The terms and conditions set forth below (the "Terms") govern your relationship with Network for Social Responsibility ("NSR" or "we" or "us"), the umbrella organization of WaysToHelp.org, and your use of the WaysToHelp.org website (the "Site"). These terms govern your access to, and use of, the Site. If you do not agree with all of these Terms, do not use this Site or any information or content contained on this Site. Your use of this Site shall be deemed to be your agreement to abide by all of the terms set forth below. NSR reserves the right to revise these Terms at any time, and will post notice of the changes and the updated Terms on this Site. You are responsible for regularly reviewing the Terms. Your continued use of this Site after the changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes.
By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to enter into these Terms. Further, you represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information and keep such information up-to-date; and (c) your use of the services offered through this Site do not violate any applicable law or regulation. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and to fully indemnify and hold harmless NSR if your child breaches or disaffirms any term or condition of these Terms.
You further represent, acknowledge and agree that: (i) you will not use the Site or its services if you are under the age of 13, (ii) you will not use the Site if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals and (iii) you will not use the Site if you are a convicted sex offender.
You are prohibited from using this Site if such use violates any of the foregoing representations.
General Use Restrictions.
Certain content and information provided on and through this Site, including, without limitation, videos, documents, logos, graphics and images that are not User Generated Content (as defined below) (collectively, the "Materials") are provided to you by NSR and are the copyrighted and/or trademarked work of NSR or NSR's contributors. NSR grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials solely for your personal use in connection with the Site and services offered through the Site. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, distribute, electronically transmit or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Password Restricted Areas of this Site and Facebook Connect.
You may also need a separate password specific to this Site to use certain functions and areas within this Site ("Site Password"). You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify NSR if your Site Password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
You agree not to use other users' contact information gathered from this Site for commercial purposes, and you agree not to provide any other user's contact information to any third party. User-posted commercial advertisements, affiliate links and other forms of solicitation or profiteering are prohibited and may be removed from the Site without notice.
Third Party Content.
Certain information and other content that are not User Generated Content may be provided by third party licensors and suppliers to NSR ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. In certain instances, NSR may allow you to download certain Third Party Content, such as PDFs, from this Site. You agree to only display on your personal computer and/or download one copy of the Third Party Content solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to download, cache, reproduce, modify, display, distribute, electronically transmit, edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Third Party Content.
Links to Third Party Sites.
You understand that deciding whether to use any resources pointed to or any information on the Site or to pursue any volunteer opportunities on or through the Site is your personal decision for which you alone are responsible. You understand that NSR does not and cannot make representations as to the suitability of any entity or individual that you may decide to interact with on the Site or through the services on the Site and/or the accuracy or suitability of any advice, information, or recommendations made by any entity or individual. You understand that your communications, interactions and dealings with any individuals or entities other than NSR on or through the Site are solely between you and such other individual or third party entity. Any complaints, concerns or questions you have relating to information, resources, materials and/or services provided by such individuals or third party entities should be forwarded directly to the applicable party. NSR is not responsible for any loss or damage of any sort incurred as a result of any such interactions or dealings, and NSR has no obligation to become involved in any resulting dispute.
User Generated Content.
You acknowledge that you are responsible for the information, ideas (including, without limitation, grant ideas), opinions, messages, comments, photos, videos, graphics, sounds and any other content or material that you submit, upload, post or otherwise make available on or through the Site and through the services available in connection with this Site ("User Generated Content"). For the avoidance of doubt, User Generated Content does not include any Feedback (defined below). You, and not NSR, have full responsibility for all of your User Generated Content, including its legality, reliability, appropriateness, and trademark and copyright ownership. You agree that any User Generated Content is provided by you on a non-proprietary and non-confidential basis, and you acknowledge that, generally, User Generated Content will be accessible by other users on the Site. Therefore, please be sure that any information that you post on any area of the Site is information that you are comfortable with sharing with others.
You agree that NSR is free to use all of your User Generated Content on an unrestricted basis for any purpose, and you grant NSR a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify, prepare derivative works and otherwise exploit any or all of your User Generated Content. For the avoidance of doubt, and without limiting the generality of the foregoing, you agree NSR may transfer the foregoing rights with respect to your User Generated Content to a successor entity upon a merger, consolidation or other corporate reorganization in which NSR participates. You retain ownership of any copyrights or other intellectual property rights applicable to your User Generated Content. You further agree that you will not upload, post or otherwise make available on this Site any User Generated Content protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such right(s), and the burden of determining whether any User Generated Content is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any User Generated Content that you make. You represent and warrant that: (i) you own all User Generated Content posted by you on or through this Site or otherwise have the right to grant the licenses to NSR set forth in this section, and (ii) the posting of your User Generated Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Generated Content posted by you to or through this Site.
Rules of Conduct.
When submitting User Generated Content to, or otherwise using this Site or its services, you agree not to, without limitation:
- Post off-topic messages.
- Defame, abuse, harass, stalk, bully, intimidate, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language.
- Post anything that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Alter the opinions or comments posted by others on this Site.
- Impersonate or represent NSR, our staff or any other person or entity, or otherwise disguise the origin of any content transmitted through the Site or to NSR, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
- Provide any false personal information on or through the Site.
- Harvest user names, addresses, or e-mail addresses for any purpose other than use in your legitimate interactions on or through this Site for which the site was intended.
- Upload viruses or other malicious code.
- Solicit login information or access an account belonging to someone else.
This list of prohibitions provides examples and is not complete or exclusive. NSR reserves the right to (a) terminate your ability to post to this Site and (b) refuse, delete or remove any User Generated Content; in each case of either (a) or (b), with or without cause and with or without notice, for any reason or no reason, or for any action that NSR determines is inappropriate or disruptive to this Site or to any other user of this Site and/or its services. NSR may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at NSR's discretion, NSR will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. NSR does not and cannot review every item of User Generated Content posted to the Site. These prohibitions do not require NSR to monitor, police or remove any User Generated Content or other information submitted by you or any other user.
User Generated Content and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws, rules and regulations. You agree to indemnify and hold NSR and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) NSR or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or your User Generated Content violates any applicable law, rule or regulation, or the copyrights, trademark rights or any other rights of a third party.
To the extent that you provide NSR with any business suggestions, ideas, or feedback concerning the Site, Materials and/or any other content or services of NSR ("Feedback"), such Feedback will be the sole and exclusive property of NSR. You hereby do assign, and agree to assign, to NSR all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights. You agree to assist NSR in perfecting and enforcing such rights. You acknowledge that you are responsible for the Feedback that you submit to the Site, including, without limitation, through "Contact Us" forms or e-mails. You agree to indemnify and hold NSR and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) NSR or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that use of your Feedback violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
You agree that all information that you provide to NSR will be accurate, current and complete. You agree to pay all charges incurred by you and charged to your credit card (or other applicable payment mechanism) in connection with donations you make through the Site.
The names and logos of Network for Social Responsibility, the WaysToHelp program and the WaysToHelp.org website are trademarks of NSR in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of NSR. All rights not expressly granted herein are reserved.
Copyright and Trademark Infringements.
NSR respects the intellectual property rights of others, and we ask you to do the same. NSR may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide NSR's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or to which access is to be disabled from the Site, and information reasonably sufficient to permit NSR to locate the material.
- Information reasonably sufficient to permit NSR to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NSR's agent for notice of claims of copyright or trademark infringement on this Site can be reached by completing our infringement claim form at http://waystohelp.org/infringement_claim.php.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties.
Your use of this Site and/or the services on or through the Site is at your own risk. Neither the Materials, User Generated Content nor the Third Party Content have been verified or authenticated in whole or in part by NSR, and they may include inaccuracies or typographical or other errors. NSR does not warrant the accuracy of timeliness of the Materials, User Generated Content or the Third Party Content contained on this Site, and NSR has no liability for any errors or omissions in the Materials, User Generated Content and/or the Third Party Content, whether provided by NSR or our licensors. NSR, FOR ITSELF AND ITS PARTNERS AND LICENSORS, MAKES NO WARRANTIES, AND EXPRESSLY EXCLUDES ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THIS SITE, MATERIALS, USER GENERATED CONTENT, THIRD PARTY CONTENT AND ANY SERVICES OR RESOURCES OFFERED, MADE AVAILABLE AND/OR MADE ACCESSIBLE ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES WITH RESPECT TO QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, USER GENERATED CONTENT, THIRD PARTY CONTENT AND ANY SERVICES OR RESOURCES OFFERED, MADE AVAILABLE OR MADE ACCESSIBLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS. NSR DOES NOT GUARANTEE THAT THE SITE AND/OR SERVICES ON OR THROUGH THE SITE WILL BE SAFE OR SECURE. NSR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
NEITHER NSR, NOR ITS PARTNERS OR LICENSORS, WILL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THIS SITE, MATERIALS, USER GENERATED CONTENT, THIRD PARTY CONTENT AND ANY SERVICES OR RESOURCES OFFERED, MADE AVAILABLE AND/OR MADE ACCESSIBLE ON OR THROUGH THE SITE. IN NO EVENT SHALL NSR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NSR KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
NSR controls and operates this Site from its headquarters in the United States of America and the Materials, User Generated Content and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, NSR may terminate and/or suspend your access to this Site without notice. NSR prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by NSR, may result in immediate termination of your access to the Site. California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the state and federal courts located in the County of San Francisco, California, and you consent to exclusive jurisdiction and venue in such courts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law, and no other terms will be modified and will remain in full force and effect. NSR's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and NSR and supersede any prior or contemporaneous communications, discussions or agreements, written or oral, between you and NSR about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. You are responsible for any costs, fees and/or charges related to obtaining access to the Site, including, without limitation, on mobile devices (such as telephone carrier, Internet service provider and/or text messaging fees and charges).