GIVE WITH US USER AGREEMENT
1. ACCEPTANCE OF TERMS
Verity Credit Union (“Credit Union,” “We,” or “Us”), through its Give With Us website, provides an online forum that connects those that want to give their time and talent with organizations and individuals in need of assistance (“Service”) subject to the following terms and conditions (collectively “Terms”). By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular Give With Us services, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.
2. VOLUNTEER SCREENING
You acknowledge and agree that the Credit Union assumes no responsibility for volunteer participation, including, but not limited to, whether any volunteers will appear at your event and the individual and collective acts of volunteers. The Credit Union does not perform any screening of participants or organizations that use the Service.
3. GIVE WITH US VOLUNTEER EVENTS
You understand that accidents and injuries can arise from participating in volunteer events. The Credit Union is not responsible for injury or damage of any kind related to or resulting from participation in any of the volunteer events listed on the Give With Us site.
By becoming involved in Give With Us events, you agree to the Credit Union’s use of your name and/or likeness for advertising and publicity purposes without compensation and, upon request, will provide consent to such use in writing. You also grant to the Credit Union permission to take your picture during participation in Give With Us events for publicity purposes.
4. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that the Credit Union does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that could be considered offensive, inaccurate, misleading, or otherwise objectionable. Furthermore, the Give With Us site and Content available through the Service may contain links to other websites, which are completely independent of the Credit Union. The Credit Union makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with the use of any Content and that under no circumstances will the Credit Union be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Credit Union does not pre-screen or approve Content, but that the Credit Union shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Give With Us website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Credit Union, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any dealings with any of these third parties.
You agree that the Credit Union shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Credit Union is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Credit Union, its officers, employees, agents and successors from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Service, including claims based on the negligent acts or omissions of Credit Union.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Credit Union for notice of claims of copyright or other intellectual property infringement at ipclaim@verity.org.
The Credit Union will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a Credit Union employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) that includes personal or identifying information about another person without that person’s explicit consent;
f) that is false, deceptive, misleading, deceitful, or misinformative;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) that advertises any illegal service;
j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
Additionally, you agree not to:
l) collect personal data about other users for commercial or unlawful purposes;
m) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
n) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
o) attempt to gain unauthorized access to the Credit Union’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Give With Us website.
8. LIMITATIONS ON SERVICE
You acknowledge that the Credit Union may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Credit Union has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that the Credit Union reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that the Credit Union shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
The Credit Union grants you a limited, revocable, nonexclusive license to access the Service for your own non-commercial use. This license does not include: (a) access to the Service by posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
The Credit Union permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds ten (10) postings, your use will be presumed to be in violation of the Terms. You may also create a hyperlink to the home page of the Give With Us site so long as the link does not portray the Credit Union, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by the Credit Union immediately terminates said permission or license.
10. TERMINATION OF SERVICE
You agree that the Credit Union, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Credit Union believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that the Credit Union shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 3, 4 and 10-18 shall survive termination of the Terms.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Credit Union. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of the Credit Union, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although the Credit Union does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Credit Union an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant the Credit Union all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE GIVE WITH US SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. the Credit Union SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, the Credit Union DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GIVE WITH US SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CREDIT UNION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GIVE WITH US SITE OR THE SERVICE.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE CREDIT UNION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GIVE WITH US SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GIVE WITH US SITE OR THE SERVICE, FROM INABILITY TO USE THE GIVE WITH US SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GIVE WITH US SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIVE WITH US SITE OR THE SERVICE OR ANY LINKS ON THE GIVE WITH US SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIVE WITH US SITE OR THE SERVICE OR ANY LINKS ON THE GIVE WITH US SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. INDEMNITY
You agree to indemnify and hold the Credit Union, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your activities in Give With Us volunteer events, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. GENERAL INFORMATION
The Terms constitute the entire agreement between you and the Credit Union with respect to your use of the Service and involvement in any activities posted on our site. The Terms and the relationship between you and the Credit Union shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Washington agree to submit to the personal and exclusive jurisdiction of the courts located within Washington. The failure of the Credit Union to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:
http://verity.givewith.us/terms
18. VIOLATION OF TERMS
Please report any violations of the Terms by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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