Effective Date: October 7, 2019

Donations Through the Website

We appreciate the support of MSOF donors. To facilitate our connection with donors, the Website may include functionality that permits you to make a pledge or donation to MSOF. Access to the Website is without any obligation to make such a pledge or donation. As such, you acknowledge and agree that any decision by you to make a pledge or donation to MSOF is in your sole discretion. You also acknowledge and agree that donations to MSOF are controlled by MSOF.

You acknowledge and agree that any payment information you provide to the MSOF (such as credit card or electronic transfer information), either directly or through a payment agent of MSOF (which agent may be accessible through the Web Site), shall be true, accurate, current, and complete. You further acknowledge and agree that all donations made to MSOF are final and binding and will not be returned either in part or in the entirety.

MSOF’s Non-Profit, Tax-Exempt Status

MSOF is a non-profit entity dedicated to understanding Special Operations family needs and enabling organizations to better serve the Special Operations community. You may not access the Website, including but not limited to the Interactive Features, in a manner that, in MSOF’s sole judgment, may jeopardize MSOF’s non-profit, tax-exempt status.

You also may not access the Website in any manner that intentionally or unintentionally violates securities laws and regulations or rules of any exchanges.

Linking

The Website may include links to other third party sites on the Internet. MSOF does not assume any control of, or responsibility for the contents, accuracy, quality, or accessibility of these other sites or any products or services promoted and/or available on or through them. The inclusion of any such links does not imply any endorsement, sponsorship, or any other association between the third party providing such other website and MSOF. Regardless of any such endorsement, sponsorship, or any other association, you bear sole responsibility and risk for your access to such third party sites and all content, features, products, and services available on or through them, including with respect to any claims, damages, or liabilities incurred in connection therewith.

You may provide links only to MSOF’s primary website: https://www.msofc.org but only in a manner that is reasonable and not misleading. Such linking, including any content provided therewith, may not state, suggest, or imply any endorsement, sponsorship, or any other association with MSOF unless prior written approval is obtained from the MSOF. Notwithstanding the foregoing, MSOF’s Website may not be linked by any site that contains adult content such as pornography or content that is illegal or encourages conduct that would be illegal, infringing, false or misleading, defamatory, harassing, threatening, stalking, abusive, vulgar, obscene, harmful, hateful, objectionable, tortious, libelous, invasive of another’s privacy, or directed to or harmful to minors in any way.

Providing Notice of Alleged Copyright Infringement

Any copyright owner who believes their copyrighted material is being infringed with respect to the Website (“complaining party”) should report any alleged violation to the MSOF’s Executive Director by written notice to MSOF by electronic message using the available email address on the Web Site, home@msofc.org. Any such notice to the Foundation should be as detailed as possible and include, as set forth in 17 U.S.C. § 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material 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 information reasonably sufficient to permit MSOF to locate the material; (iv) information reasonably sufficient to permit MSOF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual Property

The Website and everything contained on it are the property of MSOF and/or its licensors. Without limitation, such property includes all content on the Website, for example trademarks, text, videos, audio, and pictures. Access to the Website is limited by MSOF to personal and non-commercial use and only to the extent authorized by the Foundation. Such access may be revoked by MSOF at any time for any reason. Reuse or resale of this property or any portion thereof is prohibited unless MSOF expressly grants otherwise in writing. For the sake of clarity, you may not download (except with respect to page caching), copy, reproduce, publish, republish, use, distribute, display, post, transmit, translate, modify, adapt, create derivative works of, perform, or otherwise exploit the Website or any portion thereof without MSOF’s written permission. Moreover, to be clear, you may not “mirror” the Website or any portion thereof on any other server without MSOF’s prior written permission.

MOSF takes its intellectual property, and that of third parties, quite seriously. To that end, MSOF reserves the right, at its sole discretion, to limit or terminate your access to the Website in connection with MSOF’s efforts to protect its intellectual property and that of third parties.

MSOF’s logos and slogans, and any other trade names, commercial names, trademarks, service marks, certification marks, and collective marks as these terms are defined in 15 U.S.C. § 1127, alone or in combination (collectively, “Marks” or “Third Party Marks” if not owned by MSOF), whether registered or unregistered, present in any manner on the Web Site may not be copied, imitated, or used in any other way, whether in part or in the entirety, without the prior written permission of MSOF. For the sake of clarity, any use of metatags or any other hidden text with respect to MSOF’s Marks is expressly prohibited unless the MSOF has granted advance permission to do so in writing.

Any Third Party Marks, including but not limited to those of MSOF’s partners and licensors, that are present on the Website also may not be copied, imitated, or used in any other way, whether in part of in the entirety, without the prior written permission of the holder of the Third Party Marks. The presence of Third Party Marks on the Website does not represent any endorsement, sponsorship, or recommendation by MSOF, either express or implied, unless MSOF clearly states otherwise.

Submission Policy

If you are uploading, posting or in any way submitting anything to or through the Website, such as personal information, text, photos, or videos (collectively, “Submissions”), you represent and warrant that you own the Submissions or the owner has consented to your Submissions, and that you are at least 13 years old. You are solely responsible for any damages as a result of any infringement of intellectual property rights (such as copyright infringement) or any other harm resulting from your Submissions.

Where MSOF has specifically invited or requested submissions, MSOF encourages members of the public to submit user published Content or user Content (e.g., postings to chat rooms, comments to our blogs, participation in communities, videos, tips, etc.) to MSOF that they have created for consideration in connection with the Website and any related programs, books, and broadcasts (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting User Submissions on our Website, you expressly grant MSOF a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. In addition to the foregoing, you grant MSOF and anyone we authorize the right to identify you as the author or originator of any of your Submissions in a manner of our choosing, for example by your name or email address. 

MSOF will refrain from collecting identifying information, revealing the individual identity, or identifying information pertaining to survey submissions or any research-related submissions without written consent as a general practice. Privacy and security are paramount MSOF considerations.

Inappropriate Materials and Submissions

You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. MSOF may reject any submissions or postings in which MSOF believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, MSOF reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Website.

You further understand and agree that sending unsolicited e-mail advertisements to the Website or any user of the Website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

If you have any questions or requests regarding this policy, if you would like to change your preferences, if you no longer wish to receive e-mail updates from MSOF, or if you believe MSOF has erroneous or incomplete information about you, please e-mail MSOF at home@msofc.org.