Terms of Service
Last Updated: August 30, 2012
Thank you for using GivePulse!
These terms of service (the “Terms”) govern your access to and use of GivePulse (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with GivePulse and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
In order to access certain features of the Site and Application, to register for events or create a new event, you must register to create an account (GivePulse Account) and become a member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“sns”) (including, but not limited to, facebook); each such account, a “third party account”, via our site or application, as described below. As part of the functionality of the site, application and services, you may link your GivePulse account with third party accounts, by either: (i) providing your third party account login information to GivePulse through the site, services or application; or (ii) allowing GivePulse to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account. You represent that you are entitled to disclose your third party account login information to GivePulse and/or grant GivePulse access to your third party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating GivePulse to pay any fees or making GivePulse subject to any usage limitations imposed by such third party service providers. By granting GivePulse access to any third party accounts, you understand that GivePulse will access, make available and store (if applicable) any content that you have provided to and stored in your third party account (“sns content”) so that it is available on and through the site, services and application via your GivePulse account and GivePulse account profile page. Unless otherwise specified in these terms, all sns content, if any, will be considered to be member content for all purposes of these terms. Depending on the third party accounts you choose and subject to the privacy settings that you have set in such third party accounts, personally identifiable information that you post to your third party accounts will be available on and through your GivePulse account on the site, services and application. Please note that if a third party account or associated service becomes unavailable or GivePulse’s access to such third party account is terminated by the third party service provider, then sns content will no longer be available on and through the site, services and application. You have the ability to disable the connection between your GivePulse account and your third party accounts, at any time, by accessing the “settings” section of the site and application. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. GivePulse makes no effort to review any sns content for any purpose, including but not limited to, for accuracy, legality or non-infringement and GivePulse is not responsible for any sns content.
Eligibility - By registering as a GivePulse member, you represent that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your member profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements.
Fees - There are no fees to the Premium account at the time of this writing. Should you elect to upgrade your Premium account please contact us at firstname.lastname@example.org . You acknowledge that we reserve the right to charge for specific Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your GivePulse profile. Upon using the Services to post volunteer events, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.
Term - This Agreement shall remain in full force and effect while you use the Site, Services, or are a GivePulse member. You may terminate your GivePulse membership at any time, for any reason, by sending an email to email@example.com. We may terminate your membership for any reason, effective upon sending notice to you at the primary e-mail address you have stored in your GivePulse profile. GivePulse will provide you the Services chosen by you substantially as described on the Site. The Site and Services are made available for your personal, internal, non-commercial use. You may not frame the Site or Services, or make available, or facilitate distribution of Content through any means or medium. You may link to the Site from other websites if you obtain GivePulse's prior consent.
You must not use the Site or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content, Site, or Services, use of the Content, Site, or Services, or access to the Content, Site, or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that you provide to us will be true, accurate and current.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
Modification of Terms
Some of the Services offered via the Site involve the distribution or syndication of GivePulse Content via downloadable widgets (including without limitation the "Opportunities Widget"), that allow the distribution or syndication of content authorized by GivePulse ("Syndication Services"). Some of the Syndication Services may be subject to separate or additional terms and conditions ("Additional Terms"). In the event that no Additional Terms apply to particular Syndication Services which you receive, the terms apply to your use of the Syndication Services. GivePulse grants you a non-exclusive, non-transferable, revocable, limited, non-sublicenseable license to (i) access and use the Syndication Services, (ii) download and install any software provided by GivePulse to you that is required to use the Syndication Services as contemplated by GivePulse ("Code"), and (iii) view the Content that GivePulse delivers to you via the Syndication Services, in each of the foregoing cases, solely for your personal, internal, non-commercial use of viewing or making available for viewing Content on a website owned or controlled by you. All rights not expressly granted by GivePulse to you are reserved. You acknowledge that the Code and its structure, organization and source code may constitute valuable trade secrets of GivePulse and its suppliers. Except as expressly allowed under these terms, you must not (a) modify, adapt, alter, translate, or create derivative works from the Code or the Content; or (b) sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer the Code or Content to any third party.
Modifications of Services
We reserve the right to modify or discontinue the Site or Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse shall be to cease using the Site or Services. Continued use of the Site or Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
Third Party Content and Monitoring
We are a distributor and publisher of content supplied by users of the Services and by other third parties ("Content"). Accordingly, we have no editorial control over such Content. Any services, offers, or other information expressed or made available by third parties as part of the Content, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any Content, or opinion, advice, information, or statement made on the Services by anyone. We have the right, but not the obligation, to monitor and review the Content on the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Content for accuracy or reliability.
Your Content; License; Representation and Warranty
You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the Site or Services, including any data entry forms found through the Site (Your Content), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us. You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines. You acknowledge and agree that Third Parties (as defined below) are third-party beneficiaries of these representations and warranties, and that they shall apply to them with the same force and effect as they apply to us. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known. You acknowledge that some of Your Content will be publicly available for other users of the Site or Services to view, such as feedback and comments. You are solely responsible for the content of Your Content.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or 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 Site or 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.
You acknowledge that GivePulse owns all right, title and interest in and to the Services, including without limitation, the Site, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Responsibility for Dealings with Third Parties
If you are using the Services to find volunteer events, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services ("Volunteer Organization"), including posting or acceptance of volunteer events, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization you choose to deal with. You agree that GivePulse will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such dealings, or as the result of the presence of such parties on the services and you hereby irrevocably waive any claims against GivePulse arising from or related to your relationship with a volunteer organization.
If you are using the Services to find volunteers to fill volunteer events, your correspondence or ensuing relationship with the volunteers found on or through the Services, including posting volunteer events, and any other terms or conditions associates with such dealings, are solely between you and the Volunteer. You agree that givepulse will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such dealings, or as the result of the presence of such parties on the services and you hereby irrevocably waive any claims against givepulse arising from or related to your relationship with a volunteer.
Release - You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other GivePulse users, or (ii) your participation in any offline events or activities arising from or related to your use of the Services.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside web sites or their content. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.
You agree that we, in our sole discretion, may terminate your GivePulse membership or other use of the site or services without prior notice, and remove and discard your content from the site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the terms. Further, you agree that we shall not be liable to you or any other party for any termination of your access to the services. You may discontinue your participation in and access to the services at any time.
Disclaimer of Warranties
You expressly agree that use of the services is at your sole risk. The services and site are provided on an "as is" and "as available" basis. GivePulse expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the services. GivePulse makes no warranty that the services or site will meet your requirements, or that the services or site will be uninterrupted, timely, secure, or error free; nor does GivePulse make any warranty as to the results that may be obtained from the use of the services or site or as to the accuracy or reliability of any information obtained through the services or site, or that defects in the services or site will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services or site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. GivePulse makes no warranty regarding any dealings with or transactions entered into with any other parties through the services or site. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the site or the services is with you. No advice or information, whether oral or written, obtained by you from GivePulse or through the services shall create any warranty not expressly made herein.
Limitation of Liability; Release
Limitation on liability. You understand that to the extent permitted under applicable law, in no event will GivePulse or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of this site, your sole and exclusive remedy is to discontinue use of the site. The aggregate liability of GivePulse to you for all claims arising from or related to the site or the services is limited to one-hundred dollars ($100).
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless GivePulse, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom GivePulse may provide Your Content (Third Parties)), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that GivePulse or Third Parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as you) violation of these Terms or applicable law, (3) your (or anyone using your account's) violation of any rights of any other person or entity, or (4) any information or content we collect from third parties through the Site or Service at your request, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services.
Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Copyrights; Restrictions in Use
The content made available to you through the Services, other than Content and Your Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is (1) copyrighted by GivePulse and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by GivePulse or its licensors. Our Content, and Content, may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Content.
The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.
GivePulse provides support to users through on-line documentation and support. GivePulse strives to respond to all inquires in a timely manner. User's should allow up to (2) two business days for a reply.
Please report any violations of the Terms to firstname.lastname@example.org