LAST REVISED: April 26, 2019
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. BY ACCESSING AND/OR using services you acknowledge that you are not a minor and agree to be bound by the terms of the agreement.
This Site is owned, controlled, and operated by The Dollywood Foundation, Inc. (“Foundation”) and its Affiliates (“Affiliate” means an entity that is directly or indirectly controlled by the Foundation. Foundation and Affiliates are collectively referred to as “our” “we” or “us”). We are a non-profit charitable organization that champions early childhood learning programs. You can make a donation, acquire products, sign up for our newsletter, register a child to Dolly Parton’s Imagination Library (“Library”), and/or access other Services through our Site. The Library is a book-gifting program that provides free, high-quality books to eligible children from birth to five (5) years old. Parents, legal guardians, and other authorized adults (“Authorized Adults”) can register eligible children for the Library.
3. REGISTRATION AND ACCOUNT SECURITY
You will need to create an account to access and use the Library and certain other Services. To create an account, you must: (a) be at least eighteen (18) years old; (b) provide us with your first and last name; (c) have a valid email address; (d) select a user name and create a unique password. You are solely responsible for: (a) maintaining the confidentiality of your user name and password; (b) ensuring all information used in connection with Services is accurate and current; and (c) any activity you conduct through your account, whether by you or someone else. You must immediately notify us of any unauthorized use of your account. We reserve the right, in our sole discretion, to terminate or suspend your account.
4. DATA RETENTION POLICY
The Dollywood Foundation, Inc. is committed to keeping personally identifiable information from Dolly Parton’s Imagination Library participants for a limited time by adhering to a model that retains information only as long as necessary to allow for research and program reporting.
Program Affiliate Access:
The full registration record will be maintained in the Book Order System from date of registration up to the month of child’s 5th birthday. Upon month of child’s 5th birthday, program Affiliates are able to access an amended record, with the child’s name and account email removed, for 12 months. Upon the month of child’s 6th birthday, the registration record is no longer available to program Affiliates in the Book Order System.
The Dollywood Foundation, Inc. Access:
The full registration record is maintained in the Book Order System for program administration, research and program reporting from date of registration up to the month of child’s 11th birthday. Upon month of child’s 11th birthday, The Dollywood Foundation, Inc. will anonymize the registration record, permanently deleting all personally identifiable information (PII), and retain the anonymized record in the Book Order System for program reporting until the Dollywood Foundation ceases operation.
5. PAYMENT FOR SERVICES
Certain Services require payment through our third-party service provider that accepts credit cards safely and securely for our guests. This service provider adheres to the Payment Card Industry Data Security Standards (“PCI DSS”), which is the bankcard industry’s most stringent security standard. The information you provide to us, such as cardholder name, credit card number, billing address, check routing number, account number, or the like, will only be used by us in connection with Services you authorize through the Site.
(a) Services. Subject to your compliance with this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use Services as expressly permitted herein. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
(b) Your Content. You hereby grant to us and our owners, Affiliates, representatives, licensees, licensors, and assigns a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to use, distribute, store, transmit, and/or reproduce any information you submit in connection with the Services (“Your Content”) to: (i) make Services available to you; (ii) manage your account; (iii)
7. RESTRICTIONS/CODE OF CONDUCT
You agree not to do any of the following:
(a) Submit any direct or indirect endorsement or opinion of any product or service without disclosing any association you may have with such content as required by the Federal Trade Commission.
(b) Upload any content for the purpose of intentionally misleading us or any other Services users.
(c) Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful content.
(d) Upload content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
(e) Upload content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other software or programs that may damage the operation of Services.
(f) Falsify, delete, or otherwise alter any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of content or other material contained in a file that is uploaded.
(g) Resell or otherwise commercialize any other function or feature of our Services.
(h) Violate any applicable laws or regulations with respect to your access and use of our Services.
8. INTELLECTUAL PROPERTY RIGHTS
(a) Intellectual Property Rights.. “Intellectual Property Rights” means any and all right, title, or interest, arising or existing as of the date of this Agreement, or at any time thereafter, anywhere in the world, including, but not limited to, all patent, patent registration, copyright, trademark, trade name, service mark, service name, trade secret, or other proprietary right arising or enforceable under any United States federal or state law, rule, or regulation, non-United States law, rule, or regulation, or international treaty in any technology, system, invention, discovery, know-how, process, method, information, medium, or content, including, but not limited to, text, print, pictures, photographs, video, marks, logos, designs, drawings, artistic, and graphical works, music, speech, computer software and documentation, any other works of authorship and any form, method or manner of expression or communication now known or hereinafter becoming known. The Services and all content, materials including, but not limited to text, graphics, service marks, logos, images, and logos (“Material”) used therein are owned by or licensed to us and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. You agree not to misuse, copy, and/or redistribute any Material.
We reserve the right to immediately terminate your use of services, in our sole discretion, if we determine that your use of such is improper or in violation of any provision of the agreement.
(b) Your Content. All logos, trademarks, buttons, icons, images, text, and graphics used in connection with the Foundation (collectively referred to as “Foundation Content”) are protected under U.S. copyright laws, international treaties, and are exclusively owned and/or controlled by the Foundation.
Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplication, or any other misuse of foundation content is prohibited.
9. DISCLAIMER OF WARRANTIES
Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information.
Services are provided to you as is. We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance. We make no warranty, representation, or condition that: (a) services will meet your requirements; (b) your use of services will be uninterrupted, timely, secure, or error-free; (c) any results obtained from use of services will be accurate or reliable, or (d) any errors in services will be corrected. The Foundation disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any content.
You assume the entire risk of loss of content and/or damage due to your use of services.
If you are a resident of a jurisdiction that requires a specific statement regarding the release, then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California civil code, and every similar provision in law, regulation, or code applicable in your jurisdiction with similar intent or effect as the aforementioned provision.
10. LIMITATION OF LIABILITY
Your use of services is entirely at your sole risk. Neither we nor our owners, directors, officers, employees, licensors, vendors, and/or agents shall be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use services, even if we have been advised of the possibility of such damages or loss.
In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
You agree to defend, indemnify, and hold harmless the Foundation and its employees, officers, directors, shareholders, and agents from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees), from or in any way related to (a) Your Content; (b) your use of the Services; (c) your violation of any term of this Agreement; (d) your violation of any third-party rights; (e) your violation of law; and/or (f) use of any services provided by third-party service providers. You may not settle or compromise any claim without our prior written consent. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You may terminate your account and use of Services by notifying us at any time and closing your account for Services. Termination of your account may result in the immediate deletion of any or all of Your Content. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. Upon termination, you must cease use of the Services and return all materials obtained from such us and all copies thereof, whether made under the terms of this Agreement or otherwise. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.
Please note that this agreement and services are subject to change at any time. When changes are made to this Agreement, we will update the “Last Revised” date at the top of the Agreement. If we make any material changes and you have an account, we may also send an e-mail to you at the last e-mail address you provided to us, pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of Services constitutes your acceptance of such change(s). The Foundation reserves the right, in its sole discretion, to discontinue, change, improve, and/or correct our Services, at any time, without notice. Services may not be available during maintenance breaks and other times.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (“WCAG”) and other measures to assist with making Services user-friendly and accessible to visitors with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate Foundation Material in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of Foundation Material.
Please contact us at the email or physical address or phone number in the Contacting Us section below (Monday through Friday, from 9 a.m. to 5:00 p.m. Eastern Standard Time) for assistance with Services.
15. THIRD PARTY LINKS
By providing your email address to us or creating an account you consent to receive our newsletter, emails, and/or other communications from us regarding Services. You may unsubscribe from these communications at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at [email protected] with the word “UNSUBSCRIBE” in the subject line.
18. CHOICE OF LAW AND VENUE
The laws of the State of Tennessee, U.S.A. (without regard to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and all transactions it contemplates,
including, without limitations, its validity, interpretation, construction, performance, and enforcement.
19. DISPUTE RESOLUTION (PLEASE READ THIS SECTION CAREFULLY)
(a) General. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intended Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of Services, (collectively, “Dispute”), then you agree the Dispute shall
be submitted to confidential arbitration in Knoxville, Tennessee, and you agree that all disputes will be governed by the laws of the State of Tennessee without regard to choice of law principles. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of Tennessee. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to, or connected in any way with your use of Services must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
To the extent permitted by applicable law, you understand that you are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
20. NO CLASS ACTIONS
You and the foundation agree that any claims brought against each other must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, no arbitrator or court may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief.
21. SEVERABILITY; HEADINGS
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement, as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any other time.
We may assign our rights and/or obligations under this Agreement to any other party at our sole discretion.
19. CONTACT INFORMATION
If you have any questions or concerns, please contact us at:
The Dollywood Foundation
Attn: Data Protection Officer
111 Dollywood Lane,
Pigeon Forge, Tennessee 37863
Email: [email protected]