Version as of October 2, 2018.
Welcome to the official website for Gymnastics Cheerleading and Dance Foundation, located at www.gcdfoundation.org (Site) which is owned by public benefit corporation "Gymnastics Cheerleading and Dance Foundation". (Hereinafter "GCDF"). This Site is operated by GCDF and materials on the Site are owned, for the most part, by GCDF. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, some other form of agreement between the third party, or under the Fair Use provisions of U.S. Copyright law.
GCDF reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Age Restriction - For U.S. Visitors
U.S. Federal law doesn't allow us to collect information from children under the age of 13. If you are a child under the age of 13, you may not become a donor or purchase a sponsorship. You may only become a Sponsor if your legal guardian or school becomes a donor by purchasing a sponsorship on your behalf.
By purchasing a sponsorship (Donor) on behalf of another person and designating that other person as the Sponsor on our website, you agree that the name provided is not that of a child under the age of 13 unless you are the child's legal guardian or have permission from the child's guardian to disclose the child's name. Additionally, if you as a guardian purchase a sponsorship on behalf of your child under the age of 13, you agree and consent to any additional personal information the child may share with his/her sponsored child in any correspondence through our website.
Age Restriction - For Visitors Outside the USA
E.U. regulations (and regulations of most countries) don't allow us to collect information from children under the age of 16. If you are a child under the age of 16, you may not become a donor or purchase a sponsorship. You may only become a Sponsor if your legal guardian or school becomes a donor by purchasing a sponsorship on your behalf.
By purchasing a sponsorship (Donor) on behalf of another person and designating that other person as the Sponsor on our website, you agree that the name provided is not that of a child under the age of 16 unless you are the child's legal guardian or have permission from the child's guardian to disclose the child's name. Additionally, if you as a guardian purchase a sponsorship on behalf of your child under the age of 16, you agree and consent to any additional personal information the child may share with his/her sponsored child in any correspondence through our website.
No Liability for Refusal to Certify
You agree that in the event a sports or dance school, GCDF, or any other organization authorized by GCDF to certify sponsors (hereinafter "authorized entity") refuses to certify you, you waive any and all claims against the authorized entity and GCDF for such refusal. Entities are permitted to refuse certification for any lawful reason, including, but not limited to, concluding in their sole opinion that the applicant is not eligible by our standard for certification, or concluding in their sole opinion that the applicant may not have the best interests of the sponsored child in mind.
You may not use our website, purchase any services such as sponsorships, or engage in contact with any children (including children available for sponsorship or sponsored children) on our website if you either are a convicted sex offender, are a permanently ineligible member or a suspended member of USA Gymnastics or Gymnastics Canada (including regional federations), or have a criminal history of child abuse.
If you are a convicted sex offender and access our website, purchase a sponsorship, or contact any children on our website, you agree to pay liquidated damages of $1500 for our labor and time terminating your access to our website, terminating your sponsorship, and preventing future access to our website and services.
Membership to GCDF
Membership is conferred in two ways:
- If you are a Sponsor or a Donor to GCDF, by signing up to utilize a service available only to members of GCDF. The services may be provided by GCDF directly or any third-parties.
- If you are not a Sponsor or Donor, by paying a membership fee.
We recognize that membership does not constitute an endorsement or recommendation of our service. Membership merely qualifies you to utilize special services directly from GCDF or third-parties.
You have the right to terminate your membership. A decision by you, provided you do not utilize any services only available to members provided by GCDF or any third-parties, effectuates your termination of membership of our organization. You may also send a notification to firstname.lastname@example.org to formally terminate membership.
You agree that any violation of the terms of this agreement by a child whom you have legal custody of, or by a person whom you have purchased a sponsorship on behalf of, constitutes a breach of this contract by you. At any point in this agreement when we state "you", you understand and agree that we are referring to, in addition to yourself (the person/legal entity legally agreeing to this contract), your children and any person/organization you are purchasing a sponsorship on behalf of.
Because this website is built to foster the development of the youth under our sponsorship program, the children in our program, along with their respective sports federations, their respective sports schools, and their respective legal guardians (when acting on behalf of their child) may also enforce this agreement along with GCDF. Any authorized entity to certify sponsors may also enforce this agreement to dismiss a claim by you based on a refusal to certify you.
Access and Use
All materials contained on this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of GCDF or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting GCDF in writing at:
Gymnastics Cheerleading and Dance Foundation
101 Main Street # 593
Topsham, ME 04086
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, images, photos, video media, fonts, icons, link buttons, wallpaper, desktop themes, and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Messages to Sponsored Children
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively Messages) to the donor/sponsor correspondence portal, email addresses belonging to GCDF, or other public and private areas within, or in connection with, this Site (collectively Forums). However, GCDF accepts no responsibility whatsoever in connection with or arising from such Messages.
GCDF does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by GCDF prior to posting and do not necessarily reflect the opinions or policies of GCDF. GCDF makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, GCDF reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
GCDF assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time GCDF chooses, in its sole discretion, to monitor the Forums, GCDF nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that GCDF accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
are unlawful, threatening, obscene, vulgar, pornographic, sexual, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to GCDF that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
improperly assume or claim the identity, characteristics or qualifications of another person;
are for purposes of spamming;
contain any virus or other harmful components;
are libelous, or an invasion of privacy or publicity rights or any other third party rights;
or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any publicly visible Message whatsoever submitted by you becomes the property of GCDF and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GCDF sees fit.
You agree to release GCDF, and its affiliates from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedies are to cease using them.
You may not contact your sponsored child (including your former sponsored child) directly through social media, email, regular mail, or any other means unless you have been approved by GCDF to do so. By "directly", we do not mean the correspondence portal on our website or official correspondence email address (and postal address) for letters.
You may never arrange to visit or actually visit your sponsored child in person unless approved by GCDF, the national sports federation in your country for the sport you or your child is a member of, or the national sports federation your sponsored child is a member of. You may never invite your sponsored child to any place, even for a visit. You may never make an unannounced visit.
You may never send any messages, gifts, or items to any children in our program that are sexual in nature or otherwise would cause any reasonable person emotional harm or distress.
When communicating with participating children in our program, none of your messages may be threatening, obscene, vulgar, pornographic, sexual, profane, or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law.
Sponsors and Sponsored children are both prohibited from exchanging home addresses.
For each message by you submitted which violate this agreement, you agree to pay liquidated damages in the amount of $10 per message.
For each unauthorized contact by you with your sponsored child not using the correspondence system/mailing address of GCDF, you agree to pay liquidated damages of $10 for each message.
For any messages, gifts or items submitted by you that is sexual in nature to your sponsored child, any children participating in our program or their families, you agree to pay liquidated damages in the amount of $2,500 for all such sexual materials and messages collectively, or actual damages if such amount can be accurately determined.
For any unauthorized physical visit by you to any children in our program, you agree to pay all costs for damages associated with the visit. GCDF may pay for all costs to return you to your home country in order to preserve our program with participating federations and mitigate any damages caused by your unauthorized visit. You agree to fully reimburse GCDF for all such costs within 30 days, plus liquidated damages in the amount of $2,500 to cover our labor and time.
In the event any liquidated damages clause is found to be penal in nature because it gives the aggrieved party the option to invoke it, the parties agree that the liquidated damages provision shall apply and the option shall be null and void.
You may be held separately liable under the same liquidated damages clause for each injured party enforcing this agreement.
In the event that the violation was caused by a gymnastics or cheerleading club that is affiliated with a national federation (FIG for Gymnastics) or by an athlete of the club, provided that that athlete was communicating with a child sponsored by his/her gym/club, the damages section shall not apply. Such violations may be resolved between involved federations diplomatically, the disciplinary procedure of a national federation, or through procedures provided by their international federation. GCDF reserves the right nonetheless of terminating the sponsorship.
In the event that the violation was caused by a student of a primary or secondary educational institution, provided that that student was communicating with a child sponsored by his or her school, the damages section shall not apply to the educational institution. GCDF reserves the right nonetheless of terminating the sponsorship.
Disclaimer of Liability and Warranties
While GCDF does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that GCDF DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that GCDF, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that GCDF is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that GCDF is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless GCDF, its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
GCDF reserves the right to immediately terminate your sponsorship of a child and/or use of, or access to, this Site at any time if GCDF decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that GCDF considers to be inappropriate or unacceptable.
All of your correspondence (unless direct contact is authorized) with a sponsored child is reviewed for inappropriate or suggestive comments, request, or obscenities. In the event of inappropriate correspondence being discovered, GCDF, along with the sponsored child, the child's respective school, and Federation, reserves the right to decline sponsorship or sever the sponsorship relationship.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law or any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.
If you believe that any material contained in this Site infringes your copyright, you should notify GCDF of your copyright infringement claim in accordance with the following procedure. GCDF will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
Please note that according to U.S. Federal law, all donations received by GCDF become the property of GCDF. The IRS has determined that for a donation to be tax-deductible, it must be given to a non-profit organization and that organization must control the funds after they are donated. GCDF is dedicated to ensuring that the funds given will be used exclusively by the child's school (or in the case of a commercial sports or dance club, a nonprofit "boosters club" supporting the club) the sponsored child is enrolled in, however, as required by law, GCDF reserves the right to apply all donated funds wherever it is determined necessary at the discretion of the Board of Directors.
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), any claim relating to and out of your use of this website or our services, any claim relating to and out of your sponsorship of children on this website, or any claim relating to and out of your donor arrangement to GCDF, shall be governed by, and enforced in accordance with, the internal laws of the State of Maine, including its statutes of limitations.
Jurisdiction and Court Costs
You agree to consent to the exclusive jurisdiction of the state courts of the State of Maine and the United States District Court for the District of Maine in all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), any claim relating to and out of your use of this website or our services, any claim relating to and out of your sponsorship of children on this website, or any claim relating to and out of your donor arrangement to GCDF. The District and Superior Court in Sagadahoc County shall have jurisdiction for all such matters, except when the case is filed in small claims court. In the event of a proceeding in small claims court, the transaction of acceptance of this contract between you and GCDF occurred in Penobscot County and therefore jurisdiction is proper in the Small Claims Court of Penobscot County. Third-party beneficiaries may bring a claim in any court which you are subject to personal jurisdiction.
In the event that any suit or action is instituted, GCDF, or any designated third-party beneficiary, shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys’ fees. This contract shall inure to the benefit of and be binding upon the parties hereto.