FUNDRIVE PORTAL SUPPLEMENTAL TERMS OF SERVICE
Last Updated: 8/26/2016
Your Acceptance of Terms
Your participation in a FUNDrive is also contingent on Your execution of the FUNDrive Purchase Agreement governing the sale of goods to Savers.
You understand that you will need to create an account to have access to all of the parts of the Portal. In order to use those restricted portions of the Portal, you will: (a) provide true, accurate, current and complete information about yourself and your nonprofit organization as prompted by the Portal's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Savers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Savers has the right to suspend or terminate your account and refuse any and all current or future use of the Portal (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Portal using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Portal. We have the right to provide user, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
Trademarks and Copyrights
This Portal and all materials incorporated by Savers on this Portal, including without limitation all text, graphics, photographs, images, video, sound and illustrations ("Materials"), are protected by copyright, and may be protected by patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Savers on this Portal are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Savers or others ("Trademarks"). All right, title and interest to the Portal, including the Copyrights and Trademarks therein, shall at all times be and remain with Savers and any other co-owner(s) of such Copyrights and Trademarks in the Portal and Materials.
Use of the Portal and Material
Savers grants you a limited, non-exclusive, non-transferable and revocable license to download, print and use the tools provided within this Portal for you to promote your FUNDrive event(s), subject to the terms and conditions set forth herein, solely in connection with your fund drive. Any other uses are prohibited. Except for the foregoing, the Materials and all other content on this Portal may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in whole or in part, in any way. You will ensure that no copyright or trademark notice contained on any website page of the Portal, on any Materials, or on any other content obtained from the Portal will be edited or deleted.
You will have the opportunity to submit content to the Portal, including details of your event, photos, and other content ("User Submissions"). User Submissions remains Your intellectual property. By posting content on our Portal, you expressly grant Savers a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Savers shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. You are prohibited from using the Portal to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or "spam" to any user of the Portal is expressly prohibited by this Agreement.
Right to Takedown Content.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate any prohibitions or any applicable agreements, rules or policies linked to in this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Portal and/or the immediate removal of all or part of Your materials from the Portal at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. Without limiting the foregoing, we shall also have the right to remove any material that we find to be objectionable.
Accuracy of Information
The information on the Portal may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Portal, including without limitation the results you obtain from using any tools offered on the Portal.
Disclaimer of Warranties
YOUR USE OF THIS PORTAL IS AT YOUR OWN RISK. THIS PORTAL AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THIS PORTAL ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAVERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAVERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PORTAL WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH PORTAL OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
SAVERS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS PORTAL OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS PORTAL, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SAVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SAVERS) ASSUME THE ENTIRE COST OF ALL NECESSARY REPLACEMENT, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING FROM YOUR USE OF THE MATERIALS OR THE PORTAL. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You are prohibited from using any services or facilities provided in connection with this Portal to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Savers reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Change to Portal
Savers reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Portal (including without limitation any Materials or other content thereon) and/or any software, facilities and services on this Portal, with or without notice, and/or to establish general guidelines and limitations on their use.
You agree to indemnify and hold harmless Savers, and their respective officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, arising out of any claim whatsoever, whether or not groundless, which may arise, directly or indirectly, by reason of your use of the Portal and/or resulting from your breach of any of the foregoing provisions.
In operating the Portal, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Portal. Savers has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Portal. Savers has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Savers or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Portal infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is LegalAdmin@Savers.com.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Portal that you claim is infringing, with enough detail so that we may locate it on the Portal;
3. A 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you have any questions, please reach out to FUNDrive Support at email@example.com.