Charitable-Giving.org...
TERMS OF USE POLICY STATEMENT
By using this
site, you signify your agreement to all terms, conditions, and notices
contained or referenced herein (the "Terms of Use"). If you do not agree
to these Terms of Use please do not use this site. We reserve the right,
at our discretion, to update or revise these Terms of Use. Please check
the Terms periodically for changes. Your continued use of this site
following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
Charitable-Giving.org is not liable in any way for the content posted,
opinions expressed, or actions of the users of our services. Any
concerns about the above should be sent directly to our Legal
Department:
service@Charitable-Giving.org
The provisions of this Policy are intended as guidelines and are not
meant to be exhaustive. Generally, conduct that violates law,
regulation, or the accepted norms of the Internet community, whether or
not expressly mentioned in this Policy, is prohibited.
Charitable-Giving.org reserves the right at all times to prohibit
activities that damage its commercial reputation and goodwill.
You agree to abide by Charitable-Giving.org's Rules of User Conduct,
including but not limited to, agreeing not to use this site for any
unlawful purpose. The Rules of Conduct follow:
By posting information in or otherwise using any communications service,
chat room, message board, newsgroup, software library, or other
interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise distribute
or facilitate distribution of any content—including text,
communications, software, images, sounds, data, or other
information—that:
a) is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or
threatening nature directed at another individual or group of
individuals), or otherwise violates Charitable-Giving.org's rules or
policies;
b) victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
c) infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
d) constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming";, chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
e) contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of any third party; or
f) impersonates any person or entity, including any employee or
representative of Charitable-Giving.org.
You also agree that you will not harvest or collect information about
the users or members of this site or use such information for the
purpose of transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications. You further agree that you
will not knowingly solicit or collect personal information from a child
16 years old or younger without appropriate prior verifiable parental
consent.
Charitable-Giving.org generally does not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However,
Charitable-Giving.org and its agents have the right at
their sole discretion to remove any content that, in
Charitable-Giving.org's
judgment, does not comply with the Rules of User Conduct or is otherwise
harmful, objectionable, or inaccurate. Charitable-Giving.org is not
responsible for any failure or delay in removing such content.
TORTIOUS CONDUCT
No one shall post defamatory,
scandalous, or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyrights, or other intellectual property rights.
THIRD PARTY SITES
This site may produce automated
search results or otherwise link you to other sites on the Internet.
These sites may contain information or material that some people may
find inappropriate or offensive. These other sites are not under the
control of Charitable-Giving.org, and you acknowledge that
Charitable-Giving.org is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of
such sites. The inclusion of such a link does not imply endorsement of
the site by Charitable-Giving.org or any association with its operators.
PROPRIETARY RIGHTS
You acknowledge and agree that all
content and materials available on this site are protected by
copyrights, trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized by
Charitable-Giving.org, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from such
materials or content. Notwithstanding the above, you may print or
download copies of the materials or content on this site subject to the
owners rights and permissions of subject property on any single computer
for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic retrieval of data or
other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without
written permission from Charitable-Giving.org is prohibited. In addition,
use of the content or materials for any purpose not expressly permitted
in these Terms of Use is prohibited. REQUESTING
PERMISSION TO USE COPYRIGHTED MATERIALS
This website
contains documents (including product information, help files, articles,
etc.), photos, icons, and other copyrighted materials owned by us or our
content providers. The following information applies only to materials
we own. You must contact the copyright owner for permission to use third
party materials. Do I Need Permission?
You are authorized to view, copy, download, and print for personal use
only any copyrighted materials we own that are available on this web
site, subject to the following conditions:
a) The documents may be used solely for personal, noncommercial, and
informational purposes. They may not be posted or distributed.
b) The documents may not be modified.
c) All copyright and other proprietary notices must be retained in the
document.
This permission does not extend to materials owned by other content
providers that appear on this web site.
You may not reproduce, copy, or redistribute the design or layout of
this website, individual elements of the website design, or our logos
without our express written permission.
Permission For Commercial Use
Reproduction, copying,
or redistribution for commercial purposes of any materials or design
elements on this website is strictly prohibited without our express
written permission. Permission is granted only when certain limited
criteria are met.
Please identify the requested material and the website on which it is
found in the subject line:
a) The content you wish to use and the URL where it is located.
b) Where and how it will be used (for example, in an Internet use
manual, in a newsletter, or in a movie).
c) Where and how copies will be distributed and to what audience.
d) How many copies will be produced and distributed.
e) When you intend to publish, and your deadline for a response (no
shorter than two weeks please).
f) Other materials that will be associated with our content.
g) Your name, title, company, address, email address, and phone number.
In addition, please provide an example or mockup of the intended use,
either by sending a file attached to your email (in a format readable
with a PC), or by fax to: U.S. Fax: 603.691.0730; U.K. FAX:
0870.126.8295. We will need all of the above in order to evaluate your
request. Please expect 7 to 10 days for processing all requests.
We reserve the right to refuse permission to copy, distribute,
broadcast, or publish any of our copyrighted material.
Users Grant of Limited License
By posting or
submitting content to this site, you:
a) grant Charitable-Giving.org and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute, have
distributed, and promote the content in any form, anywhere and for any
purpose; and
b) warrant and represent that you own or otherwise control all of the
rights to the content and that public posting and use of your content by
Charitable-Giving.org will not infringe or violate the rights of any
third party. Procedure For Making Claims Of
Copyright Infringement
If you believe that your work
has been copied and is accessible on this site in a way that constitutes
copyright infringement, you may notify Charitable-Giving.org. Please see
the following for instructions.
Charitable-Giving.org, Inc. and its affiliated companies respect the
intellectual property of others, and we ask our content partners and
those posting to this site to do the same. If you believe that your
copyrighted work has been copied and is accessible on this site in a way
that constitutes copyright infringement, you may notify us by providing
our copyright agent with the following information:
a) the electronic or physical signature of the owner of the copyright or
the person authorized to act on the owner's behalf.
b) a description of the copyrighted work that you claim has been
infringed and a description of the infringing activity.
c) identification of the location where the original or an authorized
copy of the copyrighted work exists, for example the URL of the website
where it is posted or the name of the book in which it has been
published.
d) identification of the URL or other specific location on this site
where the material that you claim is infringing is located; you must
include enough information to allow us to locate the material.
e) your name, address, telephone number, and email address.
f) a 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.
g) 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 are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this site
can be reached as follows: Via FAX at 603.925.9390.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS
SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Charitable-Giving.org, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
Charitable-Giving.org, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF Charitable-Giving.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
Charitable-Giving.org's LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by
Charitable-Giving.org, you agree to defend, indemnify, and hold harmless
Charitable-Giving.org and its subsidiary and other affiliated companies,
and their employees, contractors, officers, and directors from all
liabilities, claims, and expenses, including attorney's fees, that arise
from your use or misuse of this site. Charitable-Giving.org reserves the
right, at it own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event
you will cooperate with Charitable-Giving.org in asserting any available
defenses. International Use
Charitable-Giving.org makes no representation that materials on this site
are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for
compliance with local laws. Choice of Law and
Forum
These Terms of Use shall be governed by and
construed in accordance with the laws of the State of New Hampshire,
excluding its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this site shall be filed
only in the state or federal courts located in the State of New
Hampshire, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim
or action. Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and Charitable-Giving.org with respect to this site
and supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and
Charitable-Giving.org with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Software, patches and or downloads are provided "AS IS" and "AS
AVAILABLE" and no warranties are provided, except as required by law.
SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
Charitable-Giving.org is in no way liable for any claims arising from
your use of the Software, patches or downloads. As a condition of your
use, you agree to indemnify Charitable-Giving.org for all claims relating
to your downloading, use, reproduction of, and/or receipt or
distribution of content through, the Software. Charitable-Giving.org
reserves the right, in its sole discretion and at any time, to modify or
discontinue the Software, patches or downloads; limit, terminate or
suspend your use of the Software, patches or downloads; assess charges
for the use of the Software in the future; and/or make changes to this
Registration Agreement. Termination
Charitable-Giving.org reserves the right, in its sole discretion, to
terminate your access to all or part of this site, with or without
notice. Developing-World.org,
Charitable-Giving.org, KeepTheHeartBeating.org and
Contribute-Now.org names and related indicia are trademarks of Keep The
Heart Beating LLC © 2004-2008 Keep The Heart Beating LLC. All rights
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