The Heart Gallery Website
Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using the website located at www.heartgallerynj.com and other affiliated domain names (collectively, the "Site"), you agree to these terms and conditions. If you do not agree, you should not use this Site. The paragraphs that follow describe the agreement entered into by using this Site, as between "you" (the visitor to this Site) and the Heart Gallery of New Jersey, Inc. (the "Heart Gallery").

The Site is owned, provided and operated by the Heart Gallery. The Heart Gallery is a New Jersey not-for-profit corporation formed to promote the adoption of foster children as further described on the Site. The Heart Gallery allows you to access and use the Site subject to the following terms and conditions ("Terms"), which may be changed by us from time to time. As used in these Terms and on the Site, “we,” “our,” and “us” means the Heart Gallery unless otherwise indicated.

We at the Heart Gallery are devoted to our mission to promote the adoption of foster children and raise awareness about foster children available for adoption. This Site provides you with access to an online collection of information, materials and services related to the Heart Gallery and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through this Site ("Software"), all of which are subject to these Terms. Unless stated otherwise, any new Content and Software added to this Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by these Terms effective upon the date of each such addition.

This Site is intended for use only by U.S. residents age 18 and over, and those under 18 with parental consent and supervision.

LEGAL NOTICES
The Heart Gallery of New Jersey is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code and a not-for-profit corporation registered as a charitable organization under the laws of the State of New Jersey. Charitable donations made to the Heart Gallery are deductible to the full extent of the law for federal and estate tax purposes. 100% of all contributions made to the Heart Gallery will be used to fund its charitable activities.

The Heart Gallery is currently soliciting donations from residents of any state in which such solicitation is legal. Certain states require us to register as a charitable organization under their respective laws before soliciting charitable contributions from their residents. We are currently so registered in New Jersey, New York, and Pennsylvania, and can lawfully solicit contributions from residents of those states and the states of Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Montana, Nebraska, Nevada, South Dakota, Texas, Vermont and Wyoming. Residents of other states should not construe or deem any content on our website nor any other communication made by or on behalf of the Heart Gallery to be a solicitation of their donation or contribution to the Heart Gallery.

Copies of our registration statements and Annual Reports can be obtained by writing us at The Heart Gallery of New Jersey, P.O. Box 4139 Clifton, NJ 07012. Registration with the Secretary of State or Attorney General of any state does not imply endorsement.

Residents of the following states should also note that:
New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
New York: A copy of our latest annual report may be obtained, upon request, by writing us at The Heart Gallery of New Jersey, P.O. Box 4139 Clifton, NJ 07012, or from the New York State Attorney General’s Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271.

Pennsylvania: The official registration and financial information of the Heart Gallery may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 732-0999. Registration does not imply endorsement.

OUR PROPRIETARY MATERIALS
We welcome you to our Site and we invite you to use it within the following rules:
You may use the Site and the Contents and Software solely as and for the purposes stated on the Site. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying this Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of the Heart Gallery. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from this Site, in any manner, without your receipt of the prior written authorization of the Heart Gallery. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying this Site to a human perceivable form.

The information on this Site, the design and layout of the Site, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as noted stated on the Site or in these Terms. All Content, Software and materials on and underlying this Site are copyright © 2005 the Heart Gallery of New Jersey, Inc. or are licensed or otherwise used by the Heart Gallery with permission. Except where noted otherwise in these Terms of Use, all rights to these materials are reserved by the Heart Gallery or their respective owners. The "Heart Gallery" and the distinctive heart logo are trademarks and service marks of the Heart Gallery of New Jersey, Inc, which reserves all rights to its marks and logos.
Individuals appearing on this Site do so with permission. All photographs and descriptions of foster children that appear on the Site have been created with the permission of the New Jersey Division of Youth and Family Services (DYFS), the state agency responsible for the care of the foster children. The photographers involved followed guidelines set by DYFS. Names and photographs of individuals may not be copied, downloaded or otherwise used except as stated in these Terms and for the purposes and as stated on the Site.
All Site Content and functionality, and all Software underlying this Site, may be changed or updated by us from time to time, without notice. Although the Heart Gallery cannot monitor the conduct of users of the Site, it is a violation of these Terms to use the Site or any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site.
The use of the Site (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by these Terms. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

PERSONAL INFORMATION
We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy for details [hyperlink]. We are pleased to provide email updates on request to users of the Site. If you no longer wish to receive email updates, please follow the instructions in our Privacy Policy.

DISCLAIMERS
We at the Heart Gallery are devoted to our mission to promote the adoption of foster children and raise awareness about foster children available for adoption. We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. The Heart Gallery retains the right to restrict use of this Site in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THIS SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. THE HEART GALLERY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE HEART GALLERY MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE HEART GALLERY, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES (COLLECTIVELY “THE HEART GALLERY&AGENTS”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGE TO OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, OR INABILITY TO USE THE SITE, CONTENTS OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE HEART GALLERY&AGENTS AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS SITE.

YOU UNDERSTAND AND AGREE THAT THE HEART GALLERY&AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT THE HEART GALLERY&AGENTS WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY THE HEART GALLERY OR AN AUTHORIZED THE HEART GALLERY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
The Heart Gallery neither warrants nor represents that your use of Content, Software or any other materials displayed on this Site will not infringe rights of third parties.

THIRD PARTY WEBSITES
This Site may provide links to other websites which are not maintained by the Heart Gallery as a convenience to you. The Heart Gallery is not responsible for the content, products, services or policies or activities of those websites. The inclusion of any link to such website does not imply endorsement by the Heart Gallery of the website.

THIRD PARTY WEBSITES SEEKING TO HYPERLINK TO THE SITE
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of this Site and the Heart Gallery. If this is not the case, please do not link to our Site. The Heart Gallery reserves the right to rescind the right to link to this Site at its sole discretion.
Use of the Heart Gallery mark and logos provided by the Heart Gallery for a hyperlink to the Site is permitted and licensed by the Heart Gallery solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such code, materials or marks nor any photographs appearing on this Site. Upon request by the Heart Gallery, you shall immediately remove any hyperlink to the Site, and discontinue use of any code, materials or marks provided by the Heart Gallery.

CONTACT THE HEART GALLERY
If you have any questions about the Site or about the work of the Heart Gallery, you may contact us via e-mail at info@heartgallerynj.com or by mail at:

The Heart Gallery of New Jersey, Inc.
P.O. Box 4193
Clifton, NJ 07012

We are always glad to hear your questions and comments.

GENERAL

A. Termination

The Heart Gallery or you may terminate this agreement at any time at will. You may terminate this agreement by destroying all materials obtained from this Site and stopping all use of the Site. The Heart Gallery may terminate this agreement immediately at will for any reason, in its sole judgment. Upon termination, you must destroy all materials obtained from this Site and stop all use of the Site.

B. Governing Law; Jurisdiction; Venue; Severability of Provisions

These Terms are governed by the laws of the State of New Jersey, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Site or this Agreement will be brought exclusively in the federal or State courts located in New Jersey. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

C. Entire Agreement

These Terms and other policies and notices the Heart Gallery may post on the Site and constitute the entire agreement between the Heart Gallery and you in connection with your use of this Site, hyperlinks to and from the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between the Heart Gallery and you regarding such matters, including prior versions of the Terms. The Heart Gallery may update these Terms from time to time by posting revised Terms on this Site, without notice to you, and your subsequent use of the Site is governed by those new Terms. The Terms are effective until terminated by the Heart Gallery, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in the Terms will survive.