YouthGive

Terms & Conditions of Use

Last Updated December 8, 2006

WELCOME TO THE WWW.YOUTHGIVE.ORG WEBSITE (“YOUTHGIVE.ORG”), WHICH IS OPERATED BY YOUTHGIVE LLC (“YouthGive”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. THEY GOVERN THE USE OF YOUTHGIVE.ORG BY ALL INDIVIDUALS, EXCEPT FOR THOSE TERMS THAT EXPRESSLY APPLY TO YOUTHGIVE.ORG GIVING ACCOUNT HOLDERS (“GIVING ACCOUNT HOLDERS”) ONLY. BY USING YOUTHGIVE.ORG, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE MODIFIED BY YOUTHGIVE FROM TIME TO TIME AND POSTED ON YOUTHGIVE.ORG. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE YOUTHGIVE.ORG. ANY VIOLATION OF THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, COPYRIGHT INFRINGEMENTS, MAY SUBJECT YOU TO IMMEDIATE TERMINATION OF YOUR RIGHT TO USE YOUTHGIVE.ORG AND/OR ACCESS TO OR USE OF YOUR GIVING ACCOUNT.

By using YouthGive.org, you agree as follows:

1. User Content Warranties.

1.1 If you are visiting the YouthGive.org, you represent, warrant, and covenant that you are not prohibited by any federal or state law from using this website due to age restrictions; that you have no right to upload, post, or transmit or otherwise publish any content or materials on YouthGive.org unless you are registered as a Giving Account Holder, as defined in Section 1.2 below and otherwise described in the Giving Account Holder Agreement; and that if you are the child of a Giving Account Holder under the age of thirteen (13), you have no right to upload, post, or transmit information, except in groups, chat boxes, blog, and/or other portions of YouthGive.org that are accessible only to family members authorized by the Giving Account Holder or by YouthGive for purposes of administering this website.

1.2 If you are an individual registering or registered for a Giving Account (the “Giving Account Holder”), you represent, warrant, and covenant that:

1.2.1 You are at least eighteen (18) years old, and that any access you provide to anyone less than thirteen (13) years of age will be limited to groups, chat boxes, blogs, and/or other portions of YouthGive.org that are accessible only to authorized members of your family and to YouthGive for purposes of administering this website; and

1.2.2 You will not upload, post, or transmit to or distribute or otherwise publish through any Giving Account Holder’s group, chat box, blog, and any other portion of the YouthGive.org website accessible to a Giving Account Holder (“Giving Account Holders’ Sections”) any content or materials that: (i) restrict or inhibit any other user from using and enjoying YouthGive.org; (ii) are unlawful, or which YouthGive deems to be threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, bigoted, hateful, racially offensive, pornographic, profane, sexually explicit, indecent, or harmful to minors; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iv) violate, plagiarize, or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, trojan horse, or other harmful component; (vi) contain any information, software, or other material of a commercial nature; (vii) contain advertising of any kind; (viii) misrepresent your identity or affiliation with any person or entity, or constitute or contain false or misleading indications of origin or statements of fact; (ix) constitutes antisocial, disruptive, or destructive acts, including but not limited to “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet.

2. User Content Disclaimer.

YouthGive does not and cannot review all Information published in and/or provided to YouthGive.org by Giving Account Holders, and YouthGive is not in any way responsible for any such Information. However, YouthGive reserves the right at all times: (1) to review such Information as YouthGive in its sole discretion determines is appropriate; (2) to disclose any information as necessary to satisfy any law, regulation, or government request; and/or (3) to edit, refuse to post, and/or remove any information or materials, in whole or in part, that in YouthGive's sole discretion are objectionable or in violation of any of these Terms of Use.

3. Copyrights and Other Intellectual Property.

Except as expressly otherwise stated in YouthGive.org, all information, documentation, and other content (collectively the "Information") published in YouthGive.org are the property of YouthGive. Without limiting the foregoing, the graphics, icons, organization, arrangement, and overall appearance of YouthGive.org are also the property of YouthGive. The posting of Information by YouthGive does not constitute a waiver of any of YouthGive's proprietary rights in such Information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright, trademark, and other laws and conventions, both as individual works and as a collective work and/or compilation. You may not sell, reprint, republish, copy, upload, post, transmit, or distribute in any form or media, the Information or any portion thereof without the prior written consent of YouthGive, except that you may download one copy of the materials on a single computer for your own personal non-commercial use only, provided that you (1) keep intact all copyright and other proprietary notices, (2) make no modifications to the materials, (3) do not use the materials in a manner that is inconsistent with YouthGive’s tax-exempt charitable and educational mission, and its initiatives, products, services, or brands, and (4) do not download quantities of materials to a database that can be used to avoid future downloads from YouthGive.org. The use of any YouthGive.org material on any other Website or computer environment is prohibited, unless you obtain prior written permission from YouthGive to do so. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Information on YouthGive.org.

"YouthGive™" and “YouthGive.org™” are trademarks and service marks of YouthGive and/or its respective licensors or cooperating organizations, as are all slogans, logos and other marks claimed on YouthGive.org or in other publications of YouthGive. All other trademarks, service marks, and logos used in YouthGive.org are the trademarks, service marks, or logos of their respective owners.

If you are a Giving Account Holder, you hereby expressly assign to YouthGive all copyright, trademark, patent, rights of privacy or publicity, moral rights, and/or any other proprietary rights that you hold with respect to Information that you have published or will publish in the Giving Account Holders’ Sections; and you agree to indemnify and hold YouthGive harmless for any violation, plagiarism, or infringement of the copyright, trademark, patent, rights of privacy or publicity, moral rights, and/or any other proprietary rights belonging to third parties, resulting from a Giving Account Holders’ posting of Information on the Giving Account Holders’ Sections.

4. Submissions to and Use of YouthGive.org.

YouthGive is pleased to receive communications from Giving Account Holders of YouthGive.org, and welcomes your comments regarding our initiatives and services. However, our policy does not allow us to accept or consider creative ideas, submissions, or materials other than those that we have specifically requested or have accepted from individuals in conjunction with their participation as Giving Account Holders (see <Giving Account Holder Agreement> for more details). The intent of this policy is to avoid the possibility of future misunderstandings if products or services developed by YouthGive appear to be similar to others’ creative work.

Only those users who are at least eighteen (18) years of age are invited to establish a Giving Account at the YouthGive.org site. For all submissions of Information or other content by you (including but not limited to posting messages, uploading files, inputting data, participating in forums, or engaging in any other form of communication to or through YouthGive.org), whether solicited or unsolicited by YouthGive, you grant YouthGive and its respective affiliates and sublicensees a nonexclusive, royalty-free, perpetual, irrevocable, global, and fully sublicensable license and right to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, transmit, sublicense and display or publish such content or any concept described in it in connection with YouthGive.org, and in any media or product, now known or hereafter developed, without compensation, restrictions on use, acknowledgement of source, accountability or liability. You hereby waive all rights to any claim against YouthGive for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. The content of and provision of information on YouthGive.org may be subject to international, national and local laws and restrictions. You agree to comply with all applicable laws and regulations regarding YouthGive.org, including without limitation in regard to the transmission of Materials, information and data. See Section 5 below for specific terms and conditions regarding Personal Contributions.

5. Use of Personal Contributions.

Without limiting the foregoing, YouthGive reserves the right to use the voice, recording, and/or writing (“Personal Contributions”) of any Giving Account Holder, or any individual whom a Giving Account Holder has permitted to access his or her Giving Account, who publishes Personal Contributions at YouthGive.org, voluntarily submits Personal Contributions to YouthGive, or consents to YouthGive’s acquiring and/or preserving his or her Personal Contributions, in any way that YouthGive believes is proper, in any place throughout the world, for any purpose, including but not limited to, copying, displaying, sending, or giving Personal Contributions to anyone else in the world, owning the copyright in and to the Personal Contributions (except for an individual’s name), and using the Personal Contributions in any form of media that now exists or may exist in the future, without ever having to compensate the creator or subject of the Personal Contributions, so long as YouthGive determines that doing so supports or benefits the purposes of YouthGive. YouthGive’s rights to Personal Contributions encompass any photo, film, or image that YouthGive has taken of a Giving Account Holder or a voluntarily submitting or consenting Visitor, any recording that YouthGive has made of a Giving Account Holder or a voluntarily submitting or consenting Visitor, and any information disclosed to YouthGive in the course of an interview for YouthGive publications, applying for Giving Account Holdership in YouthGive.org or participation in YouthGive programs, or in the course of participating in an YouthGive program.

6. Links to Other Websites.

Links may be established between YouthGive.org and one or more websites operated by or have content provided by YouthGive and/or third parties from time to time. YouthGive has no control over any third party’s websites or the contents of such websites and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement by YouthGive of such websites, their contents, or the operators of such websites. Your linking to or visiting of any other websites is strictly at your own risk.

7. Non-Confidentiality of Communications.

If you send a message to YouthGive.org, you hereby grant to YouthGive the right to read, use, distribute, disclose, and otherwise handle the communications as YouthGive deems appropriate in their sole judgment. You are hereby advised that no facilities are provided by YouthGive.org for sending or receiving confidential communications.

8. No Warranties; Limitation of Liability.

Although YouthGive attempts to provide useful Information, YouthGive does not guarantee that the Information is accurate, current or suitable for any particular purpose. YouthGive assumes no obligation to update or continue to post the Information. YouthGive shall not be liable for any inaccuracies, delays or failures to update Information or provide notice when such Information has been updated, nor responsible for any loss or damage that is caused by your reliance on any Information contained on YouthGive.org. Any usage of or reliance on any Information contained on YouthGive.org shall be solely at your own risk. YouthGive does not guarantee that access to YouthGive.org will be uninterrupted, that YouthGive.org will be free of viruses or that YouthGive.org cannot be tampered with by third parties.

YOUTHGIVE.ORG AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUTHGIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN YOUTHGIVE.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT YouthGive.org OR ITS SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUTHGIVE DOES NOT WARRANT OR MAKE ANY REPRSENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON YOUTHGIVE.ORG IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY USE OF YOUTHGIVE.ORG AND THE INFORMATION IS AT THE USER'S SOLE RISK. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN NO EVENT WILL YOUTHGIVE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUTHGIVE.ORG, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN YOUTHGIVE.ORG OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF YOUTHGIVE IS INFORMED AND/OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH YOUTHGIVE.ORG AND/OR THE INFORMATION IS TO STOP USING THE SITE AND THE INFORMATION. APPLICATION OF LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL YOUTHGIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO YOUTHGIVE.ORG.

9. Modification of Agreement.

YouthGive reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time, by posting notice of such modification on this page or another page of this site entitled "Terms and Conditions", "Terms of Use," "Legal Notices," or similar title. You agree that you will periodically review the Terms of Use to be aware of any such revisions. If any revision is unacceptable to you, you agree to stop accessing YouthGive.org. Your continued use of YouthGive.org following such notification of any such revision(s) shall be conclusively deemed as acceptance of and agreement to abide by all such revisions.

10. Indemnification.

You agree to indemnify, defend, and hold YouthGive, and its directors, officers, employees, and agents, harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to your breach of these Terms of Use or use of this web site. YouthGive reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. No Representation Regarding Local Laws.

YouthGive makes no representation that the Information on YouthGive.org is appropriate or available for use in any particular location. Those who choose to access YouthGive.org do so on their own initiative and are responsible for compliance with local laws, if and to the extent that any local laws are applicable.

12. Governing Law, Conflict Resolution, Venue, and Jurisdiction.

The YouthGive.org website is created and controlled by YouthGive in the State of California, United States of America. As such, the laws of the State of California shall govern the interpretation, construction, and enforcement of these Terms of Use, notwithstanding any state or country’s choice of law rules to the contrary. All parties recognize that conflicts or disputes may occasionally arise. If any dispute cannot be resolved in private meetings, the parties agree, as an alternative to litigation, to enter mediation and, if mediation is unsuccessful, legally binding arbitration in accordance with the rules of the American Arbitration Association as set forth at http://www.adr.org. The parties agree that any arbitration award may be entered in any court having jurisdiction over the subject matter or parties. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of these Terms of Use or the subject matter hereof, and expressly waive their right to file a lawsuit or claim against one another for such disputes, except to enforce an arbitration decision. This provision shall survive termination of these Terms of Use. In the event that litigation arises notwithstanding the binding arbitration provision in these Terms of Use, litigation may be maintained only in the United States District Court for the Northern District of California (or any successor jurisdiction) located in San Francisco, California, or in a California state court in Marin County, and each party hereby irrevocably consents and submits to the jurisdiction and venue of that United States District Court or state court and irrevocably waives any objection the party may have based upon improper venue, forum non conveniens, or other similar doctrines or rules. If any provision of these Terms of Use is determined to be invalid, void, unenforceable, or inoperative by any tribunal or officer having jurisdiction hereof, or by operation of applicable law, the remaining provisions of these Terms of Use shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

13. Privacy Policy.

YouthGive's <Privacy Policy> discloses certain privacy obligations applicable to YouthGive.org, as well as how YouthGive.org uses "cookies" and endeavors to secure any on-line data posted on or to YouthGive.org and to prevent unauthorized access or improper use of any personally identifying information that you provide to YouthGive.org. The terms of YouthGive.org's <Privacy Policy> are incorporated into these Terms of Use by this reference.

14. Entire Agreement.

These Terms of Use (along with the <Privacy Policy>, any other rules and guidelines posted on YouthGive.org, and, as applicable for all Giving Account Holders of YouthGive.org, the <Giving Account Holder Agreement>) constitute your complete and final statement of the parties’ agreements and understandings relating to the subject matter of these Terms of Use and the use of YouthGive.org, and supersede any related prior agreements or understandings, whether written or oral, and all other communications between the parties relating to these Terms of Use and the use of YouthGive.org.