Welcome to FINCA.org (the “Site”), which is operated by FINCA International, Inc. (“FINCA”), a New York non-profit corporation. The following Terms of Use (“Terms”) govern your access to and use of the Site. Please read these Terms carefully, because this document is a legal agreement. By accessing and using the Site you agree to these Terms. If you do not agree, please do not access or use the Site.
Some features of the Site require registration or allow users to submit their own messages, photos, and other user-generated content (“User Submissions”). You agree to provide accurate and complete information about yourself as requested or directed on the Site and to promptly update this information to maintain its accuracy. You at all times remain fully responsible for your User Submissions, for maintaining the confidentiality of your username and password, and for all activities that occur under your password or account. You agree to immediately notify FINCA if you become aware of any unauthorized use of your password or username or any other breach of security. FINCA has the right, but not the obligation, to monitor, review, remove, reject, or revise at any time, without prior notice and in its sole discretion, User Submissions that violate the Terms, are otherwise objectionable, or for any other reason.
By submitting User Submissions to the Site, you grant us, our affiliates, and our partners, a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivate works of, distribute, publicly display, transfer, transmit, distribute, and publish the User Submissions in any form, medium, or technology now known or later developed. You agree you will not attempt to enforce any so-called “moral rights” in your User Submissions against us, our affiliates, or our partners.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, and designs of FINCA products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to FINCA or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Unless expressly permitted herein, the use or misuse of these trademarks is prohibited, and nothing stated or implied on the Site confers on you any license or right to any trademark of FINCA, its affiliates, or any third party. Consistent with this Agreement and any other terms and conditions provided on the Site, you may use the link provided by FINCA containing FINCA’s trademarks (the “Link”) for the sole purpose of linking to FINCA.org or to a team donation page from other websites, provided that your use of such Link may not create an impression that FINCA endorses, approves, sponsors or is affiliated with your products, goods, services, or your website and may not be linked from any website that includes content or advertising for alcoholic beverages, tobacco, pornography, partisan material, political material, firearms, or any other content or advertising that may dilute or otherwise damage FINCA’s goodwill or reputation.
The Site (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such materials) is protected under the copyright laws of the United States and other countries. All copyrights in the Site are owned by FINCA or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Site, or unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site.
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
Our copyright agent for notice of claims of infringement on the Site is:
Carolina Ahumada
1201 15th Street NW, 8th Floor
Washington, DC 20005
202-682-1510
Email: [email protected]
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the privileges of users who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Our Privacy Policy explains how we handle the personal information that we obtain about you through the Site. By accessing the Site, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, which is incorporated in these Terms. If you have questions about our privacy practices, you can contact us at [email protected].
The Site may contain third-party content and links to other websites (“Linked Sites”). FINCA does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. FINCA also does not control the Linked Sites and is not responsible for the content or privacy practices of the Linked Sites.
THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” FINCA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, RELIABILITY, OR PERFORMANCE.
IN NO EVENT WILL FINCA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Because some jurisdictions do not allow the exclusion or limitation of certain damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your access to or use of the Site or arising from your breach of this Agreement.
We reserve the right to remove or refuse to post or distribute User Submissions that we determine, in our sole discretion, violate these Terms of Use and to restrict, suspend, or terminate the participation of any user from the Site at any time, with or without prior notice, who we determine, in our sole discretion, has or is violating these Terms of Use.
We may terminate this agreement for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.
We may make changes to these Terms or modify any features of the Site at any time, in our sole discretion. The most current version of the Terms can be viewed by clicking on the “Legal Disclaimer” link on the home page of the Site. By continuing to access and use the Site, you indicate that you accept any changes to the Terms.
These Terms of Use contain the entire agreement between you and us regarding the use of the Site. New York state law shall govern this agreement. If any provision of these Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect.
If you have any questions about these Terms of Use, please contact us at:
1201 15th Street NW, 8th Floor
Washington, DC 20005
202-682-1510
Attention: General Counsel