Terms
of Service for the Fundraisers Fund website [http://fundraisersfund.org]
Terms based on the Own Terms template at http://www.ownterms.org/documents/terms-of-service/
[last accessed 03/09/08].
These terms were originally based upon the
WordPress Terms of Service, and are licensed under Creative Commons Share-Alike 1.0
[http://creativecommons.org/licenses/sa/1.0/]. This means that you are free to
use and edit them for your own purposes, even commercially, provided you
release your new versions under the same license.
The following terms and conditions govern
all use of the Fundraisers Fund website and all content, services and products
available at or through the website (taken together, the "Website"). The
Website is owned and operated by Resource Alliance. The Website is offered
subject to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies and
procedures that may be published from time to time on this Site by Resource
Alliance (collectively, the "Agreement").
Please read this Agreement carefully before
accessing or using the Website. By accessing or using any part of the Website,
you agree to become bound by the terms and conditions of this Agreement. If you
do not agree to all the terms and conditions of this Agreement, then you may
not access the website or use any services. If these terms and conditions are
considered an offer by Resource Alliance, acceptance is expressly limited to
these terms.
1. Your Account.
You are responsible for maintaining the security of your account, and you are
fully responsible for all activities that occur under the account and any other
actions taken in connection with it. You must not use your account in a
misleading or unlawful manner, including in a manner intended to trade on the
name or reputation of others, and Resource Alliance may change or remove any
description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause Resource Alliance liability. You must immediately
notify Resource Alliance of any unauthorized uses of your account or any other breaches
of security. Resource Alliance
will not be liable for any acts or omissions by You, including any damages of
any kind incurred as a result of such acts or omissions.
2. Responsibility
of Contributors. If you operate a blog, comment on a blog, post material to the
Website, post links on the Website, or otherwise make (or allow any third party
to make) material available by means of the Website (any such material,
"Content"), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that:
- the downloading,
copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer
has rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including
but not limited to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content;
- you have fully
complied with any third-party licenses relating to the Content, and have done
all things necessary to successfully pass through to end users any required
terms;
- the Content does
not contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
- the Content is
not spam, and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine
rankings of third party sites, or to further unlawful acts (such as phishing)
or mislead recipients as to the source of the material (such as spoofing);
- the Content is
not obscene, libelous or defamatory (more info on
what that means), hateful or racially or ethnically objectionable,
and does not violate the privacy or publicity rights of any third party; and
- you have, in the
case of Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether
requested to do so by Resource Alliance or otherwise.
By submitting Content to Resource Alliance
for inclusion on your Website, you grant Resource Alliance a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing and promoting
your blog. If you delete Content, Resource Alliance will use reasonable efforts
to remove it from the Website, but you acknowledge that caching or references
to the Content may not be made immediately unavailable.
Without limiting any of those
representations or warranties, Resource Alliance has the right (though not the
obligation) to, in Resource Alliance's sole discretion (i) refuse or remove any
content that, in Resource Alliance's reasonable opinion, violates any Resource
Alliance policy or is in any way harmful or objectionable, or (ii) terminate or
deny access to and use of the Website to any individual or entity for any
reason, in Resource Alliance's sole discretion. Resource Alliance will have no
obligation to provide a refund of any amounts previously paid.
3. Fees and
Payment. Optional premium paid services are available on the Website. By
selecting a premium service you agree to pay Resource Alliance the monthly or
annual subscription fees indicated for that service. Payments will be charged
on the day you sign up for a premium service and will cover the use of that
service for a monthly or annual period as indicated. Premium service fees are
not refundable.
4. Responsibility
of Website Visitors. Resource Alliance has not reviewed, and cannot review, all
of the material, including computer software, posted to the Website, and cannot
therefore be responsible for that material's content, use or effects. By
operating the Website, Resource Alliance does not represent or imply that it endorses
the material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as necessary
to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. The Website may contain
content that is offensive, indecent, or otherwise objectionable, as well as
content containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy or
publicity rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is
subject to additional terms and conditions, stated or unstated. Resource Alliance
disclaims any responsibility for any harm resulting from the use by visitors of
the Website, or from any downloading by those visitors of content there posted.
5. Content Posted
on Other Websites. We have not reviewed, and cannot review, all of the material,
including computer software, made available through the websites and webpages
to which Fundraisers Fund links, and that link to Fundraisers Fund. Resource
Alliance does not have any control over those non-Fundraisers Fund websites and
webpages, and is not responsible for their contents or their use. By linking to
a non-Fundraisers Fund website or webpage, Resource Alliance does not represent
or imply that it endorses such website or webpage. You are responsible for
taking precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive content.
Resource Alliance disclaims any responsibility for any harm resulting from your
use of non-Resource Alliance websites and webpages.
6. Intellectual
Property. This Agreement does not transfer from Resource Alliance to you any
Resource Alliance or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties)
solely with Resource Alliance. Resource Alliance, http://fundraisersfund.org,
and all other trademarks, service marks, graphics and logos used in connection
with Fundraisers Fund, or the Website are trademarks or registered trademarks
of Resource Alliance or Resource Alliance's licensors. Other trademarks,
service marks, graphics and logos used in connection with the Website may be
the trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any Resource Alliance or
third-party trademarks.
7. Changes.
Resource Alliance reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Resource Alliance may also, in the future, offer
new services and/or features through the Website (including, the release of new
tools and resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
8. Termination.
Resource Alliance may terminate your access to all or any part of the Website
at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your account (if you
have one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a Services account, such account can only be terminated
by Resource Alliance if you materially breach this Agreement and fail to cure
such breach within thirty (30) days from Resource Alliance's notice to you
thereof; provided that, Resource Alliance can terminate the Website immediately
as part of a general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
9. Disclaimer of
Warranties. The Website is provided "as is". Resource Alliance and its
suppliers and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither Resource
Alliance nor its suppliers and licensors, makes any warranty that the Website
will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will either party seek
to limit its liability for (i) death or personal injury; or (ii) fraud or
fraudulent misrepresentation. Subject to the foregoing, neither party, nor or
its employees, agents suppliers or licensors, shall be liable to the other
party with respect to any subject matter arising under or in connection with this
Agreement in contract (including under indemnity), tort (including negligence),
misrepresentation (excluding fraudulent misrepresentation), strict liability or otherwise for: (i) any
special, incidental or consequential damages; (ii) any loss or profit,
anticipated savings, contract or goodwill, (iii) the cost of procurement or substitute
products or services; (iv) for interruption of use or loss or corruption of
data. Resource Alliance shall have no liability for any failure or delay due to
matters beyond their reasonable control. The foregoing shall not apply to the
extent prohibited by applicable law.
11. General
Representation and Warranty. You represent and warrant that (i) your use of the
Website will be in strict accordance with the Resource Alliance Privacy Policy,
with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city,
or other governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical data
exported from the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights of any
third party.
12.
Miscellaneous.
This Agreement constitutes the entire agreement between Resource Alliance and
you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Resource Alliance, or by
the posting by Resource Alliance of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or
use of the Website will be governed by the laws of the England and Wales and the parties submit to the
exclusive jurisdiction of the English courts. Except for claims regarding
intellectual property rights, any dispute arising under this Agreement shall be
finally settled in accordance with the ICC Rules of by one arbitrator appointed
in accordance with such Rules. The arbitration shall take place in London,
England, in the English language and the arbitral decision may be enforced in
any court.
If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties'
original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms
and conditions; Resource Alliance may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.