Terms and Conditions
USE OF THE SITE
The materials provided on the Site, including but not limited to information, documents, articles, images, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“Site Content”) are provided either by the Foundation or by its service providers and may be copyrighted. The Foundation grants you a non-exclusive, revocable, limited license to view and use the Site and the Site Content for personal, non-commercial purposes.
Permission from the Foundation must be obtained before any Site Content is copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except in connection with the following permitted uses (“Permitted Uses”): (1) learning about nonprofit organizations for purposes of evaluating them as potential recipients of personal charitable donations; (2) investigating nonprofit organizations for purposes of providing goods or services to them or entering into other business relationships with them; (3) conducting comparative or other “best practices” research purposes; and (4) reproduction of information, by individuals and organizations who currently have one or more funds at the Foundation, regarding such fund(s) for the purpose of public information, the grantee selection process or similar uses; (5) reproduction and aggregation of information for use by the Foundation’s Donor Edge funding partners for the purpose of conducting comparative or other “best practices” research purposes or to inform the the grantee selection process, community engagement programs or similar uses;. And (6) to respond to information requests from third-parties that are consistent with the purposes of the DonorEdge license and which, at the Foundation’s discretion, may be available on a fee for services basis. Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice: “© 2008 by The Community Foundation Serving Richmond and Central Virginia. Reprinted with permission from The Community Foundation Serving Richmond and Central Virginia, (date).” For our references, we request a copy of the material in which our information is used.
NO UNLAWFUL OR PROHIBITED USE
While using the Site, you may not:
• restrict or inhibit any other user from using or viewing the Site;
• use the Site for the benefit of any third party, other than in connection with a Permitted Use;
• republish, distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Site Content, or any derivative works with respect thereto, without prior written consent by the Foundation;
• disassemble, decode, decompile or otherwise reverse engineer the Site or the Site Content or any interfaces or software programs comprising the same;
• use any data mining, robot, spider, scraper, or other automated means to access the Site or the Site Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
• take any action that would impede or interfere with the operation of the Site or the Site Content or materially alter the contents of the Site or the Site Content without the consent of the Foundation; or
• transmit to the Site any information or software that contains a virus, Trojan horse, worm, or other harmful component.
DONATIONS MADE THROUGH THE "DONATE NOW" WIDGET
To the extent that you make any donation through the "Donate Now" widget on the Site, you represent and warrant that: (1) you are at least 18 years of age; (2) you possess the legal authority to create a binding legal obligation; (3) all donations made by you are made on behalf of yourself or on behalf of another person for whom you are legally authorized to act and are irrevocable; and (4) all information supplied by you is true, accurate, current and complete. Kimbia, Inc. (“Kimbia”) is acting only as the agent to those who are making donations through the Site and is an independent contractor for such purposes. Kimbia does not have control of or liability for the donations that are made through the Site. If you do not receive an email confirming your donation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with the Foundation whether or not the order has been placed because you may be the only person aware of any problems that may occur during the purchase process. Kimbia and the Foundation will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you did not receive confirmation. You will be responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Foundation, Kimbia, or any other third party caused by or arising out of your breach of this agreement, and you agree to reimburse Kimbia for any all such liability. The Foundation is not responsible for your activities or the activities of Kimbia in completing donation transactions.
CONTENT SUBMISSION GUIDELINES
Any party posting information represents that he or she is the sole owner of all rights in such materials, including copyrights, or has the right to use and license the use of such materials. The posting party agrees that the Foundation may use in any manner and without limitation all such posted materials, that all such materials will become a part of the Foundation database, and the Foundation will own all content that it creates based upon or incorporating such material. The posting party hereby grants to the Foundation and its representatives and agents a perpetual, worldwide, irrevocable right and license to use, reproduce, display, publish, perform, modify and distribute such materials and any portion or derivative work thereof, with the right to assign and sublicense, without any obligation of compensation, credit or attribution to the posting party.
Please note that you are solely responsible for the documents you upload to the Site. You are advised not to upload Schedule B (List of Contributors) with the Form 990 for any public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. The Foundation reserves the right to refuse any document. In addition, the Foundation has the right to remove or disable any document at any time for any reason.
Unless otherwise specifically indicated, the presence of information on the Site regarding any nonprofit organization does not mean that the Foundation endorses or supports that organization. The information provided on each profile is provided by the nonprofit organization itself. The Foundation does not guarantee the accuracy of any such data or make any representations or warranties with regard to any organization profiled in this database. An organizational profile, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, the Foundation will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact the Foundation.
NO FINANCIAL, LEGAL OR TAX ADVICE
The information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.
The Foundation may, in its sole discretion, accept advertising on the Site. However, the Foundation makes no representations or warranties of any kind, whether express or implied, regarding any of the advertisements located on the Site. You agree that each advertiser, and not the Foundation, is responsible for the accuracy and content of its advertisements. Any dealings that you have with advertisers found on the Site are between you and the advertiser. Therefore we recommend that you undertake your own due diligence before entering into any agreement with an advertiser. You acknowledge and agree that we will not be liable for any loss or claim you may have against an advertiser whether arising out of such advertiser’s content, services or products. If you decide to use third-party services, you are responsible for reviewing and understanding the terms and conditions governing any third-party services. You agree that the third party, and not the Foundation, is ultimately responsible for the performance of the third-party services and/or the provision of the third-party products.
LINKS TO OTHER SITES
COPYRIGHT AND TRADEMARK PROTECTION
Notice and Takedown Request
The Foundation respects others’ intellectual property rights. However, the Site contains information from third-party sources. If you believe that your copyright interests are being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to the Foundation’s Copyright Agent at email@example.com (via electronic mail) or 7501 Boulders View Drive, Suite 110, Richmond, VA 23225. (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any content that you previously submitted to the Site which was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to the Foundation’s Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Foundation’s Copyright Agent, the Foundation may send a copy of the counter-notice to the original complaining party informing that person that the Foundation may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Foundation’s sole discretion.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE FOUNDATION, ITS AFFILIATES, PARTNERS OR ITS SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THIS WEB SITE OR CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY.
SPECIAL JURISDICTIONAL ISSUES
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 MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH READS: “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.”
TERMINATION OF YOUR USE OF THE WEB SITE
GOVERNING LAW; LOCATION OF LAWSUITS
LICENSES AND RELEASE BETWEEN THE FOUNDATION AND PROFILED AGENCIES
MODIFICATIONS TO THE SITE
The Foundation reserves the right, for any reason and without notice, in its sole discretion, to change, modify, add, suspend, remove, discontinue or terminate access, in whole or in part, to the Site or any aspects of the Site at any time. The Foundation further reserves the right to impose registration, password and other securities precautions on access to certain portions of the Site at any time.