March 13, 2008
DonorPro FriendRaising is a social collaboration service provided by TowerCare Technologies and Karma411 ("Providers") that allows nonprofits and their supporters to create an online profile, to run fundraising campaigns, and to make comments about their friends and colleagues, The services offered by Providers include DonorPro FriendRaising websites and any other features, content, or applications offered from time to time by Providers in connection with the DonorPro FriendRaising websites (collectively, the "Services"). The Services are hosted in the U.S.
Providers may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on DonorPro FriendRaising website(s). You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on a DonorPro FriendRaising website and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Providers assume no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Providers by email to email@example.com.
Providers reserve the right, in Providers sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
- Registration. If you do not register, you may not be able to use all of the features of the DonorPro FriendRaising website(s). If you register, you agree to provide true, accurate and complete information except that you may not want to use your full, actual name for your username. You also agree to update registration information you provide to maintain its truth, accuracy and completeness.
- Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, and Providers may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
- Password. When you sign up to become a Member, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Providers immediately by email at firstname.lastname@example.org if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Providers. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the DonorPro FriendRaising website(s) is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
- Proprietary Rights in Content on DonorPro FriendRaising Websites:
- Providers do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Services. After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to Providers a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services.
- The license you grant to Providers is non-exclusive (meaning you are free to license your Content to anyone else in addition to Providers), fully-paid and royalty-free (meaning that Providers are not required to pay you for the use on the Services of the Content that you post), sub-licensable (so that Providers are able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). This license will terminate at the time you remove your Content from the Services. The license does not grant Providers the right to sell your Content, nor does the license grant Providers the right to distribute your Content outside of the Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
- The Services contain Content of Providers ("Providers Content"). Providers Content is protected by copyright, trademark, patent, trade secret and other laws, and Providers own and retain all rights in the Providers Content and the Services. Providers hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display the Providers Content (excluding any software code) solely for your personal use in connection with viewing the DonorPro FriendRaising website(s) and using the Services.
- The Services contain Content of Users and other Providers licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
- International Use. The DonorPro FriendRaising website(s) is controlled and operated from within the United States. Providers makes no representations that the DonorPro FriendRaising websites are appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.
- Content Posted:
- Providers may delete any Content that in the sole judgment of Providers violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Providers assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Providers choose, in their sole discretion, to monitor the Services, Providers nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Providers do not endorse and have no control over the Content. Content is not necessarily reviewed by Providers prior to posting and does not necessarily reflect the opinions or policies of Providers. Providers make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Nonprofits, Members, Nonprofit affiliates, and corporate sponsors, may provide links to third party websites (including advertisers and others) on the DonorPro FriendRaising websites. Third parties are not under the control of Providers and Providers are not responsible for their content or conduct. If you access a third party website from the DonorPro FriendRaising website(s), you do so at your own risk. Providers provide links as a convenience and the inclusion of the link does not indicate or imply that Providers endorse, represent, warrant, or accept any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the DonorPro FriendRaising website(s), including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that Providers shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Providers reserve the right to investigate and take appropriate legal action against anyone who, in Providers' sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Provider
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person's consent.
- The following is a partial list of the kind of activity that is illegal or prohibited on the DonorPro FriendRaising websites and through your use of the -Services. Providers reserve the right to investigate and take appropriate legal action against anyone who, in Providers' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Providers reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Providers deem appropriate in their sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Providers, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Providers $50 for each such unsolicited email or other unsolicited communication you send through the Services;
- covering or obscuring the banner advertisements on your personal profile page, or any Providers page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile, or posting blogs or bulletins with a commercial purpose; or
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Providers to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Providers by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Providers' Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com.
- Member Disputes. You are solely responsible for your interactions with other Members. Providers reserve the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. Providers are not responsible for any incorrect or inaccurate Content posted on the DonorPro FriendRaising websites or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on the DonorPro FriendRaising websites may contain links to other websites. Providers are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Providers. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Providers. When you access these third-party sites, you do so at your own risk. Providers take no responsibility for third party advertisements which are posted on DonorPro FriendRaising websites or through the Services, nor does they take any responsibility for the goods or services provided by its advertisers. Providers are not responsible for the conduct, whether online or offline, of any User of the Services. Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Providers are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Providers be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Providers event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Providers expressly disclaim any warranty of fitness for a particular purpose or non-infringement. Providers cannot guarantee and do not promise any specific results from use of the Services.
- Limitation on Liability. IN NO EVENT SHALL PROVIDEARS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROVIDERS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROVIDERS FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York. Either Providers or you may demand that any dispute between Providers and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, USA, provided that the foregoing shall not prevent Providers from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Providers, their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the DonorPro FriendRaising websites or through the Services causes Providers to be liable to another.
- Other. This Agreement is accepted upon your use of the DonorPro FriendRaising website(s) or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Providers regarding the use of the Services. The failure of Providers to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.