The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. Minors are restricted from using this Site without the supervision of a parent.
ACP grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material” or “Materials”) are the exclusive property of ACP or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, and without ACP’s prior written consent.
Advancing Compassion, Help. Love. Grow., Volunteers Changing Lives, and ProPhilanthropy are registered trademarks and the Advancing Compassion Project logo, (the “Marks”) displayed on the Site are the exclusive intellectual property of ACP. All other trademarks, service marks, and logos displayed on the Site are the exclusive property of respective owners. You shall not use the Marks in any manner without ACP’s and/or their respective owners’ prior written consent.
© 2012-2014 Advancing Compassion Project. All rights reserved.
4. User submissions
The Site may provide a forum, blog, or comment section for you to obtain information from ACP, about ACP, or comment on ACP. By submitting or entering your information to the Site (“Submitted Information”), you agree that you grant ACP a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in their entirety or a portion of, your Submitted Information, and by any means, forever and worldwide.
You acknowledge and agree that the Site is only a passive forum for users to obtain information. ACP does not screen or monitor any Submitted Information. ACP, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Information.
You acknowledge and agree that ACP may retain copies of your Submitted Information and disclose your Submitted Information to a third party if ACP believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect the rights of ACP; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert ACP’s claim under this Policy; and (vi) satisfy any claims regarding violations of third party’s rights. Furthermore, you acknowledge and agree that ACP may use your Submitted Information for training, data aggregation and other internal purposes.
5. General prohibition
In connection with your Use, you agree NOT to:
(a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
(b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of ACP or any third party;
(c) upload, post, transmit, or store any material that:
i. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
ii. breaches any of your contractual or confidentiality obligations;
iii. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting and/or uploading abnormally large files or other data; or
iv. is an advertisement or other solicitation, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes,” franchises, distributorships, club memberships, sales arrangements, or similar materials;
(d) violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, or collecting other’s Confidential information;
(e) breach or attempt to breach any security measures of the Site;
(f) use any device, process, or mechanism (e.g., a spider or “bot”) to monitor, retrieve, search, or access the Site or any Material without ACP’s prior written consent;
(g) access or attempt to access any account or login of any other user or third party listed on the Site;
(h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials;
(i) post or submit any inaccurate, false, or incomplete information;
(j) impersonate any person or entity;
(k) forge any header information in any electronic posting or mail; or
(l) misrepresent yourself, your affiliation with any third party, or your entity.
6. Specific usage and responsibilities
In addition to the general responsibilities listed in Section 5, you agree to comply with the following terms.
You further agree to:
(a) use the Site only for lawful purposes;
(b) maintain, complete, correct, and up-to-date your Submitted Information;
(c) seek independent advice or counsel and to use independent judgment, caution, and common sense prior to using any information or Materials offered by or obtained from the Site; and
(d) bear the risks of any reliance or use of any Materials or any information offered by or obtained from the Site or provided by any third party. The Materials are for informational purposes only and are not represented to be complete, accurate, valid, timely or error free.
7. Third party information
You understand and agree that ACP:
(a) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties;
(b) shall not be responsible for, and you hereby release ACP with respect to, any Materials posted by third parties; and
(c) is not your agent in any regard.
8. Links to third party
The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by ACP. ACP shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between ACP and the owner of the Linked Sites or any endorsement or sponsorship by ACP of the Linked Sites. ACP includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.
You agree to indemnify, defend, and hold ACP, its parents, and subsidiaries, and their respective affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Use of the Materials, your Submitted Information, or your violation of any terms and conditions of this Policy.
YOU ACKNOWLEDGE AND ACCEPT THAT: (I) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE AND ITS MATERIALS. THE SITE AND ITS MATERIALS ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (II) ACP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. ( III ) ACP EXPRESSLY DISCLAIMS ALL WARRANTIES (A) THAT THE SITE AND ITS MATERIALS WILL BE ERROR- FREE OR VIRUS- FREE ; (B) THAT THE SITE WILL BE UNINTERRUPTED AND SECURE; (C) THAT THE SITE WILL MEET YOUR REQUIREMENTS; AND (D) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS OR TRUTHFULNESS OF ANY SUBMITTED INFORMATION. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
12. Liability and limitations of liability
YOU UNDERSTAND AND AGREE THAT THE SITE AND ITS MATERIALS ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU UNDERSTAND AND AGREE THAT SOME LAWS, REGULATIONS, GUIDELINES AND OTHER MATTERS ADDRESSED IN THE SITE AND ITS MATERIALS ARE SUBJECT TO INTERPRETATION AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WAIVE ANY CLAIM AGAINST ACP, ITS PARENTS, AND SUBSIDIARIES, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FOR ANY LOSS, DAMAGE AND EXPENSE (OR CLAIM THEREOF) RESULTING FROM YOUR USE OF THE SITE AND ITS MATERIALS. YOU AGREE THAT THE AVAILABILITY OF THE SITE AND ITS MATERIALS SHALL NOT BE CONSTRUED AS THE RENDERING OF ANY TAX, LEGAL, ATTEST, ACCOUNTING, AUDITING OR OTHER PROFESSIONAL, SERVICES OR ADVICE.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, THE MATERIALS, OR ANY SUBMITTED INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE , STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE ESF, ITS PARENTS, AND AFFILIATES, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF ACP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, THE MATERIALS, ANY SUBMITTED INFORMATION, AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE AND ACKNOWLEDGE THAT ACP’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
ACP shall have the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. ACP may also terminate your access to any part or all of the services provided by ACP on the Site at any time, with or without cause or notice, for any or no reason. ACP shall not be responsible for maintaining or returning your Submitted Information.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and ACP arising out of or resulting from your Use of the Site. This Policy constitutes the entire agreement between you and ACP governing your Use of the Site. This Policy is governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. ACP does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you are solely responsible for all your actions and assume all risks. The failure or delay by either party to enforce the terms of this Policy shall not be deemed as a waiver of such term. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination of this Policy for any reasons.
Updated 24 Dec 2011