Terms of Use

Last updated on May 24, 2012

 

Acceptance Of Terms Of Use

By using the CharityVillage Site, or any of the products or services (collectively, the "Services") available on the CharityVillage Site, including Services offered on a payment basis (each a "Pay Service"), you agree, without limitation or qualification, to be bound by these terms and conditions (the "Terms and Conditions") and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of the CharityVillage Site or Service, all as may be modified by CharityVillage from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the CharityVillage Site or any of the Services on the CharityVillage Site and must terminate any applicable Pay Services Agreement.

 

Registration, Accounts And Passwords

Certain of the Services and related material, software, information, data and other content made available on the CharityVillage Site ("Content") may require registration or paid membership. Should you choose to register or purchase a membership for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or membership process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or membership on the CharityVillage Site, and (b) all activities that occur, including transaction effected, under such password or account. Further, you agree to notify CharityVillage of any unauthorized use of your password or account. CharityVillage will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

 

Accounts Are Individual, Not Organizational

When you create and manage your registration, it is an individual account, not an account on behalf of any organization with which you are affiliated. You may acknowledge that your represent an organization, but please use your own name in the 'First Name' and 'Last Name' fields. Accounts that appear to have inaccurate individual information will be suspended immediately.

 

Restrictions On Use Of Materials

All Content available on the CharityVillage Site, including the manner in which such Content is presented, and the Services are: Copyright © CharityVillage Ltd. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. CharityVillage and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the CharityVillage Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content. 

 

Trademarks

CharityVillage, CharityVillage.com and Village Caritas and all associated designs and logos are trademarks of CharityVillage Ltd. All other product, brand and company names and logos used or mentioned on the CharityVillage Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the CharityVillage Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

 

Submission of Articles and Content

The website may provide features that allow you to post messages and content, to interact with CharityVillage Ltd. and other users and to upload files, documents or other materials (collectively, Articles and Content Submissions). When using any of the features of the website which allow you to post, upload or make Article and Content Submissions, it is a condition of your use of the website that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the website, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of CharityVillage Ltd. imposes an unreasonable or disproportionately large load on CharityVillage Ltd. website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Article and Content Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Article and Content Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner; (v) post or submit any Article and Content Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Article and Content Submission
which contains a virus or other harmful component, or provides or creates computer viruses; or (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam.

You also agree not to post Submissions that: (i) do not comply with the Canadian Human Rights Act or applicable provincial human rights legislation; (ii) do not comply with relevant provincial Employment Standards legislation; (iii) seek to recruit employees, volunteers, interns, representatives, agents, or other associates for any franchise, pyramid scheme, distributorship, multi-level marketing arrangement, sales agency arrangement or other business or employment opportunity which makes employment or consideration conditional upon the payment of any fee or the purchase of goods or services; (iv) seek to attract volunteers who must pay a training or participation fee, unless the amount of the training fee is clearly stated and the fee is payable only after the individual has been accepted to participate; or (v) seek to recruit a provider of personal services for an individual.

By posting or uploading Submissions to the website, you grant CharityVillage Ltd. a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Article and Content Submission for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of CharityVillage Ltd.; (ii) consent to your name, address and e-mail appearing as the contributor of any Article and Content Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with an Article and Content Submission; (iii) acknowledge and agree that CharityVillage Ltd. is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Article and Content Submission you provide for display on the website will be considered non-confidential.

 

Prohibited Submissions

Users may only post job listings and requests for proposals (RFPs), or links to such opportunities, in the paid Jobs section of CharityVillage.

With the exception of links to job postings within the Jobs section of CharityVillage, users may not post job listings, RFPs, or links to job openings in any other area of the website.

 

No Advice

The information contained on the website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial or other advice to you, and you should not rely upon the information to provide any such advice.

 

Disclaimer Regarding Search Content

Any and all pictures, sounds, sound effects, sound recordings, graphics, video, audio-visual works and any other works (the "Multimedia Content") located through the CharityVillage Site's search services are protected by copyright and/or other intellectual property laws. CharityVillage does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the CharityVillage Site, all of the Multimedia Content contained on such sites is owned and served by entities other than CharityVillage. CharityVillage provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the CharityVillage Site's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content. 

Monitoring

You acknowledge that CharityVillage has no obligation to monitor the CharityVillage Site or any content accessible through the CharityVillage Site or any of the Services. However, you agree that CharityVillage has the right to monitor the CharityVillage Site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate the CharityVillage Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

Modifications

For users of CharityVillage other than in relation to Pay Services Agreements, CharityVillage reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the CharityVillage Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of CharityVillage and any of the Services immediately. Your continued use of the CharityVillage Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, CharityVillage reserves the right to change, modify, suspend or discontinue any aspect of the CharityVillage Site, Services or Content from time to time without notice or liability and for any reason whatsoever. For users who have entered into a Pay Services Agreement, modifications to your Pay Services Agreement or these Terms and Conditions are discussed below. disclaimers set forth herein, and that the same form an essential basis of the bargain between you and CharityVillage Ltd. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services Agreement or these Terms and Conditions.

Governing Law/Jurisdictional Issues

All CharityVillage Sites and Services are controlled, operated and administered by CharityVillage Ltd. from its offices within Canada. CharityVillage makes no representation or warranty that the CharityVillage Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access the CharityVillage Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the CharityVillage Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions) below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.