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(here’s the fine print) We were told by lawyers that we needed to have this on the site :( These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy. 1. Using This Website a. Who may use this Website You may use our Products only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. 2. Your Content a. Posting content We allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post. b. How other users can use your content You grant other users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on this site solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. c. How long we keep your content Following termination or deactivation of your account, or if you remove any User Content from this site, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, our users may retain and continue to use, store, display, reproduce, re-share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through this site. d. Feedback you provide We value hearing from our users, and are always interested in learning about ways we can make this website more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. 3. Sharing Your Content and Information You own all of the content and information you post on GivingConnected, and you can control how it is shared through your privacy and application settings. In addition: a. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with GivingConnected (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. b. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). c. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. d. When you publish content or information using the Public and/or Everyone setting, it means that you are allowing everyone, including people off of GivingConnected, to access and use that information, and to associate it with you (i.e., your name and profile picture). e. We always appreciate your feedback or other suggestions about GivingConnected, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). 4. Security We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. 5. Safety We do our best to keep GivingConnected safe, but we can't guarantee it. We need your help to keep GivingConnected safe, which includes the following commitments by you: a. You will not collect Users' content or information, or otherwise access GivingConnected, using automated means (such as robots, scrapers, spiders, etc.). b. You will not post unauthorized commercial communications (such as spam) on GivingConnected c. You will not upload malicious code, viruses, malware, etc. d. You will not bully, harass, or intimidate any other User e. You will not use GivingConnected to do anything unlawful, malicious, misleading, or discriminatory. f. You will not engage in unlawful marketing such as multi-level marketing or pyramid schemes g. You will not post content that is: hate speech, threatening, nudity or pornographic (at any level of any kind), or language that is generally considered vulgar/offensive. This is a 'family-oriented' site (think MPAA ‘G’ Rating), so please act responsibly. 'Mature' content in any form is not allowed. h. You will not post content that incites violence, or contains nudity (even 'partial'), or graphic/gratuitous violence or of a sexual nature. i. You will not solicit login information or access an account (or related content) belonging to someone else j. You will not do anything that interferes with the operation of this Site, including (but not limited to) denial of service attacks, interference with page rendering, overburdening system resources, interference with operation/functionality, etc. k. You will not encourage or facilitate any violations of this Statement of our policies 6. Termination We may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by other Sections of this Policy. 7. Protecting Other People's Rights We respect other people's rights, and expect you to do the same. a. You will not post content or take any action on GivingConnected that infringes or violates someone else's rights or otherwise violates the law. b. We can remove any content or information you post on GivingConnected if we believe that it violates this Statement or our policies. c. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. d. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. e. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission. f. If you collect information from users, you will: obtain their consent, make it clear you (and not GivingConnected) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. g. You will not post anyone's identification documents or sensitive financial information on GivingConnected. h. You will not tag users or send email invitations to non-users without their consent. GivingConnected offers social reporting tools to enable users to provide feedback about tagging. 8. Registration and Account Security Here are some commitments you make to us relating to registering and maintaining the security of your account: a. You will not transfer your account (including any Hub, Group/Community, Cause, Site, Page, Store, Event or application you administer) to anyone without first getting our written permission. b. You will not use GivingConnected if you are under 13. c. If we disable your account, you will not create another one without our permission. d. You will not provide any false personal information on GivingConnected, or create an account for anyone other than yourself without permission. e. You will keep your contact information accurate and up-to-date. f. You will not use GivingConnected if you are a convicted sex offender. g. If you select a username or similar identifier for your account, Group/Community, Cause, Page, Site, or Store, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). h. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. Disclaimers The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. THIS WEBSITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. This Website takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. 10. Special Provisions Applicable to Advertisers (private individuals or Commercial Entities) If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content, you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on GivingConnected or our publisher network will comply with our Advertising Policies. 11. Payments If you make a payment on GivingConnected, you agree to our Payments Terms unless it is stated that other terms apply. 12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). 13. Arbitration For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in the country where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that we will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 14. Governing Law and Jurisdiction These Terms shall be governed by the laws of the State of New Hampshire, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Hillsborough County, New Hampshire or the United States District Court - District of New Hampshire, for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. 15. General Terms Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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