ALL FOR GOOD - TERMS OF SERVICE
EFFECTIVE DATE: NOVEMBER 11, 2013
Welcome to All For Good (“AFG”), a service of Points of Light, a Delaware Nonprofit Corporation. AFG ("All For Good," “Points of Light,” "we," or "us") provides the AFG site at URL: www.AllForGood.org ("Site"). The Site offers the services, including but not limited to the Volunteer Data, Volunteer Opportunity Data, Organization Data, Skills Taxonomy and Skills Data, trademark, logo, or other proprietary information or materials, including images, text, page layout, or form (collectively, “Licensed Content”); AFG online All For Good Volunteer Skills Matching service, National Disaster Volunteer Portal, and various distribution services and other information related thereto (collectively, the "Services") to our users, whether they be nonprofit organizations, volunteers, readers of our newsletters, registered AFG members, or other visitors to the Site under the Terms of Service contained in these Terms (as defined below). "You" means the individual person entering this Agreement on his or her own behalf; or, if this Agreement is being entered on behalf of an organization, such as an employer, "you" means the organization on whose behalf which this Agreement is entered, and in the latter case, the person entering this Agreement represents and warrants that he or she has the authority to do so on your behalf.
IF YOU USE THE SITE, SUBMIT ANY FORM OF COPYRIGHTABLE MATERIAL TO AFG ("SUPPLIED CONTENT”) OR EMPLOY THE AFG DISTRIBUTION SERVICES VIA AN AFG API (“DISTRIBUTION SERVICES”), YOU AGREE TO BE SUBJECT TO THE FOLLOWING TERMS OF SERVICE ("AGREEMENT"). PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE, PROVIDE THE SUPPLIED CONTENT OR UTILIZE THE DISTRIBUTION SERVICES.
1. ALL AFG USERS AND MEMBERS
1.1 Registering. Depending on what Services you desire to receive, you may need to register and become an AFG member. You will find registration instructions on the Site. If you are providing on the Site on behalf of an Organization, please refer to the “Content Providers” section. If you are distributing or syndicating content from the Site, either on your own behalf or on behalf of an Organization, please refer to the “Distribution Partners” section.
1.2 Eligibility. By registering as an AFG member or member organization, you represent that: (a) all required registration information you sudbmit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 13 years old or have the permission of your parent or guardian to use this Site; and (d) your use of the Services does not violate any applicable law or regulation. Your member profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements. We intend that this Site and the Services be used by individuals satisfying the foregoing eligibility requirements.
1.3 Username and Password. When you sign up to become an AFG member either to post volunteer opportunities or to search volunteer opportunities, you will also be asked to choose a username and password for your AFG profile. You are entirely responsible for maintaining the confidentiality of your password and all use of your AFG username, password, and profile. You agree not to use the AFG profile, username, or password of another AFG member at any time unless expressly authorized by such AFG member. You agree to notify us immediately if you suspect any unauthorized use of your AFG profile or access to your password.
1.4 Term. This Agreement shall remain in full force and effect while you use the Site, Services, or remain an AFG member. AFG will provide you with the Services chosen by you substantially as described on the Site. The Site and Services are made available for your personal, internal, and non-commercial use.
1.5 Termination. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this Site or any Services.
In addition, either party may terminate the Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on AFG or otherwise disparages or devalues the AFG Brand Features or AFG's reputation or goodwill.
1.5.1 Effect of Termination. When this Agreement terminates:
(a) You will cease providing AFG with Supplied Content and, if applicable, provide a null data set to AFG to replace the Licensed Content; (b) AFG will use commercially reasonable efforts to cease display of the Supplied Content to end users on the Site and to cease inclusion of the Supplied Content from the Distribution Services within 120 days after termination (or, if applicable, provision of the empty feed); except that the sublicenses existing at the time of termination of this Agreement shall remain in effect for the term of the applicable sublicense; (c) You shall immediately cease displaying Licensed Content from your site and any content distribution services containing the Licensed Content.
1.5.2 Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 1.5, 1.9, 1.10, 1.12, 1.14, 1.15, 1.17, 3.7, and 3.8 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.
1.5.3 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to AFG, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which AFG may be legally entitled, AFG shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
1.6 Your Responsibilities. You may not use the Site, Licensed Content or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual, or use disrespectful language. Like any community, the online conversation flourishes only when our AFG members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our prior written consent, you may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Licensed Content, Site, or Services, use of the Licensed Content, Site, or Services, or access to the Licensed Content, Site, or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the Licensed Content contained thereon; or (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
1.8 Access and Availability Links. The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside Web sites or their content. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this Site only provides links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
1.9. Representations and Warranties. Each party represents and warrants that it has full power and authority to enter into this agreement. You represent and warrant that (a) Supplied Content does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regardving unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines; (g) that you are at least thirteen years old.. If you are an entity, rather than an individual, You further represent and warrant that providing the Supplied Content and other performance of this Agreement have been duly approved by all appropriate actions and that the individual who provides the Supplied Content has the authority to enter into this Agreement.
You acknowledge and agree that Third Parties (as defined below) are third-party beneficiaries of these representations and warranties, and that they shall apply to them with the same force and effect as they apply to us.
1.10 License; Use of the Site and Services.
The contents of this Site, including, without limitation, the Licensed Content, are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license and right to access and make personal use of the Services, the Licensed Content and the Site, in order to obtain information or engage in other activities available through the Site. This limited right and license does not include any resale or commercial use of this Site or Licensed Content or the Services; any collection and use of any Services descriptions, properties or prices for commercial use; any derivative use of this Site or its Licensed Content; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, spiders, crawlers, or similar data gathering and extraction tools.
This Site or any portion of this Site or its Licensed Content, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent or the consent of the owner of such materials. You may not frame or utilize framing techniques to enclose any Licensed Content, of ours or of any third party on this Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of this Site terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray us or any Services offered on the Site in a false, misleading, derogatory, or other manner which we deem offensive. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
1.11 Responsibility for Dealings with Third Parties. If you are using the Services to find volunteer opportunities, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services ("Third Parties"), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization you choose to deal with. YOU AGREE THAT AFG WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST AFG ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER ORGANIZATION.
If you are using the Services to find volunteers to fill volunteer opportunities, your correspondence or ensuing relationship with the volunteers found on or through the Services, including posting volunteer opportunities, and any other terms or conditions associates with such dealings, are solely between you and the Volunteer. YOU AGREE THAT AFG WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST AFG ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER.
1.12 Release. You hereby release, agree and covenant not to sue AFG, our subsidiaries and affiliates, and our or their respective officers, directors, owners, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Services or your use of this Site or the Licensed Content, including, without limitation, your interactions with any other AFG users or your participation in any offline events or activities arising from or related to your use of the Services or the Licensed Content, other than willful misconduct or our failure to honor an express commitment posted on this Site.
If you are a California resident, you hereby waive California Civil Code Section 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."
1.13 Publicity. The parties will coordinate prior to release of any public statement regarding this relationship.
1.14 Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, THE SITE, AND THE LICENSED CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. AFG MAKES NO WARRANTY THAT THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AFG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE LICENSED CONTENT, OR SITE, OR THAT DEFECTS IN THE SERVICES OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. AFG MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFG OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
1.15 Limitation on Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AFG OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of AFG to you for all claims arising from or related to the Site, the Licensed Content or the Services is limited to one-hundred dollars ($100).
1.16 Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
1.17 Indemnification. You agree to indemnify, defend and hold harmless AFG, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom AFG may provide Supplied Content ("Third Parties")), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that AFG or Third Parties may incur as a result of or arising from (1) Supplied Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as you) violation of these Terms or applicable law, (3) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, third-party intellectual property rights, or (4) any information or content we collect from third parties through the Site or Service at your request, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services or related to the Supplied Content.
1.18 Trademarks. Certain of the names, logos, and other materials displayed in the Services constitute trademarks, trade names, service marks or logos ("Marks") of us or other entities. Other than uses described in this Terms of Service Agreement, you are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Notices. All notices must be in writing and addressed to the attention of the other party's Legal Department and primary point of contact listed in the Licensed Content provided most recently. Notice will be deemed given (a) when verified by written receipt if sent by personal courier, overnight courier, or mail; or (b) when verified by automated receipt or electronic logs if sent by facsimile or email. This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Georgia in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. AFG may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. AFG's failure to act with respect to a breach by you or others does not waive AFG's right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and AFG, and supersedes all other communications, written or oral, with regard to the use of the Licensed Content by AFG. AFG agrees that Your Marks, or the fact that You have agreed to be on the Site and uses its platform, shall not be used by AFG to imply an endorsement, sponsorship or recommendation of All For Good or Points of Light or its services by the agency or the Federal Government.
1.20 No Third Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
1.22 Violations. Please report any violations of the Terms to [email protected]
2. CONTENT PROVIDERS
If you submit any form of Supplied Content to AFG (“Content Provider”), you agree to be subject to the following Content License Terms, in addition to the Terms set forth above. If you do not agree with any of the terms of this agreement, do not provide the Supplied Content.
2.1. Content License Terms
2.1.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
2.1.2. You grant AFG a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Supplied Content, which includes without limitation the right for AFG or any third party it designates, provided that such consultants and contractors will be subject to the same obligations as AFG to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Supplied Content posted by you on or to the Site or any other web site owned by AFG, including any Supplied Content posted on or to the Site through a third party.
2.1.3 Reservation of Rights. Except for the license rights granted in this Agreement, You retain all rights in the Supplied Content. This Agreement does not limit the rights and permissible uses that AFG would have independent of this Agreement, including rights under the U.S. Copyright Act or other applicable intellectual property laws. AFG and its sublicensees retain all rights in any content created in connection with the exercise of the licenses to the Licensed Content, including ownership of copyrights in such modifications. Nothing in this agreement will restrict AFG from using content AFG obtains from a source other than You.
You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the Site or Services, including any data entry forms found through the Site and we act as a passive conduit for the distribution and publication of your Supplied Content.
However, while AFG does not, and cannot, review every item of Supplied Content and is not responsible for the content of these messages, AFG reserves the right to delete, move, or edit any Supplied Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
By making a submission of Supplied Content, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional or commercial uses.
2.1.4 Links to Your Website. By providing the Supplied Content, You permit AFG to link the Site to Your website. You agree that the web page to which any portion of the Supplied Content is linked by the Site will not spawn any pop-up or pop-under windows.
2.1.5 Delivery and Updates.
Delivery. You will submit the Supplied Content to AFG in accordance with AFG's technical requirements as set forth on the Site or as otherwise mutually agreed.
188.8.131.52 Updates. During the Term, You will provide updates to the Supplied Content on a regular basis in the manner described in “Delivery”.
184.108.40.206 Use of Supplied Content. AFG may choose to use or not use the Supplied Content at AFG's discretion.
2.1.6 Copyright Infringement. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site or Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. AFG’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, All For Good, 600 Means Steet, Suite 210, Atlanta, GA 30318; Attn: Copyright Agent.
2.2. Delivery and Updates
2.2.1 Delivery. You will submit the Supplied Content to AFG in accordance with AFG's technical requirements as set forth on the Site or as otherwise mutually agreed.
2.2.2 Updates. During the Term, You will provide updates to the Supplied Content on a regular basis in the manner described in Section 2.1 (Delivery).
2.3. Fees. AFG reserves the right to charge fees to Content Providers now or in the future. The following outlines the general guidelines that will be used to determine pricing policy based on Organization Type and Purpose. Pricing for such Services will be provided by AFG on a case by case basis and in the sole discretion of AFG.
- 2.3.1 Organization is a 501c3 entity seeking to provide content to AFG for non-commercial purposes. By way of example only, if a non-profit lists its volunteer opportunities on AFG, this would be considered a non-commercial purpose for a 501(c)3 entity. Use of AFG Distribution Services is free of charge. You may be asked to submit your current and valid 501c3 IRS Determination Letter for verification purposes.
- 2.3.2 Organization is a 501c3 entity seeking to provide content to AFG for commercial purposes. By way of example only, if a charity wishes to list opportunities on AFG for the purpose of fundraising or selling goods and services, this would be considered a commercial purpose for a 501(c)3 entity. Contact AFG at [email protected] for more information.
- 2.3.3 Organization is not a 501(c)3 entity and is seeking to use AFG Distribution Services for non-commercial use. By way of example only, if a for-profit corporation desires to list an opportunity to request users to vote in a contest on behalf of a cause, this would be considered a non-commercial use for a non-501(c)3 entity. Contact AFG at [email protected] or more information.
- 2.3.4 Organization is not a 501(c)3 entity and is seeking to use AFG Distribution Services for commercial purposes. By way of example only, if a for-profit corporation lists an opportunity to sell a commercial product or service with a social good component or aspect, this would be considered a commercial purpose for a non-501(c)3 entity. Contact AFG at [email protected] for more information
3. CONTENT DISTRIBUTION PARTNERS
Some of the Services offered via the Site facilitate the distribution or syndication of AFG Content via web service APIs, embeddable widgets, client applications, RSS, or other technologies ("Distribution Services"). Some of the Distribution Services may be subject to separate or additional terms and conditions ("Additional Terms”), in addition to the general Terms set forth above.
3.1 Distribution Services.
3.1.2 Commercial Edition, AFG Distribution Services, is available for licensing on a commercial basis, and includes the capabilities of the Free Community Edition AFG Distribution Services, and adds Web Services that currently includes capabilities such as volunteer login and sign up for projects; volunteers to define skills, and volunteer hour and impact reporting; organizations to define opportunities.
3.1.3 International Use. Both the Free Community Edition and Commercial versions of the Distribution Services are made available only to users in the United States without the express written permission of AFG.
3.2 Free Community Edition and Commercial Version Access and Fees. AFG reserves the right to charge fees to Distribution Partners now or in the future. The following outlines the general guidelines that will be used to determine availability of the Free Community Edition Distribution Services and Commercial Distribution Services and the pricing policy based on Organization Type and Purpose; AFG offers a Free Community Edition, and Commercial versions of its Distribution Services. Pricing for such Services will be provided by AFG on a case-by-case basis, in AFG’s sole discretion.
3.2.1 Organization is a 501c3 entity and is seeking to use AFG Distribution Services Services for non-commercial use. By way of example only, if a non-profit seeks to use AFG volunteer opportunity data on its website to promote its own volunteer opportunities, then this would be considered an example of non-commercial use for a 501(c)3 entity. Use of AFG’s Free Community Edition Distribution Services is available in this situation. Contact AFG at [email protected] for more information
3.2.2 Organization is a 501c3 entity and is seeking to use AFG Distribution Services Services for commercial purposes. By way of example only, if a nonprofit charges corporations for access to its volunteer opportunities delivered via the AFG Commercial Distribution Services, then this would be considered a commercial purpose for a 501(c)3 entity. Contact AFG at [email protected] for more information.
3.2.3 Organization is not a 501c3 entity and is seeking to use AFG Distribution Services Services for non-commercial use. By way of example only, if a for-profit corporation seeks to use AFG volunteer opportunity data for an employee day of service on a corporate intranet, then this would be considered a non-commercial use for a non-501(c)3 entity. Contact AFG at [email protected] for more information.
3.2.4 Organization is not a 501c3 entity and is seeking to use AFG Distribution Services Services for commercial purposes. By way of example only, if a corporation publishes AFG volunteer opportunities on a page on its website containing paid advertisements, then this would be considered a commercial purpose for a non-501(c)3 entity. Contact AFG at [email protected] for more information.
3.3.1 Provisioning of Keys. AFG Distribution Services require a unique “API Key” provisioned by AFG at our discretion. Your use of the API Key constitutes your acceptance of these Terms of Service, including all Terms this section labeled “Content Distribution Partners”.
3.3.2 Rejection of Application. AFG shall have the right, in its sole discretion, to reject any request to use the Distribution Services at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and AFG. AFG shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
3.3.3 License. AFG grants You a non-exclusive, non-transferable, revocable, limited, non-sublicenseable license to (i) access and use the Distribution Services, (ii) download and install any software provided by AFG to you that is required to use the Distribution Services as contemplated by AFG ("Code"), and (iii) view the Licensed Content that AFG delivers to you via the Distribution Services. You agree that you are responsible for your own conduct and content while using the Distribution Services and for any consequences thereof. You agree to use the Distribution Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. All rights not expressly granted by AFG to you are reserved.
If you are displaying Content, you agree that you will not, and you will not permit your users or other third parties to:
- hide or mask from AFG the identity of your service as it uses the Distribution Services;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You (or the end user posting the content) are the owner of the Rights or have the permission of the owner to post such content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, this Agreement or any applicable policies or guidelines.
- distribute any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying AFG Services;
- use AFG Services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on AFG Services;
- interfere with or disrupt AFG Services or servers or networks connected to AFG Services, or disobey any requirements, procedures, policies or regulations of networks connected to AFG Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of AFG Services or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by AFG ;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- modify or obscure the text, images, or other content of any Content that you display on your site;
- modify, obscure or otherwise disable the functioning of links to websites provided in the Content.
3.4 User support.
3.4.1 Free Community Edition. You understand and agree that you are solely responsible for providing end user or developer support and any other technical assistance for any implementation of the Free Community Edition Distribution Services in your application or site. AFG is under no obligation to provide You or end users of your application or site with user support or any other technical assistance unless other arrangements have been made.
3.4.2 Commercial Edition. AFG is under no obligation to provide You or end users of your application or site for any implementation of the Commercial Edition Distribution Services with end user or developer support or any other technical assistance unless other arrangements have been made.
3.5 Brand Feature License. For purposes of the Terms of Service, "Brand Features" shall be defined as the Marks, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. AFG hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display AFG Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section and for the purpose of fulfilling Your obligations hereunder. You hereby grant to AFG a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.
3.5.1 Brand Requirements. You must display the “Powered by All For Good, a Service of Points of Light” logo prominently in a space contiguous to where Licensed Content is displayed on Your site. Until brand guidelines have been published, please contact [email protected] for more information.
3.5.2 Brand Prohibitions. In using AFG Brand Features, you may not:
- display an AFG Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by AFG, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of AFG or AFG personnel without prior written agreement;
- use AFG Brand Features to disparage AFG, its products or services;
- display a AFG Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
- display a AFG Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to AFG;
- display a AFG Brand Feature on a site that violates any law or regulation; or
- remove, distort or alter any element of a AFG Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
You understand and agree that AFG has the sole discretion to determine whether your use of AFG Brand Features is in accordance with the above restrictions.
You understand and agree that AFG has the sole discretion to determine whether your use of AFG Brand Features is in accordance with the above restrictions.
3.5.3 Attribution. The Content provided to You through the Distribution Services may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of AFG, its partners, or other third party rights holders of content indexed by AFG. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3.5.4 No Right, Title Granted. Except as set forth in this Section 1.4.4, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of AFG’s Brand Features (including any goodwill associated therewith) shall inure to the benefit of AFG. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of AFG (except to the extent such restriction is prohibited by law) or the registration thereof by AFG, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of AFG.
3.7 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE AFG DISTRIBUTION SERVICES IS AT YOUR SOLE RISK. THE DISTRIBUTION SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AFG MAKES NO WARRANTY THAT (i) THE DISTRIBUTION SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE DISTRIBUTION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DISTRIBUTION SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DISTRIBUTION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOD WORKS OR THROUGH OR FROM AFG SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
3.8 LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFG SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DISTRIBUTION SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DISTRIBUTION SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DISTRIBUTION SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE DISTRIBUTION SERVICES.
3.9 EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 3.8 AND 3.9 MAY NOT APPLY TO YOU.