“Additional Terms” refers to (a) any written authorization regarding the use of any Sites; and (b) any additional terms and conditions posted in connection with any of the Sites and/or any portion or section thereof.
“Content” refers to any materials, data, documents, applications, source code, images, graphics, logos, design, audio, video, musical works, works of authorship, or any other information or materials provided from or by CHARITYADVANTAGE or any of CHARITYADVANTAGE’s Affiliates on the Sites.
“Sites” refers collectively to CHARITYADVANTAGE’s websites including charityadvantage.com, and all other related Content and online services.
“User” refers to a Visitor.
- We Provide the Sites for your Convenience Only
We do not warrant or represent that the Content is accurate or complete; up-to-date or current; free from inaccuracies, omissions or errors; or free from changes, errors or problems.
We do not have a duty to update the Sites and/or any Content, and any updates to the Sites and/or the Content will be in our sole discretion. We reserve the right to modify, update, delete or replace the Sites, the Content, and any portion thereof, or services offered in connection therewith, at any time and from time to time in our sole discretion without prior notice.
Except as agreed in any Additional Terms, you acknowledge and agree that CHARITYADVANTAGE, in its sole discretion, without notice or any further obligation to you, may:
- temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of any or all of the Sites and/or the Content for any reason;
- reject or delete any unlawful, infringing, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, discriminatory or profane or otherwise objectionable material, or any other Content that could give rise to any civil or criminal liability under the law;
- suspend, restrict, terminate or permanently delete your use if CHARITYADVANTAGE, in its sole discretion, determines that you breached these terms or any other agreements, pose a threat to CHARITYADVANTAGE, CHARITYADVANTAGE Affiliates, or any of its Users, or for any other reason; or
- take any other necessary or appropriate actions in case of technical problems or unauthorized activities.
- We Provide the Sites "As Is" and “As Available” and Disclaim All Warranties and Liability
THE SITES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS. THE SITES MAY CONTAIN BUGS, VIRUSES, OTHER MALICIOUS CODE, MALWARE, ERRORS, INTERRUPTIONS, PROBLEMS AND OTHER LIMITATIONS FOR WHICH CHARITYADVANTAGE DISCLAIMS ANY RESPONSIBILITY AND LIABILITY.
WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE SITES OR ANY CONTENT. IN OTHER WORDS, YOU USE THE SITES AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY CONTENT, SUBMISSIONS, USER PROFILES, ACTS OR OMISSIONS OF OTHER USERS, NEGLIGENCE, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY’S USE OR THE INABILITY TO USE THE SITES AND/OR THE CONTENT. IF YOUR USE OF THE SITES RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH.
- Intellectual Property Rights in the Sites
CHARITYADVANTAGE owns all rights and interest in and to the Sites and the Content. CHARITYADVANTAGE does not grant you any ownership rights in the Content, nor grant you any right to use, reproduce, or display the Content through or on any other medium.
You may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, display, publicly perform, display, sell, use or sublicense any Content or martials on the Sites, including any Content of third parties except as authorized herein. Your license rights in the Sites and the Content are for your use only and are limited to the rights specifically set forth in these Terms.
The copyright in the Sites and the Content, including (without limitation) all graphics, text, and computer programs contained therein, the underlying code, the pages displaying the Sites and the arrangement of the Sites, is owned by CHARITYADVANTAGE unless otherwise indicated. You may not post, modify, distribute or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to CHARITYADVANTAGE or third parties except as provided in these Terms. Upon receipt of proper notification to CHARITYADVANTAGE by the copyright owner or its legal agent of copyright infringement, CHARITYADVANTAGE reserves the right to suspend or wholly terminate your right to access or use the Sites based on such infringement, whether oral or alleged.
CHARITYADVANTAGE is a service mark of Focus Point Media, Inc. Certain other trademarks and service marks owned by CHARITYADVANTAGE or the CHARITYADVANTAGE Affiliates may be contained in the Sites. You may not use, and nothing on the Sites should be construed as granting any license or right to use, any of the trade or service marks without our prior written permission. You are not authorized to use any of the service marks as a hyperlink to the Sites, unless you obtain our prior written permission. All other marks contained herein are the property of their respective mark owners.
- Links to Third Party Websites
Any links on the Sites to third party websites are provided by CHARITYADVANTAGE solely as a convenience to you. The privacy and security practices of such third party websites may be different than CHARITYADVANTAGE’s privacy and security practices. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website or its products. It also does not mean that we are affiliated with the third party website's owners or sponsors. CHARITYADVANTAGE does not control such websites and is not responsible for any such websites or the content, products, accuracy, opinions or services offered by any third parties.
- Third Party Links to the Sites
If a third party links to our Sites, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to the Sites.
A website that links to any of the Sites:
- may link to, but not replicate, the Sites or the Content;
- may not create a browser, border environment or frame the Sites or the Content;
- may not imply that we are endorsing it or its products or services;
- may not misrepresent its relationship with us;
- may not present false, misleading, deceptive, or inaccurate information about our products or services;
- may not contain content that could be construed as distasteful, offensive or controversial; and
- may not state or imply anything about CHARITYADVANTAGE’s products or services without our prior written consent.
- Your Use of the Sites is Restricted
You may not (a) decompile, disassemble, reverse engineer, translate, change, modify or otherwise alter the Sites or any technology accessible thereon or (b) interfere with or alter the Sites or gain access to any other services, hardware or networks owned, maintained or operated by CHARITYADVANTAGE, unless otherwise expressly permitted by CHARITYADVANTAGE. You represent, warrant and covenant that you will use the Sites and the Content only for authorized and legal purposes, consistent with all applicable laws, rules, regulations and the proprietary rights of third parties and these Terms and any applicable Additional Terms.
Neither the Sites, nor any Content owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except as expressly authorized herein. If you violate these restrictions, you may be subject to civil and criminal penalties. If we waive these restrictions in accordance with these Terms, the permission terminates automatically if you breach these Terms.
- Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- the location of the allegedly infringing material on the Sites;
- your address, telephone number, and email address;
- 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;
- 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.
CHARITYADVANTAGE’s DMCA Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows:
Attn: DMCA Agent
Focus Point Media, Inc.
616 E. Alvarado Street, Suite A201
Fallbrook, CA 92028
- You are Bound by Changes to these Terms
We may at any time modify, amend, revise or replace these Terms, without notice to you, by updating this posting. By using any of the Sites following any such modification, amendment, revision or replacement, you agree to be bound by the terms thereof and should therefore periodically visit this page to determine the then-current Terms to which you are bound.
- You Agree to Indemnify Us for Using the Sites
You agree to indemnify, defend and hold harmless CHARITYADVANTAGE, the CHARITYADVANTAGE Affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or use of the Sites.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that no joint venture, partnership, employment or agency relationship exists between you, CHARITYADVANTAGE, or the CHARITYADVANTAGE Affiliates as a result of these Terms, any Additional Terms or your use of the Sites. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you. All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that CHARITYADVANTAGE may provide notice to you by posting announcements to the Sites or sending an e-mail to a User at any e-mail address furnished by such User. Except with respect to that body of law relating to conflicts of law, the laws of the State of California shall govern these Terms. The parties agree to submit to jurisdiction and venue in the State of California and in the U.S. district courts located therein. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of these Terms, or the application thereof to any person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of these Terms shall be valid and enforced to the fullest extent of the law. These Terms, together with any Additional Terms, constitute the complete agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. Those provisions that, by their terms, should survive any termination or expiration of these Terms, shall survive any termination or expiration of these Terms. The headings and titles in these Terms are for convenience only and shall not have any legal or contractual effect.