Terms of Use

This web page represents a legal document and is the Terms of Use (Agreement) for our website, DrawingOutGenius.org and drawingoutgenius.org (Websites). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Our Services
Our Website offers services including the following: commenting on blogs, videos, images, or other submissions, and/or submitting essays, videos, posters, or other submissions.

Definitions
The terms “us” or “we” or “our” refers to NEW HOPE CHARITABLE FOUNDATION, a Federal 501(c)(3) charitable purpose non-profit California corporation, which does business as DRAWING OUT GENIUS®, (and as ENERGIZE STUDENTS®) the owner of this Website (NHCF/DG). A “Visitor” is someone that merely browses our Website. A “Registered User” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Registered User.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Registered Users or by us, are collectively known as our “Content”.   We distinguish content posted by our Registered Users as “Registered User Content”.
Acceptance of Agreement

This Agreement is between you and NHCF/DG.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and NHCF/DG, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Limited License
NHCF/DG grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance
You agree to comply with all applicable domestic (United States of America and its states and localities) and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and NHCF/DG.
Our Intellectual Property

Our Website may contain our service marks and/or trademarks as well as those of our affiliates or other companies or persons, in the form of words, graphics, and/or logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of NHCF/DG.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Your use of our Website and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email (see contact info below and on website) that contains the following information:

1)      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2)      A description of the copyrighted work that you claim has been infringed;

3)      A description of where the material that you claim is infringing is located on our Website;

4)      Your address, telephone number, and email address;

5)      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; and

6)     A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Contact Info
Mail:    New Hope Charitable Foundation
Drawing Out Genius
 1125 Linda Vista Dr., #101, San Marcos, CA 92078-3819
Fax:    (760)591-0179

Email: Info@DrawingOutGenius.org
Eligibility and Registration for Registered Usership

To use our Services (to do more than visit our site), you must register with our Website to become a Registered User. Your Registered Usership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age 13years of age or older. Any registration by, use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use.

Minors between the ages of 13 and 17, inclusive, should get the permission of their parent(s) or legal guardian(s) before registering.

By using our Website Service, you represent and warrant that you are 18 or older and that you agree (OR, if you are 13 to 17, you and your parent(s)/legal guardian(s) agree) to abide by all of the terms and conditions of this Agreement. NHCF/DG has sole right and discretion to determine whether to accept a Registered User, and may reject a Registered User’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of NHCF/DG. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, group, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website. Registered Users are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal, medical, psychological and/or other professional advice and that no professional relationship of any kind is created between you and NHCF/DG or our Registered Users. You hereby agree that you shall not make any financial, investment, legal, medical, psychological and/or other decision based in whole or in part on anything contained in our Website or Services.

Warranty Disclaimer
NHCF/DG is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Registered Users of our Website, or by NHCF/DG. Although we provide rules for Registered User conduct and postings, we do not control and are not responsible for what Registered Users post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. NHCF/DG is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. NHCF/DG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Registered User communications.

NHCF/DG is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Registered User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services.

Under no circumstances will NHCF/DG be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

NHCF/DG reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NHCF/DG, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. NHCF/DG CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. NHCF/DG DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NHCF/DG. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability
NHCF/DG, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.

IN NO EVENT WILL NHCF/DG OR ITS DIRECTORS, EMPLOYEES, VOLUNTEERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF NHCF/DG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NHCF/DG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR REGISTERED USERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Registered User Conduct
Registered Users may post their own content to our Website through our Services (Registered User Content). Registered Users and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Registered User Content and do not in any way guarantee the quality, accuracy or integrity of such content. NHCF/DG is not responsible for the monitoring or filtering of any Registered User content. Should any Registered User Content be found illegal, NHCF/DG will submit all necessary information to the proper authorities.

If any Registered User Content is reported to NHCF/DG as being offensive or inappropriate, we may ask the Registered User to retract or otherwise modify the questionable content within 24 hours of being notified by NHCF/DG. Should the Registered User fail to meet such a request, NHCF/DG has full authority to either restrict the Registered User’s ability to post Registered User Content OR to immediately terminate the Registered Usership of the Registered User, without further notification to the Registered User.

Without limiting the foregoing, we have sole discretion to remove any Registered User Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Registered Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Registered Users shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Registered Users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Registered User, you agree not to use our Services to do any of the following:

1)      upload, post or otherwise transmit any Registered User Content that:

  1. Violates any local, state, federal, or international laws.
  2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  4. Links directly or indirectly to any materials to which you do not have a right to link.
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  8. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  9. In the sole judgment of NHCF/DG, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose NHCF/DG, our affiliates, or our Users to any harm or liability of any type.

2)      use our Content to:

  1. Develop a competing website.
  2. Create compilations or derivative works as defined under United States copyright laws.
  3. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3)      Decompile, disassemble or reverse engineer our Website, Services, and any related software.

4)      Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy
Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link.

Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website
You may provide links to our Website, provided that:

(a) you do not remove or obscure, by framing or otherwise, any portion of our Website,

(b) your website does not engage in illegal or pornographic activities,

(c) your website does not contain content that harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, and

(d) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. NHCF/DG has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Donation and Donation Refund Policies
If you choose and if you live in California, Delaware, Idaho, Indiana, Iowa, Montana, Nebraska, Nevada, South Dakota, Texas, Vermont, or Wyoming, you may go to the EnergizeStudents.org website to donate now. If you live in another state, please check back as we are complete registration processes in additional states of the United States of America.

New Hope Charitable Foundation(dba EnergizeStudents®) is a 501(c)(3) charitable organization. Your donation is fully tax deductible as allowable by applicable laws.

The DONATION REFUND POLICY of New Hope Charitable Foundation is the same as that of other major charities such as The American Heart Association and the American Cancer Society: Any credit card donor who changes their mind, makes a mistake in amount, etc. may send fax or email to the Contact Info (see above or on website) for NHCF/DG and request a refund. As long as the donor seeking a refund: (1) calls within 60 days after the donation date, and (2) has the original credit card used; then a refund can and will be made to that credit card, in compliance with industry-standard merchant services procedures.

Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, volunteers, contractors, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in San Diego County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego County, California necessary to protect the rights or property of you and us pending the completion of arbitration. Such arbitration fees and costs will be borne by the party initiating the controversy or claim.

General Terms
This Agreement shall be treated as though it were executed and performed in San Diego County, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

***Copyright © Orion Systems. All Rights Reserved. This document, or any portion of, may not be copied or duplicated in any way without the written permission of Orion Systems.  http://www.disclaimertemplate.com

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Copyright © 2014 New Hope Charitable Foundation [dba Energize Students®, Drawing Out Genius®]. All Rights Reserved Worldwide • Terms of Use | Privacy Policy