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Terms of Use

Terms of Use

Updated on 7.13.2020

Please read the TERMS AND CONDITIONS OF USE carefully BEFORE ACCESSING the Souper Bowl of Caring’s Websites (“Sites”).  THESE TERMS AND CONDITIONS OF USE AND THE REFERENCED PRIVACY POLICY constitute the “Agreement” between you and Souper Bowl of Caring. By accessing or using THE SITES, you signify that you have read the Terms and that you understand and agree to be bound by the TERMS OF THIS Agreement.   

YOU SHOULD REVIEW THIS AGREEMENT EACH TIME YOU ACCESS THE SITES. SOUPER BOWL OF CARING RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME.  EACH TIME YOU USE THE SITES, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITES. BY CONTINUING TO ACCESS THE SITES, YOU ACKNOWLEDGE THAT YOU WILL BE BOUND BY THE AGREEMENT.  IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD DISCONTINUE USING THE SITES. 

Welcome to the Souper Bowl of Caring’s (“SBoC” or “us” or “we”) website terms of use (the “Terms”). These Terms are important and, together with our Privacy Policy, and any other notices we may provide you, govern your interactions with the Sites and Services, so please read them very carefully. 

By browsing or using the SBoC sites, you agree to comply with and be bound by the Terms along with our Privacy Policy.  SBoC endeavors to make sure our website is accessible to all users.  If you find any portion of this website inaccessible, please contact us at [email protected].

In order to use our site, you must be  (i) either 18 or older;  or (ii) 13 or older, with your parent or legal guardian’s consent.

SBoC reserves the right to change or modify the Terms at any time without notice and at its sole discretion.  Any modifications or changes will be effective immediately when posted on the SBoC Sites.  Your continued use of the Sites constitutes your acceptance of such changes or modifications.  On occasion, you should review these terms.  If you do not agree to these terms at any time, you must stop using the site.  If you have any questions about these terms, please contact us at [email protected].

Privacy Policies:

For information about how SBoC collects, protects, stores, uses, and discloses information it collects from site users and/or donors, please refer to our specific privacy policies (link here).

By using the Sites and Services, you understand that you represent and agree that all information you provide to SBoC will be true, accurate, complete and that you will update the information as necessary to maintain such information as being true, accurate, complete and current.  You understand and agree that any Personal Information that you provide to SBoC will be used by SBoC in accordance with our stated Privacy Policy (link here).  You understand that SBoC will not be liable for any loss or damage arising from your failure to comply with these requirements.

Donations:

Any user of the Sites may become a donor to Souper Bowl of Caring.  You understand and agree that you are under no obligation to become a donor and that you will be solely responsible for any decision to donate to SBoC.  You understand that your contribution is being made to individual food charities and the SBoC.  The charities to whom the donations were directed have exclusive legal control over all donations made.  You represent and agree that all payment information you submit will be true, accurate, current, and complete and that you will update the payment information as necessary to maintain the accuracy of the information.  You agree that all donations are final and will not be returned, in whole or in part.

Links to and from the Sites:

The Sites may contain links to third party websites.  Any links are provided as a convenience to you as a  user of the Sites.  Neither the inclusion of any links nor the reference to products, services, and other information, by name or supplier constitutes or implies endorsement, sponsorship, or recommendation by SBoC.  You understand and agree that any such third-party websites are not under the control of SBoC, and that SBoC is not responsible for the content or products/services at such website.  Any damages or liabilities incurred by you because of your use of any third-party website is your responsibility.

User Submissions:

Any comments, pictures, video, or information submitted to SBoC or to the Sites (via email and regular mail) shall be deemed non-confidential except as set forth in the privacy policies document (link here).  By providing materials such as photos and data about your SBoC impact, you agree that you have all necessary rights to post such materials, information, and photos.  Further, you grant to SBoC a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, store, reproduce, modify, license, publish, publicly display or perform and distribute such submitted materials in whole or in part.  Additionally, you agree that we may incorporate all or part of the materials submitted in marketing, fundraising, or showcasing SBoC in any form, media, or technology. 

You accept all risk associated with providing materials and information to SBoC via the Sites or Services.  You are solely responsible for your own submissions and the consequences of submitting, posting, or publishing them SBoC.  Without the limitation of the foregoing, SBoC will be free to use the submissions in any way without specific acknowledgement or compensation to you.  In addition, if you submit feedback or suggestions about the Sites or Services, SBoC may use your feedback or suggestions without obligation to you. 

You agree that you will not submit or transmit any of the following to the SBoC Sites:

  • Anything that interferes with or disrupts the site and its operation,
  • Anything that is unlawful, defamatory, libelous, threatening, pornographic, harassing, obscene, or anything that encourages unlawful conduct,
  • Anything that portrays SBoC in a false, misleading, derogatory, or otherwise defamatory manner,
  • Anything that uses unauthorized copyrighted materials, or any material that infringes on the intellectual property rights of others,
  • Anything that negatively impacts the trademarks, service marks or intellectual property rights of SBoC, including associated goodwill,
  • Anything that misrepresents any other person or entity, whether actual or fictional or misrepresents your affiliation with any entity.
  • Anything that contains malicious code, viruses, malware, corrupted files, or any similar programs that may damage or hinder the operation of another’s computer, network or the SBoC site, and
  • Anything else that SBoC determines is contradictory to its charitable mission or is otherwise objectionable at SBoC sole discretion.

Copyright and Limited License:

he Sites and all content and materials on the Sites, including but without limitation: all trademarks, service marks, texts, graphics, pictures, video, information, software, including all materials on the Sites are the proprietary property of SBoC and are protected by U.S. copyright, trademark, and other intellectual property laws.  SBoC grants you p to access and use the Sites and materials listed as resources and downloadable at the Sites, altering campaign collection information where necessary with use for specific SBoC events.  SBoC grants you permission to use the SBoC service mark to advertise the campaign if the mark is not altered in any way.  Logos for use in local campaign advertisement are downloadable for free at the resource page of the Sites.  SBoC grants you permission to use the Sites’ resources and materials for your non-commercial use.  In addition, you agree that such permission does not include: (i) any commercial use of materials unauthorized by SBoC staff, (ii) the distribution, public performance or public display of any site or campaign materials, except as expressly permitted on the site or through documented correspondence with SBoC staff, (iii) making any derivations of campaign materials for commercial use.  In addition, you agree that the use of data mining, robots or similar data gathering, or extraction methods is prohibited.  Any permissions granted herein are revocable at any time, with or without cause. 

SBoC remains vigilant about unauthorized use of others’ intellectual property and/or copyrights.  SBoC will work toward identifying if there are infringements on the Sites and will take reasonable steps to remove such material.  If you are a copyright holder and believe that any copyrighted material on SBoC’s site infringes your work, please email us at [email protected]

Disclaimer of Warranty:

Except as expressly set forth herein and as may be required by law, SBoC expressly disclaims all representations and warranties, expressed or implied, in connection with the Marks and these Terms, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. All materials provided hereunder are provided “as is” and “with all faults.”

Limitation of Liability:

To the fullest extent permitted by applicable law, in no event will SBoC or its affiliates, officers, employees, directors or agents be liable to you or any third party for any direct, indirect, punitive, incidental or consequential damages arising out of your use or inability to use this site and any of the materials contained herein.  This includes any uploading or downloading of content to or from the Sites and any donations that you make via the Sites, regardless of the manner in which such damages are incurred or designated, or for any loss of profits, even if SBoC was informed of the possibility of such damage or loss. 

Termination of Usage:

SBoC reserves the right, without notice and on its sole discretion, to discontinue the site or any services herein.  Additionally, SBoC may terminate your license to use the site and block your access to the site at any time without notice.  You hereby release SBoC from all claims, damages, liabilities, and cause of action arising out of suspension or termination use of the Sites. 

Choice of Law:

The Terms  are governed and created in accordance with the laws of the State of Texas, applicable to agreements made and to be entirely performed in the State of Texas.  You agree that any action arising or in any way related to these Terms shall be filed in the courts in Texas.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms. 

Operation and Agreement:

SBoC controls and operates the Sites from the United States.  If any provision of these Terms is deemed unlawful, void, or unenforceable, then such provision will be stricken from these Terms and shall not affect the overall validity and enforceability of any remaining provisions. 

These Terms constitute the entire agreement and supersede all other understandings and agreements between you and SBoC with respect to the subject matter hereof.  SBoC will not be bound by any other modifications or amendments to these terms unless expressly accepted inwriting by SBoC referring to these terms. 

Questions and Contact Information:

If you have questions or would like to contact the staff at Souper Bowl of Caring regarding our site, please email us at  [email protected] or call 1-800-358-SOUP(7687).