1.2 Account Responsibilities. You are fully responsible for maintaining the confidentiality of your goodcircle Account login information and for all activities that occur under your goodcircle Account, including without limitation the use of your goodcircle Account by members of your household or anyone else. You agree to immediately notify goodcircle of any unauthorized use, or suspected unauthorized use of your goodcircle Account, or any other breach of security by sending an e-mail with “Unauthorized Use” in the subject line to email@example.com. goodcircle will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Content and Communications.
2.1 Content. The Site may contain content that has been provided by third parties and over which goodcircle has no control, including, without limitation, information and materials provided by users, charities, for-profit entities, advertisers or other third parties. The use, posting, distribution or publication of such content on the Site does not constitute or imply an endorsement, recommendation, advice, opinion or comment by goodcircle nor is it an assurance of legality, quality or safety by goodcircle. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance place on such content by you or any user of the Site, or by anyone who may be informed of its contents.
2.2 Third Party Sites. Without limiting anything set out in Section 2.1 above, the Site may contain links to third party websites, services, and advertisements, including, without limitation, websites hosted by featured charities or for-profit businesses (collectively, “Third Party Sites“). Third Party Sites are not under the control of goodcircle and we assume no responsibility for any content or materials on or available from Third Party Sites. Your access to, and use of, all Third Party Sites is at your own risk. When you visit Third Party Sites, the terms, conditions and policies of such Third Party Site apply to your use thereof, including privacy policies and terms of service.
3. Intellectual Property Rights.
3.1 Ownership of the Site. The contents of the Site, including, without limitation, the compilation and arrangement of text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed, web service feed or other web feed or other content or software used in or provided through the Site (the “Site Material“), are the exclusive property of goodcircle, our licensors, or other content suppliers and are protected by copyright under both United States and foreign laws. Unauthorized use of the Site Material may violate copyright, trademark, and other laws. Our provision of the Site does not transfer to you or any third party any right, title or interests in or to the Site Material, including, without limitation, any copyrights, patents, trademarks, trade secret or other intellectual property rights therein.
3.2 Trademarks. The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks“) used in the Site are owned by goodcircle and others. No license or right to use any Marks contained in the Site is granted, whether by implication or otherwise, and any use of any Marks contained in the Site is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.
3.3 Notice for Claims of Intellectual Property Violations and Agent for Notice. If you believe in good faith that any material in the Site infringes your copyright, you (or your agent) may send goodcircle’s agent for notice of claims of copyright or other intellectual property infringement (“Agent“) a written notice requesting that goodcircle remove or block access to the infringing material. Your notice to goodcircle must include the following information:
(1) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
(3) a description of where the material that you claim is infringing is located with sufficient detail (including applicable URL if possible) that goodcircle may find it;
(4) your address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(6) information, if possible, sufficient to permit goodcircle to notify the owner/administrator of the allegedly infringing content; and
(7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA“) permits you to send goodcircle a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent: Moses & Singer, 405 Lexington Ave, New York, NY 10174
4. Donations and Fees.
4.2 Tax Deductions. goodcircle makes no representation or warranty as to whether all or any portion of your donations are tax deductible. goodcircle will have no liability for any claim by any federal, state, local or other tax authority with respect to the characterization on any applicable tax return of any donation by you through the Site.
4.3 Fees. You understand that credit card processing fees and other transaction fees will be deducted from donations made to projects on the Site, as determined between goodcircle and the applicable charity.
9. Limitation on Liability.
9.2 ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. IN THE EVENT YOU TRANSMIT, INTRODUCE OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTIONS” INCLUDE DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE.
9.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF US (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50) AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11.1 International Access. Access to the Site may not be legal by certain persons, or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located.
© 2016 goodcircle LLC. All rights reserved.