Terms of use

Last modified on: 01/16/2023

These Terms of Use (“Terms”) constitute a legally binding contract between you as a user (“User” or “you”) of the https://childrenheroes.org/ and all related pages hereinafter collectively referred to as the “Website”, “Services” and us, CHILDREN OF HEROES OF UKRAINE FOUNDATION as the owner of the Website (“we”, “Organization”, “us”).

The Terms govern your rights and duties concerning your use of the Website and Services we provide via the Website. Please read these Terms carefully before using our Website.

By accessing our Website, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, please do not use the Website.

1. Your Use of the Services

Mission. Our Website is a platform aimed at ensuring immediate and long-term support to children who have lost one or both of their parents due to the Russian war in Ukraine. Donations are used for emergency and strategic objectives and are devoted/directed to the support of affected children until they come of age, by providing emergency support, educational, professional development, and working opportunities, including but not limited to assistance with colleges, universities, internships, and working places. All donations are provided to the Organization to be used to support our mission. For more information, see our charitable solicitation disclosure.

Privacy. The Organization is committed to protecting your privacy. Except as may be necessary to provide our Services, we do not share any information about our donors with third parties for such third party’s commercial use. To find out how we collect and process your personal data and about your rights regarding your personal data, please see our privacy policy.

Eligibility. You hereby confirm that you are an individual, legal entity, or other organization with the full civil capacity and the right to be bound by the Terms. If you are under the legal age, your parents or other legal representatives shall undertake all the consequences of your acceptance of the Terms.

Updates. The Organization reserves the right to update (to supplement) the Services in any way at its sole discretion. The Terms will also apply to any updates, enhancements, and new features on the Services not expressly mentioned hereunder and implemented after the Terms become effective.

2. Description of the Services

Our Website is the online platform that gives you an opportunity to apply for help, as well as financially and otherwise to help children who have lost one or both of their parents due to the Russian war in Ukraine, and find out about the ways of such help.

Therefore, through the Website, we provide you with a variety of information services. We provide these services for free; you do not need to register an account to use the Website.

In particular, we provide you with access to our content, such as:

• Information about the founders of the Organization, the aim and activities of the Organization;
• Information on ways to provide support and the appropriate registration forms;
• Banking details for charitable donations.
• Possibility to make a charitable donation to the Organization by accepting a public offer on the provision of charitable donations.
• Information about the private stories of children who have lost one or both of their parents due to the Russian war in Ukraine, and their families, as well as related photos and other materials.
• Other services may be available on the Website. All services described in this and further Sections are hereinafter referred to together as the “Services”.

3. Prohibited Conduct

The User undertakes not to perform any illegal actions using or within the Services, including actions that infringe the intellectual property rights of the Organization and/or its licensors (for instance, not to use photos or other materials without the consent of the Organization).

When using the Services, the User undertakes not to take any actions aimed at bypassing or breaking the technical means of protection integrated into the Services, as well as any other actions aimed at changing the functional characteristics or destabilizing the operation of the Services, both with and without the software.

In case the Organization suspects the User of committing any illegal actions that violate the Terms, legislation, the Organization has the right to terminate this User’s access to the Services.

4. Intellectual Property

The visual interfaces, graphics, design, compilation, information, data, computer code, any software, articles, information, pictures, designs, logos, trademarks, and any other materials including photo- and video- materials of children and their families available on the Website constitute the intellectual property of the Organization and its partners. The Organization and its partners retain all the rights, title, and interest in and to their intellectual property.

You shall not use our intellectual property for any purposes or in any manner other than allowed hereunder. In particular, you are prohibited from selling or exploiting our intellectual property for your own commercial purposes unless we provide you with explicit consent.

Access to the results of intellectual activity posted within the Services is provided by the Organization exclusively for personal non-commercial use without the right to public demonstration or notification, reproduction, any processing or adaptation, distribution or disclosure, sale, and without the right to any other use unless provided for in the Terms.

Any use of the Services or the intellectual deliverables published thereon, except as permitted by the Terms, is strictly prohibited.

The Organization has the right to remove from the Services at any time any intellectual deliverables published thereon, as well as to publish any new intellectual deliverables.

5. Donations

When you make a donation on our Website, you agree to the donation in the amount you selected to donate. You must provide the Organization with a valid payment instrument. Payment methods are listed on our website, and include certain credit cards (Visa and Mastercard), Apple Pay, G Pay, ACH and wire transfers, as well as PayPal (each third party payment provider referred to herein as a “Payment Provider”). Your use of a given Payment Provider is governed by the third-party agreement with such Payment Provider, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing the Organization with your payment method and associated payment information, you agree that Organization is authorized to immediately invoice you for all fees and charges due and payable to Organization based on your donation and that no additional notice or consent is required. You agree to immediately notify the Organization of any change in your billing address or the payment information used for payment hereunder.

All donations are non-fundable.

6. Disclaimers and Limitations of Liability

You use the Services at your own risk in accordance with the Terms.

The Services are provided on an “as-is” and “as available” basis. The Organization cannot make the warranty that the Services will operate uninterrupted and error-free for all devices and within all platforms, as well as under all specific conditions.

The Organization does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

To the maximum extent permitted by the law, in no event shall the Organization be liable for any indirect damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of the Terms.

Some links on the Website may allow you to leave the Website and visit some third-party websites and services. For instance, we may provide you with links to our social media profiles, our clients’ or partners’ websites, etc. Such third-party websites and services are not under our control, and we are not responsible for them. We may provide you with these links only for your convenience. The inclusion of any such link does not imply our endorsement of such third-party websites or services unless otherwise is expressly stated by us. You use all third-party websites and services at your own risk.

In case any claims or actions concerning breach by the User of their obligations hereunder are brought against the Organization, the Organization shall immediately inform the User of that. The User shall bear all costs and expenses related to the settlement of the specified claims, actions and/or legal proceedings. The User shall assume the obligation to compensate in full the costs of all expenses incurred by the Organization due to the circumstances specified herein.

By reading the Terms, the User agrees and accepts the following:

The Organization may dispose of the received donations provided (including funds, goods and services) at its own discretion, in compliance with the statutory goals and objectives of the Organization, as well as the applicable law requirements.

In providing assistance and in carrying out its activities, the Organization is guided by the charter and the internal rules for the use of donations received. In view of this, the person who requested assistance and the benefactor cannot in any way influence the decision-making of the Organization, and would not claim to be involved in the respective processes.

The Organization independently coordinates the amount and the terms of assistance to a particular person.

As long as the Organization adheres in its activities to the law and the goals and objectives described in the charter, the benefactor may not make any claims, in particular regarding the use of the donations.

The Organization makes no warranties to the recipient of the charitable assistance as to the extent and manner of such assistance.

The Organization will report on the use of the donations received only to the extent required by law and the charter.

It is permitted to disseminate the information about the Organization as well as cooperation with the Organization with the prior written consent of the Organization.

7. Amendments

The Organization has the right, at its sole discretion, to amend or replace any part of these Terms. It is your responsibility to check the Terms periodically for changes. If you continue to use the Services after such amendments are made, you will be considered as having accepted all of them unless there is an obligation imposed on the Organization by the applicable law to obtain your explicit consent to the amendments. The Organization may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the Terms.

8. Applicable Law and Dispute Resolution

The Terms and other relationships between you and the Organization shall be governed by the laws of the state of Delaware.

All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Organization at the address specified in these Terms shall be the effective and binding method of communication.
If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of the state of Delaware.

9. Termination

The Terms shall be valid until you or the Organization at its own discretion terminates the cooperation hereunder.

Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the Terms or any of the obligations under the Terms or applicable laws, or if we believe that you have committed any illegal action.

10. Contact information

If you have any questions regarding the use of the Website, the Terms, you can contact us at:

CHILDREN OF HEROES OF UKRAINE FOUNDATION
Business address: 514 N Washington St, Denver Co 80203
Registration address: 251Little Falls Drive, Wilmington Delaware 19808
EIN 88-2709953
Email: [email protected]