User Agreement for Access to the Givalike.org, LLC Website
Givalike, LLC ("Givalike") requires that any visitor ("User") to its World Wide Websites ("Website") adhere to the following rules and regulations. By accessing any Website, User indicates User’s acceptance of and agreement to these terms and conditions ("Terms"), as amended from time to time by Givalike.
General Disclaimers
Givalike may enter into separate contractual agreements ("Agreement") with regard to the use of this Website and/or applications hosted on this Website. In case of conflict between these Terms and any Agreement, the Agreement shall have precedence.
This Website, including all software, functions, materials, and information, and any products or services made available through this Website, are provided "as is" without warranties of any kind, either express or implied, unless otherwise expressly stated herein or via Agreement. Givalike disclaims all warranties express or implied, including but not limited to warranties of quiet enjoyment and non-infringement, as well as any implied warranties of merchantability or fitness for a particular purpose as to any computer programs, or the design or informational content of the Website.
Givalike does not warrant or make any representations regarding operation of the Website. Givalike does not warrant or make any representation regarding the validity, accuracy, or reliability of the results of the use of the materials on the Website or any other World Wide Web resource or Website linked to this Website. The materials on this Website may be out of date, and Givalike makes no commitment to update the materials on this Website.
Givalike does not warrant that the Website, materials, or service will be uninterrupted or error free or that any defects in the Website or any element thereof will be corrected.
In no event shall Givalike, its agents or affiliates, or any third parties mentioned within the Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from or arising out of the use or inability to use the website and the materials contained therein; all whether based on contract, tort, or any other legal theory, and whether or not Givalike is advised of the possibility of such damages.
User Content
This Website may allow User to post information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other materials (collectively "Content") to the Website. The User understands that all Content and the consequences of posting Content is the sole responsibility of the User.
The User understands that by accessing this Website, the User may be exposed to Content that may be offensive or objectionable to the User. Givalike may, but is not obligated to, review any Content and, in its sole discretion, may without notice block or remove Content from this Website. However, failure to block or remove any Content is not an endorsement, warranty, representation, or guarantee regarding such Content.
The User represents and warrants that Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
By posting, uploading or otherwise distributing the Content on this Website, User hereby grants (and represent and warrant that the User has all necessary rights to grant) to Givalike a perpetual, sublicenseable, transferable, non-exclusive, royalty free, license to all User’s rights to the Content for all purposes, including but not limited to use, copy, reproduction, modification, adaptation, publication, edit, translation, create derivative works from, transmission, distribution, display, perform, or derive revenue or other compensation from such Content and incorporate such Content into other works in any form, media or technology.
By providing Content to this Website, the User hereby permits Givalike to identify the User as the provider of such Content in any form, media and technology. The User may revoke this license in regard to the right to display the Content by removing the Content from this Website.
User agrees that Givalike has no liability or responsibility for the storage or deletion of any Content that User submits or posts through the Websites.
Acceptable Use
User may access and use the Website for User’s personal, non-commercial use in connection with
Givalike services. The Website may not be accessed or used by the User in connection with any other
endeavors -- commercial or otherwise -- except as previously approved in writing by an authorized
representative of Givalike. User access and use of the Website and participation in Givalike services
shall be in strict compliance with this Givalike Terms & Conditions, Privacy Statement, all other
procedures and guidelines set forth on the Website and as part of Givalike services, as well as
applicable law. You may not use the Website in any manner that could damage, disable, overburden or
impair the Website or software, systems or equipment of Givalike, any User, or any other person.
You may not engage in advertising to, or solicitation of, any User, or any other person to buy or
sell any products or services through the Website. You may not transmit any chain letters, junk email
or "spam" to any User or any other person. Givalike reserves all rights to investigate and take
appropriate legal action (including, without limitation, civil, criminal and injunctive redress)
against any illegal and/or unauthorized uses of the Website or exploitations of the Givalike services,
including collecting or harvesting (whether or not by automated scripts) the name, email address or any
other personal or confidential information of any User or any other person by electronic or other means
for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized
framing of or linking to the Website.
The information, ideas, or opinions posted by Users on this Website do not necessarily reflect Givalike’s views. Givalike does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users. In addition, Givalike is not liable for any claims, damages or losses resulting from such information, ideas, or opinions. When posting Content on this Website, the User agrees that the User will not:
- Disobey any copyright, trademark, patent, or trade secret without the authorized consent of its owner
- Disregard another user’s right to privacy
- Post any Content that could be harmful to this Website or other Users’ personal devices
- Be obscene or offensive
- Be menacing, harassing, or disparaging
The User is required to utilize the Website and its services in a responsible and legal manner. The User must not misrepresent the User’s identity or User’s affiliation with any other person or organization. In addition, the User agrees to comply with all applicable local, state and federal laws, statutes and regulations regarding the use of this Websites and its services.
Links
On the Website, Givalike may include links to World Wide Websites or resources for User convenience, which are not created or controlled by Givalike ("Linked Websites"). Givalike does not endorse or accept responsibility for any such Linked Website or resource User may access through Givalike’s Website. Linked Websites are wholly independent from Givalike; as a result, Givalike has no control over any products, services, materials, or other information contained in or available through these third-party websites. The quality and dependability of these third-party websites may vary as they are updated or altered. Therefore, access to any third-party websites through Givalike’s Website, regardless of whether the third-party website is a Linked website or not, is entirely at the User’s own risk.
Indemnity
User agrees to indemnify and hold Givalike, its agents, affiliates, and assigns, harmless from and against any and all claims, losses, liability, cost, or expense (including but not limited to reasonable attorney’s fees) relating to or arising from: 1) the violation or breach of these Terms and Conditions; 2) violation or infringement of any third-party’s rights, including but not limited to copyrights and proprietary and privacy rights, resulting from User’s breach of these Terms and Conditions; or 3) any violation of applicable federal, state, or local law, regulation, or ordinance resulting from User’s breach of these Terms and Conditions.
Trademark Information
"Givalike", the "Givalike" logo and other Givalike graphics, logos, designs, page headers, button icons,
scripts, names and branding are trademarks, service marks or trade dress of Givalike (“Givalike Marks").
Givalike Marks may not be used, including, without limitation, as part of trademarks or domain names, in
connection with any product or service in any manner that is likely to cause confusion and may not be
copied, imitated, or used, in whole or in part, without the prior written permission of Givalike.
Givalike or its licensors own and retain all proprietary rights to the Website and all content, material
and information posted, uploaded, transmitted or otherwise shared by Givalike thereon (collectively,
"Content"). The Website contains the copyrighted material, trademarks and other proprietary information
of Givalike and its licensors.
Copyright and Ownership of Materials
Except where otherwise noted, all materials, software, and information on the Website, as well as any unique visual or functional elements of the Website, are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, uploaded, posted, transmitted, or distributed in any way, in whole or in part, without Givalike’s prior written permission.
Additional General Terms
Users are encouraged to utilize this Website, but must recognize that its content is protected by international copyright, trademark and other intellectual property laws and may not be mirrored, redistributed, printed, publicly performed or displayed, reproduced in bulk, or archived without advance written permission. Access to the Website may be blocked without notice to subnets violating these Terms of Use or otherwise at the discretion of Givalike.
This Website was created, and is maintained, in the State of California, United States of America. Givalike makes no claims that the materials contained on the Website are appropriate or may be downloaded outside of the United States. Access to the Website and the materials therein (including software) may not be legal by certain persons or in certain countries. If User accesses this Website from outside the United States, that access is made at User’s own risk. User is responsible for compliance with the laws of User’s jurisdiction.
Use of the Website, the Terms and Conditions of use, and all other aspects of the operation and functionality of the Website shall be governed by and construed under the laws of the State of California, without giving effect to its rules regarding conflicts of laws. Givalike and User hereby irrevocably consent to the jurisdiction of the courts located in California for any action, claim, or cause arising out of or related to the use of the Website and any products or services obtained through the Website. If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not impair the validity of the remaining Terms and Conditions. No waiver of any provision of the Terms and Conditions shall be deemed a further waiver of any other provision thereof.
This product includes GeoLite data created by MaxMind, available from http://www.maxmind.com.
Severability
Givalike Terms & Conditions, accepted upon User’s access and use of the Website contains the entire
agreement between you and Givalike regarding the use of the Website and Givalike services. Givalike
Terms & Conditions may not be orally amended. If any provision of Terms & Conditions is held invalid,
the remainder of this Terms & Conditions shall continue in full force and effect.
Contact
page with any questions regarding Terms & Conditions.