if you submit a photograph of yourself with others, you need to first secure permission or a release from the other people featured in the photograph to use their images on the USO Websites, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that includes the name, voice, or likeness of any person other than yourself, unless you first get permission to do so from that person. If you identify yourself by name or submit a photograph or audio or video recording of yourself to the USO Websites, you further authorize the USO and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice, and likenesses in furtherance of the USO’s Mission throughout the world, and any such consent cannot be withdrawn for any reason.
Availability of Services.
The USO reserves the right to establish general practices and limits concerning user accounts and the Services on the USO Websites at any time. The USO may amend such practices and limits at our sole discretion, including, without limitation, the maximum amount of time that your or any third-party’s information, photographs, or other content will be retained, and the maximum amount of space that will be allocated on the USO’s servers on your behalf. Without limiting the foregoing, you agree that the USO shall have no liability for the deletion or failure to deliver any information, photographs, or other content, provided by you anywhere on the USO Websites, regardless of whether such deletion or failure was due to the established practices or limits of the Services or was a result of error, intentional misconduct, or negligence of the USO. You agree that the USO shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.
Online Donations & Purchases.
Acceptable Use Policy for USO Websites & Services
You agree that you will not use, nor allow or authorize any third party to use, the USO Websites and the Services therein to take any actions that: (A.) infringe on any third party’s copyright, trademark, trade secret, patent, or other proprietary rights or rights of publicity or privacy; (B.) violate any applicable law, statute, regulation, or ordinance; (C.) are defamatory, trade libelous, threatening, harassing, invasive of privacy, abusive, discriminatory based on race, color, ethnicity, gender, sex, sexual orientation, religion, age, or disability, pornographic, or obscene; (D.) interfere with or disrupt any equipment or Services on the USO’s or our licensors’ or suppliers’ infrastructure; (E.) spread computer viruses, Trojan horses, worms, or other similarly harmful malware or programs; (F.) generate or disseminate “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email, in any manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) Act of 2003; (G.) encourage conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international laws or regulations; (H.) involve unauthorized access to any machine or device accessible via the USO Websites or Services; (I.) interfere with the USO Websites or any networks or servers connected to the USO Websites or disobey any requirements, procedures, or policies of networks connected to the USO Websites, or attempt to breach the security of or disrupt Internet communications on the USO Websites (including, but not limited to, accessing data or logging into a server or account without authorization); (J.) impersonate any person or entity, including, but not limited to, one of the USO’s directors, officers, employees, or volunteers, or falsely state or otherwise misrepresent your affiliation with a person or entity; (K.) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the USO Websites; (L.) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the USO Websites’ servers or any data not intended for you; (M.) attempt to circumvent authentication or security of any content, host, network, or account (i.e., “cracking”) on or from the USO Websites; or (N.) are detrimental to the USO’s public image, goodwill, reputation, or Mission, or otherwise not in furtherance of our Mission.
IMPROPER USE OF THE USO WEBSITES MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
You further agree that the USO shall not be liable to any third party for any termination of your access to the USO Websites or Services.
Deactivation of USO Websites
Notice of Claims of Intellectual Property Violations
- 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 or trademark or publicity right claimed to have been infringed, or, if you believe that multiple works, trademarks, or publicity rights have been infringed on the USO Websites, a representative list of such works, trademarks, or publicity rights.
- Identification of the content 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 a description reasonably sufficient to permit the USO to locate the content.
- Information reasonably sufficient to permit the USO to contact you, including an email address and/or mailing address, and telephone number.
- A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The USO’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is the Director of Brand and Creative Services, who can be reached, as follows:
By postal mail:
2111 Wilson Boulevard, Suite 1200
Arlington, VA 22201
Please submit all of the information outlined above. It will take the USO longer to process your notice if any of the above information is not provided, and in some cases, we may not be able to process your notice.
Governing Law; Venue; Statute of Limitations
Postal Mail: USO
Attention: Donor Services
2111 Wilson Boulevard, Suite 1200
Arlington, VA 22201
LAST UPDATED: March 29, 2016