Privacy Policy and Terms of Use

Policies Concerning Site Ownership, Conditions Of Use, Privacy & Protection

Welcome to AmericanFreedomFoundation.org (“Site”) and its related programs! This Site is owned and operated by the American Freedom Foundation, Inc. (“AFF” “us,” or “we”), a 501(c) 3 non-profit public benefit corporation dedicated to supporting the needs of both active and retired military personal through a variety of entertainment, educational, outreach and fundraising programs, including the American Freedom Festival, the Best Armed Forces Friends Forever program, the AFF newsletter, and other community-building initiatives.

We appreciate your patronage and want your visit with us to be enjoyable, easy and safe. Visit the Site often, stay as long as you like, and enjoy AFF’s continuing program of important information, inspiring stories, featured profiles, and engaging interactive programs. The important information below describes our Policies Concerning Site Ownership, Conditions Of Use, Privacy & Protection (“Policies”) and is intended to (i) guide your activity as you navigate the Site; (ii) identify the rights and obligations attached to various properties and elements of the Site; and (iii) help you understand the code of conduct governing the behavior of all visitors.

Legal Agreement; Revisions.

You are welcome to visit and use the Site, subject to the Policies. The Policies create a binding contract between you and us and contain important information on your legal rights, remedies and obligations. Your actions of visiting, browsing or otherwise using the Site, constitute your acknowledgement, for yourself and on behalf of any of your children visiting the Site with your knowledge and approval, that (i) you have read, understood, and agree to comply with the Policies and all applicable laws, rules and regulations; (ii) your use of the Site and its services is a valuable benefit received by you; and, (iii) you may not and will not visit, browse or use the Site if you do not agree to the Policies. AFF may change or revise the Policies at any time, for any reason and without notice and your continued use of the Site signifies your acceptance of any changes or revisions. Please visit this page on a regular basis to ensure that you are aware of our most recent version of the Policies. If you have any questions or concerns regarding the Policies, please e-mail us at support@AmericanFreedomFoundation.org.

Your Account and Your User Information.

When on the AFF Site, you may be required to provide user or registration information (“Your User Information”) and establish a free, informal membership or account prior to utilizing AFF services, joining AFF communities or participating in AFF programs (“Your Account”). This process is necessary for the safety of other AFF visitors and to ensure that we can notify you about changes in or events affecting the Site or its programs. In opening Your Account, you must provide us with complete and accurate information and grant AFF and all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Site. AFF’s information collection and use policies with respect to the privacy of Your User Information are set forth below under “Privacy”. You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify AFF immediately of any suspected or actual unauthorized use of Your Account or Your User Information or any and all other security breaches. AFF reserves the right to terminate Your Account or to refuse services to you, without prior notice, at any time and for any or no reason. Repeat copyright infringers, those tampering with the operation of the Site or anyone engaging in the prohibited conduct set out under “Site Use” will, in appropriate circumstances, have their accounts permanently terminated and their content removed from the Site without notice.

Privacy.

Werespect your privacy and share your concerns about its protection. Visiting any private pages or areas of the Site, registering to participate in AFF programs or surveys, signing up to receive information or special offers, making a donation, purchasing items, engaging in blogs, chats, discussions or comment features or becoming a part of any special groups might all very well require your disclosure of private information. This private information may include (i) information necessary to determine your eligibility to participate in specific activities, such as your place of residency; (ii) information necessary to contact you, such as street or e-mail addresses and telephone numbers; and (iii) information that is helpful in determining what other AFF programs might interest you, such as gender or occupation. Visitors are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no online site or activity is completely impervious to outside intervention or activity, regardless of the level of security employed by AFF and may become accessible to third parties despite AFF’s very best efforts. Any information provided toAFF or to a sponsor or co-presenter of one of AFF’s programs (“Sponsor”) by you will be used by AFF and/or the Sponsor in connection with the purposes of the Site or identified AFF programs, to communicate with you for purposes of announcements, offers, providing information or necessary notices or in connection with other appropriate purposes; provided, however, it will only be used for direct marketing purposes if you have consented to such use. Regardless, any personal information provided by you for the benefit of other visitors or users, including your name, address, telephone number and e-mail address should only be disclosed at your own risk and AFF shall have no liability in connection therewith. Some information is also openly and obviously displayed as part of functionality, as in connection with chatting or the identification of visitors registering to interact with other visitors on the site, and will be therefore be available to other visitors. All private information is collected from fields filled in by you and either stored on the AFF database server, as fully segregated data on the server of AFF’s authorized hosting service or on the server of one of AFF’s identified Sponsors. In most cases and unless otherwise indicated, information collected by an AFF Sponsor is used solely in connection with the disclosed activities of that identified Sponsor and not provided to or used by any other third party. AFF does not sell its information to third parties. All data is proprietary to AFF and its assignees or designees and will not be returned to you. Information required in connection with charitable donations, including credit card information, is collected by an established, reputable and security-conscious third-party company, utilizing encryption technology and other premium safety features, is used solely for the purposes of making charitable donations of amounts set by you and is neither available to or stored by AFF or its Sponsors. As well, AFF may also aggregate your activity on the Site to better understand the general nature, traffic patterns and interests of visitors to the Site. In all cases, this aggregated data is anonymous and does not contain any personal information identifying any visitor.

AFF understands that children under 13 years of age (“Young Children”), as well as young people between 18 and 13 (“Older Children”) are particularly vulnerable to abuses of private information. AFF activities, including the BFF program, are intended for individuals 18 years of age and above. The AFF Site is designed to establish its mature focus and does not contain elements or activities intended to be attractive to or engage Young Children or Older Children to enter or participate in the activities of the Site. While there may be some areas of the Site, such as participation in the BFF program, that are inherently attractive to Young Children or Older Children, AFF will not knowingly engage or collect any personally-identifiable information from Site visitors who are Young Children or Older Children. Families participating in AFF activities, such as the BFF program, as a group should only provide the personal information of a parent or parents and personally monitor any visits to the Site by their children. Individuals providing verifiable and adequate evidence that they are the parent or guardian of any Young Children that have provided personal information may request (i) a description of that collected personally-identifiable information; (ii) that AFF limit or restrict any further use or maintenance of that or other provided information; and/or (iii) that AFF delete the information. Such requests should be made to AFF in writing at support@americanfreedomfoundation.org.

Ownership of Site Materials, Content, and Intellectual Property.

AFF and/or its designated subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees, as AFF indicates in writing, are the exclusive owners of all content, materials, technical elements and intellectual property rights, including, without limitation, any and all copyrights, moral rights, trademarks, service marks, trade dress, brands, logos, designs, patent rights, features, functions, services, software, algorithms, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, URLs, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site (“AFF Content”). All trademarks and service marks, including American Freedom Foundation™, American Freedom Festival™, and others (“AFF Marks”) are the exclusive property of AFF and any unauthorized use of AFF Marks, or of any word, term, name or symbol that dilutes the AFF Marks is likely to cause confusion or mistake with respect to an unauthorized connection or association of AFF Marks with an unauthorized third party, its approval, sponsorship, products or services, is strictly prohibited by law. No ownership or other interest in any AFF Content or AFF Marks is acquired by any user or visitor accessing, browsing or otherwise using the Site. All other trade names, trademarks, service-marks, names of individuals, names or logos of third party organizations, venues, associations, products, services or company designations (“Third Party Materials”) appearing on the Site are the property of their respective owners (“Third Party Owners”) and there is no sponsorship, endorsement, commercial or private business relationship, or authorization, express or implied, by or between the Third Party Owners and AFF Marks, AFF Content, products, services, events, or activities on or related to the Site.

Site Use; AFF’s Right to Monitor Site and Control User-Generated Content.

You may access, browse and use this Site and AFF Content only for your personal, non-commercial use, on a single computer or similar device. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any AFF Content, except as may be specifically and narrowly allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108, 110. Any such allowances will, at all times, be prominently accompanied by (i) a copyright notice in the form identical to the copyright notice appearing on the applicable AFF Content; and (ii) a credit line appearing as follows “Accessed at www.americanfreedomfoundation.org on ______ __, 2010”. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any AFF Marks, except as may be allowed by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 etseq.

Certain features of the Site may allow you to post, upload, transmit or submit materials, content, information or ideas to the Site (“Your Content”). Please do not bring any confidential, secret or proprietary information or materials to the Site for any reason or in any format, as the online distribution of that information may diminish or extinguish your rights or the value of your proprietary assets. AFF is not responsible for keeping any of Your Content confidential or maintaining Your Content and may edit it, in whole or in part, or remove it at any time for any reason or for no reason and without notice to you. By providing Your Content to us, you represent and warrant that (i) Your Content does not violate any rights, including the rights of privacy, of any third party and does not otherwise violate the law; (ii) Your Content is original to you; (iii) you own or otherwise control all rights in Your Content; and (iv) you have the rights necessary to grant us grant to us a world-wide, non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sub-licensable right and license, to copy, reproduce, modify, distribute, transmit, display, perform, publish, sell, create derivative works from, and otherwise use Your Content, for any purpose, in our sole discretion, through any means or media, whether now existing or subsequently developed, without any compensation to you and in accordance with our Privacy Policy. You agree to indemnify and hold AFF harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from any and all uses of the Site by you, any uses by any party of Your Content or the posting of Your Content on or submission to the Site and/or your violation of these Policies. You will cooperate as fully as reasonably required in the defense of any such claim or action; provided, however, that AFF reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Due to volume, AFF cannot monitor posted content in real time, although we have the absolute and sole right to monitor and/or review any or all materials posted to the Site. AFF is not responsible for any such materials and has the right to disclose, edit, refuse to post, or remove any user-generated information or materials (i) as necessary to satisfy any law, regulation or government request; (ii) because AFF, in its sole discretion, or another user finds it objectionable; or (iii) because the content is posted violation of these Policies. A feature on the Site permits any BFF Community member to flag objectionable content for review by AFF and AFF retains the absolute right to remove such content without any notice to the generating user. AFF retains the right for any reason, regardless of whether you are in breach of any specific Policy or applicable law, to impose limits on or restrict your access to part or all of the Site’s features or services, all without any notice or liability to you or any third party. You warrant and agree that while accessing or using the Site you will not, under any circumstances, engage in “prohibited conduct,” which includes, but is not limited to the following behaviors:

impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, AFF, its employees, contributors and contractors or otherwise affiliated with us;
insert your own or any third party’s advertising, branding or other promotional content into any Site Content;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site or obtaining lists of users or other information from or through the Site, including, but not limited to any information residing on any server or database connected to the Site;
tamper with, “hack,” illegally or improperly access or use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, but not limited to sending mass unsolicited messages, using automated registration programs or other means to “flood” servers;
use the Site or its services in violation of AFF’s intellectual property rights, other proprietary or legal rights or the rights any third party;
engage in, through posting, chatting, blogging or any other means, any objectionable, offensive, obscene, derogatory, defamatory, discriminatory, false, harmful, hurtful, violent, profane, sexually suggestive comments or speech, “hate” speech, speech or comments exhibiting gross and intentional disregard for the feelings of others or oneself or any speech intended or likely to exhibit disregard for the rights and values embodied in the Communications Decency Act, common law, federally and state-enacted legislation against violations of the Lanham Act, slander, libel, and defamation, or otherwise use the Site or its services in violation of any applicable law; or
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its services.

Any violation of the policies described herein, any attempt to damage the Site or tamper with or undermine the legitimate operation or uses of the Site, is a violation of AFF’s policies, as well as any and all applicable criminal and civil laws and AFF reserves the right to seek remedies and damages from you or individuals acting in concert with you to the fullest extent permitted by law.

Links to Third-Party Websites and/or the Site.

The AFF Site contains some links to the websites of third parties, some who are collaborating with AFF on specific programs (such as the BFF program), some who assist AFF in the administration of important functions (such as the collection of charitable gifts), and others that are simply consistent with AFF’s mission and can provide its visitors with valuable information, education, entertainment, products and services. Using any of these links will cause you to leave the Site and enter a third-party site. The privacy policies and practices of these sites may be different from those of AFF and we encourage you to become familiar with them. The third-party sites are not under AFF’s control and AFF does not examine or evaluate their policies and is not responsible for their content or operation. Unless otherwise stipulated, AFF does not approve, warrant, endorse, or otherwise make any representation about the third-party sites or their owners or operators and does not assume any related responsibility or liability. Please exercise caution and good judgment in evaluating and using these sites, providing private information, or making financial transactions as when you link to these sites, you become subject to their conditions of use and privacy policies. No visitor may include a link from any website to the Site without express written approval from AFF, including any link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. AFF may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.

Disclaimer and Limitation of Liability.

AFF administers, controls and operates the Site from its offices in Nashville, Tennessee in the United States of America. The Site is accessible world-wide, but some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. The Site’s availability in a territory is not to be deemed an indication of its applicability in that territory and AFF makes no representation that the Site and Site Content are appropriate or authorized for use in and particular territory or all countries, states, provinces, counties or jurisdictions. Participation in any programs or features included on the Site is limited to those individuals identified as eligible for inclusion in the program or feature and you are encouraged and cautioned to review any specialized or additional policies, rules or regulations contained on the Site and pertaining to such programs or features. Inclusion of such programs or features on the Site is not to be deemed available to or authorized for participation, use or enjoyment by all persons or in all territories. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. AFF reserves the right to limit, in its sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

Any information, instructions, suggestions, directions, advise, or comments contained on the Site is of a general nature only and you, alone, are responsible for determining whether it applies to your specific situation. AFF specifically disclaims any liability for any action or decision to refrain from any action taken by any person based on any Site Content. Some Site Content is provided by the users of this Site in connection with features permitting the posting of comments, chatting, blogging or similar applications (“User Content”). With the exception of the limited license specified above, AFF does not monitor, review, obtain or exert editorial control over User Content or independently or in any way verify the accuracy, representations or warranties made with respect to Your Content or User Content. AFF does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site, any Site Content or User Content nor is it liable for any errors, omissions or inaccuracy in Site Content or User Content.

The Site and Site Content are provided "as is" and “as available” without warranties of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy or usefulness of Site Content and any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement, which are excluded from this agreement to the extent that they may be excluded as a matter of law. AFF does not warrant that the Site or Site Content will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors, or defects. Your use of the site is at your own risk. AFF assumes no responsibility and shall not be liable for any damages to your computer or viruses that may infect your computer equipment or other property from your access to, browsing in, or use of, the Site or the downloading of Site Content by you. You are solely responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. We make no warranty that the Site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from AFF or through the Site shall create any warranty not expressly made herein.

Except as set out below, under no circumstances, including, without limitation, breach of contract, tort or negligence, will AFF be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with the use of the Site or with the delay or inability to use the Site, or for any information, software, products or services obtained through the Site, or otherwise arising out of the use of the Site, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you. In no event shall AFF be liable for, or in connection with any Site Content, User Content, or any of Your Content posted, transmitted, exchanged or received by or on behalf of you, any user or other person on or through the Site. In no event shall AFF’s total liability to you for all damages, losses and causes of action exceed in the aggregate (i) the amount, if any, paid by you to AFF for your use of the Site or for any of your activities on the Site during the three months immediately preceding your claim; or (ii) one hundred U.S. dollars (US$100.00), whichever is greater.

Notification and Counter-Notification of Claim of Copyright Infringement.

AFF respects the intellectual property rights of others and requires our visitors and users to do the same. If you believe that your intellectual property, subject to copyright, has been infringed by AFF, you should provide prompt notice of your claim of copyright infringement in connection with Site Content by please sending written notification to:

American Freedom Foundation

3803 West End Avenue, #1

Nashville, Tennessee 37205

Attn: Corporate Director

support@americanfreedomfoundation.org

With a copy to:

Robin Mitchell Joyce, Esq.

Milom Joyce Horsnell Crow PLC

3310 West End Avenue, Suite 610

Nashville, Tennessee 37203

Telephone: 615.255.6161

rjoyce@mjhc-law.com

Your notice must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 us to locate the material;
Information reasonably sufficient to permit AFF to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have 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
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving proper notification of copyright infringement as described above, AFF will remove or disable access to the allegedly-infringing material, promptly notify the alleged infringer of your claim, and advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512. If AFF receives a valid counter-notification, the removed or disabled material will be restored after ten (10), but no later than fourteen (14), business days from the date on which AFF receives the counter-notification, unless AFF first receives notice from you, as the party filing the original notification of copyright infringement, providing notice that you have filed a court action to restrain infringement of the material in question.

Modification, Suspension, Termination and Assignment.

AFF reserves the right to modify, suspend or terminate, in its sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, any portion of the Site. You agree that AFF may assign any of its rights, and/or transfer, sub-contract or delegate any of its obligations under these Policies or otherwise. Your agreement to these Policies is personal to you and you may not transfer or assign it to any third party.

Governing Law, Jurisdiction and Entire Agreement.

You agree that the laws of the State of Tennessee and the United States of America, without regard to the principles of conflict of laws, will govern your use of the Site, these Policies and all matters relating to your access to, and/or use of the Site, including all disputes between you and AFF. You irrevocably submit to the exclusive jurisdiction of and venue in the state and federal courts seated in Davidson County, Tennessee and the related appellate courts in any related action or proceeding. These Policies shall be deemed to include all other notices, policies, disclaimers and other Policies and conditions contained in the Site, including, without limitation, AFF’s Privacy Policy; provided, however, that these Policies shall prevail in the event of a conflict with such other documents. These Policies constitute the entire agreement between you and AFF and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AFF, with respect to your use of the Site and all matters relating to your access to, and/or use of the Site. A printed version of these Policies and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Policies to the same extent as other business documents and records originally generated and maintained in printed form. If any part of these Policies is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Policies shall continue in full effect. Any rights not expressly granted in these Policies are reserved to American Freedom Foundation, Inc.