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Introduction.
This
Agreement specifies the terms and conditions between visitors ("you") and
TheGooders, Ltd. ("TG") regarding the use of JGooders.com, and TG's other
sites (%u201CSites%u201D) by which you agree to be bound ("AGREEMENT"). By accessing and
using the Site, you indicate your acknowledgment and acceptance of this
AGREEMENT.
General
By using any Site,
you agree to be bound by this AGREEMENT, whether you are a visitor, NPO,
consultant or any other member.
We are
committed to protecting the privacy of any personal information you may
provide when using the Sites. Please see our Privacy Policy for details. By
accepting the terms of this AGREEMENT, you agree to abide by the terms of this
Privacy Policy.
By using the
Sites, you declare and guarantee that (1) all information you submit is
truthful and accurate; (2) you are 18 years of age or older or are acting with
parental consent and under parental supervision when using the Sites; and (3)
your use of the Site does not violate any applicable law or regulation. Your
use of the Sites may be terminated without warning if we believe you are in
violation of any of these conditions.
TheGooders
Ltd.
TG is a
corporation that aims to strengthen the global Jewish population by engaging
citizens in an online marketplace, where non-profit organizations and
charities (collectively, "NPO's"), describe their needs and individuals can
fund or volunteer in specific projects. The Sites provide you with access to
an online collection of information, materials and services related to both
TG's and various NPO's work, including texts, pictures, photographs, audio and
video, graphics, logos, marks and images (collectively, "Content"), as well as
software used in accessing the Sites, displaying the Content, and utilizing
the functionality offered through the Sites ("Software"), all of which are
subject to this AGREEMENT. Unless stated otherwise, any new Content and
Software added to the Sites and all revisions, modifications, and enhancements
to the Sites, the Content or the Software will be covered by this AGREEMENT
effective upon the date of each such addition.
The Sites
include a database containing (1) Projects of NPO's from around the world; (2)
volunteer opportunities; (3) "do good" stories; (4) social networks; and (5)
consulting information for organizations (%u201COrganization Database%u201D). The
Organization Database is available for anyone to search and
access.
The Sites
also include a database containing individual user profiles that contain (1)
interests and preferences, (2) skills of the individuals, and (3) other
relevant information submitted by individuals ("Individual Database"). If you
are an individual, you may create and submit a user profile to be stored in
the Individual Database.
AGREEMENT
About the
projects on the sites
The Sites
allow you to donate to, volunteer and raise funds for, any of the projects
listed on the Sites. All featured projects belong to NPO's that have a
contractual agreement with TG, authorizing TG to collect donations on their
behalf. NPO's are accepted as members at TG's discretion, based on criteria as
described under the "NPO Representations" section. Various NPO's may have
similar names: it is your responsibility to check that you are donating to the
organization you intended.
The
raising of funds for any of the projects listed on the Sites may be done via
the Jewish Giving Online Foundation (Foundation) or the Foundation for
Philanthropic Funds (FJC). Both the Foundation and the FJC shall have the
right to make written recommendations with respect to investments in, and
distributions from, TG. In accordance with Internal Revenue Service rules and
regulations, the Foundation and the FJC shall be the absolute owners of the
assets of TG, and shall have ultimate authority over investments of TG, the
selection of charities to receive distributions from TG, and the timing and
amounts of the distributions. The FJC will distribute funds contributed, and
income earned by TG, generally to charitable organizations described in
Sections 501(c)(3) and 509(a)(1), (2), or (3) of the Internal Revenue Code as
it now exists or as it may be amended. Both the Foundation and the FJC shall
have all of the powers necessary to carry out their purposes including,
without limitation, the following: to keep, sell, invest and reinvest the
assets contributed; to co-mingle the assets contributed for investment
purposes, and to distribute the contributed assets to organizations within the
scope of its guidelines.
Rules of
Use
We welcome
you to our Sites and we invite you to use it in accordance with the following
rules:
1. You may
use the Sites, solely for the purposes stated on the Sites and as described in
this AGREEMENT.
2. You may
make copies of relevant Content for your non-commercial use or for sharing
purposes only, provided you do not delete or change any copyright, trademark,
or other proprietary notices. Beyond that, no text, logo, graphic, sound,
image, photograph or Software published on or underlying the Sites may be
copied, modified, published or otherwise distributed or used without the prior
express written permission of TG.
3. Except as
otherwise expressly stated herein, you may not alter, modify, copy, distribute
(for compensation or otherwise), transmit, display, perform, reproduce, reuse,
post, publish, license, hyperlink to, promote, frame, download, cache, store
for subsequent use, create derivative works from, transfer, or sell any
information or Content displayed on or obtained from the Sites, in any manner,
without the prior written authorization of TG.
4. You may
not resell, decompile, reverse engineer, disassemble, or otherwise convert the
Software underlying the Sites to a human perceivable form.
5. The
information on the Sites, the design and layout of the Sites, the Content and
Software contain elements protected by trade laws, copyright, or other laws,
and may not be copied or imitated in whole or in part, except as specifically
stated on the Sites or in this AGREEMENT. All Content, Software and materials
on and underlying the Sites are copyright (c) 2008 TheGooders Ltd. or are
licensed or otherwise used by TG with permission. Except where noted
otherwise, all rights to these materials are reserved by TG or their
respective owners. "Jewish Giving Online, Inc.", the "JGooders" logo, and "Do
Good, Get More Than You Give", are trademarks and service marks of TheGooders
Ltd., which reserves all rights to its marks and logos. Individuals appearing
on the Sites do so with permission; names and photographs of individuals may
not be copied, downloaded or otherwise used.
Use of
your donation, volunteering or consulting services
TG is not
involved in the relationship between Individuals and Organizations, or
Consultants and Organizations. If you have a dispute with each other, you
understand that TG is not required to assist you in the dispute. TG is not
responsible for any dissatisfaction you may have regarding the recipient
organization%u2019s use of any donation you may make through the sites powered by
us. Please note that although donated for a specific project TG can't
guarantee that the donation will be indeed used by the NPO for that purpose
and not for its general purposes.
TG is also
not responsible for any dissatisfaction the NPO may have regarding the quality
of any consulting service it may acquire through the sites powered by
us.
You hereby
agree to release TG from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with the above. You understand that the Site may be used for lawful purposes
only. You assume total responsibility and risk for your use of the Site. It is
solely your responsibility to evaluate the accuracy, completeness and
usefulness of all information you access or obtain through the Site.
Disclaimers
We make
reasonable efforts to provide Sites that are safe and accurate, but can give
no warranties. TG retains the right to restrict use of the Sites, in any
manner it deems appropriate.
You
expressly understand and agree that: your use of the Sites, the content and
software is at your sole risk. All content and software are provided on an "as
is" and "as available" basis. TG expressly disclaims all warranties and
conditions of any kind whether express or implied, including but not limited
to, the implied warranties of merchantability and fitness for a particular
purpose. TG makes no warranty that (1) the content and software are accurate,
timely, uninterrupted, virus-free or error-free; (2) the results that may be
obtained from the use of the content or software will be reliable; and (3) any
errors in the software will be corrected.
Limitation
of Liability
In no event
shall TG, its employees, agents, affiliates, directors, officers,
representatives, subcontractors and advisors or anyone else who has been
involved in the creation, production, or delivery of the sites (collectively
"TG and its affiliates") be liable for any damages whatsoever, including
without limitation direct, indirect, incidental, special, consequential or
exemplary damages, damages or loss of products, use of data or other
intangible losses resulting from the use of any of the Sites or any Linked
Site (as defined below), or inability to use the sites, content or software.
You understand and agree that TG and its affiliates will not be liable for any
damages caused by any failure of performance, error, omission, interruption,
defect, delay in operation of transmission, computer virus, or equipment or
network failure whatsoever, and that TG and its affiliates will not be liable
whatsoever for any damages or injury that result from the use of, or the
inability to use, the materials in the Sites, even if there is negligence by
TG or an authorized TG representative has been advised of the possibility of
such damages, or both.
You understand and
agree that your use of the sites is predicated upon your waiver of any right
to sue TG and its affiliates and to participate in any class action suit for
any losses or damages resulting from your use of the Sites.
TG neither
guarantees nor represents that your use of Content, Software or any other
materials displayed on the Sites will not infringe third party rights .
Without detracting from the above,
neither
party shall be liable (whether under contract, tort (including negligence) or
otherwise) to the other party, or any third party for any indirect, incidental
or consequential damages, including, without limitation, any loss or damage to
business earnings, lost profits or goodwill and lost or damaged data or
documentation, suffered by any person, arising from and/or related with and/or
connected to this agreement even if such party is advised of the possibility
of such damages.
Third
Party Websites
The Sites
may provide links to other websites ("Linked Sites") as a convenience to you.
Such Linked Sites are not maintained by TG, thus TG is not responsible for the
content, products, services or policies or activities of those Linked Sites.
The inclusion of any link to such Linked Sites does not imply their
endorsement by TG.
You hereby
agree to release TG from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with the above.
Third
Party Websites Seeking to Hyperlink to the Sites
We welcome
appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on
your website, you guarantee that the content of your website is appropriate
and consistent with the stated purposes of the Sites and TG. If this is not
the case, please do not link to any Site. TG reserves the right to rescind the
right to link to its Sites at its sole discretion.
Use of any
TG trademark, service mark or other intellectual property or content provided
by TG for a hyperlink to a Site is permitted and licensed by TG solely for the
purposes described on the Sites, and you shall not otherwise copy, modify,
publish, use or distribute such trademarks, service marks or other
intellectual property or content. Upon request by TG, you shall immediately
remove any hyperlink to the Sites, and discontinue use of any trademarks,
service marks or other intellectual property or content provided by TG.
Making
Donations through TG
Our goal is
to become a marketplace that brings donors together with NPO's in order to
improve the direct link between the donors and the cause to which they wish to
donate Here, except for money transaction costs that may apply, such as but
not limited to, credit card commission, all of the donations made through TG
go directly to fund the projects for which they were given. TG is dedicated to
try and reduce these costs to the necessary minimum.
Conduct
on the sites
You are
responsible for all Content that you upload, submit, post, email or otherwise
transmit using the Sites. Likewise, you are responsible for respecting TG and
third parties' rights with respect to Content that appears on the Sites and
not to download, email or otherwise transmit such Content in violation of TG's
and third parties' rights. You agree not to use the Sites to:
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Submit,
upload, post, email, or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other intellectual property
right, privacy right, or publicity right of any person or entity and/or
is illegal, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, pornographic, sexually explicit,
invasive of another's privacy, hateful, racially, ethnically, or otherwise
offensive.
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Impersonate
another person or entity, including without limitation, a representative
of TG or its officers, directors, employees or agents, falsely represent
or misrepresent your affiliation with another person or entity, or forge
headers or otherwise manipulate identifiers that would disguise the origin
of any Content transmitted through the Site.
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Submit,
upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, including without limitation,
initiation or perpetuation of any %u201CSpam%u201D, %u201CJunk Mail%u201D, or any other
potentially objectionable form of unsolicited communication.
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Use the
Sites for any purpose or in any manner that violates any local, state, or
federal law or regulation or the law or regulation of any foreign
government.
-
Collect
or store personal data with respect to third parties except as
contemplated by the Terms and Conditions and then only for the express
purpose of providing lawful communication that may reasonably be
anticipated by such third parties.
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Directly
or indirectly, intentionally disrupt or interfere with the Sites in any
manner that may adversely affect TG, you or any third party.
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Submit,
upload, post, email or otherwise transmit any material that contains
software viruses or any other code, files or programs designed or known to
disable, interrupt, or limit the functionality of any computer hardware,
computer software, or telecommunications equipment or facilities and/or
any material that contains personal or private information concerning any
third party person or entity, including without limitation, phone
number(s) or addresses, credit/debit cards, calling cards, account
numbers, social security numbers, passwords or other similar information.
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Use
any kind of automated tool, including but not limited to scripts, bots and
other software, to try to collect information from the Site or to break
into any of its servers.
Special
Provisions Relating to
Donors
(Visitors and Members)
Thank you
for your interest in funding a project at JGooders. By clicking the "I Agree"
button during the sign-up process for donations, the following additional
terms of the AGREEMENT apply to those users who sign up for a donor account
and/or donate to a project on the Site ("Donor").
Donor
Representations
By applying to
become a Donor, you promise that:
1. You are at least
18 years old or if under 18 years old are acting with parental consent and
under parental supervision;
2. All
information you provide to TG is accurate, and you will update the information
to keep it accurate; and
3. Any donation you
make is legal in your jurisdiction.
If you
donate to a specific project in honor of a named person, or as a gift by a
named person (for example, contributing funds to honor someone's birthday,
anniversary or other special event), you declare that you have the permission
of the named person (or permission of their parent, if a minor) to provide
their name and other required information for display to prospective donors
and other users on the Sites.
In addition
to the rights of TG described elsewhere in this AGREEMENT, you agree that
descriptions of the proposed activity and other materials that TG may send you
regarding each project you fund are solely for your personal, non-commercial
use and may not be distributed, displayed or copied in any way, other than for
social purposes within your social network. Recognizing the critical
importance of these restrictions in protecting the rights and privacy of the
participants, you agree that any breach by you of any of these restrictions
may cause TG and others to suffer irreparable loss, damage and harm in an
amount not easily ascertained, and therefore agree that TG may immediately
seek an injunction against you to stop your distribution, display, or copying
of any such materials and you waive any objection to the scope or venue of
such an action.
We take
reasonable steps to protect the privacy of any personal and financial
information you may provide when you donate through the Site as described in
our Privacy Policy.
Special
Provisions Relating to Members
Member
Responsibilities
You will be
responsible for the use and maintenance of the confidentiality of your user ID
and password (which you will receive upon completing the process of
registering as a Member) for access to Member-restricted portions of the Site,
and shall not share your ID and password with anyone else. You agree not to
use the account, username, or password of another Member or NPO at any time or
to disclose your password to anyone else. You agree to exit from your account
at the end of each session and to immediately notify TG of any unauthorized
use of your password or account. You are solely responsible for any and all
use of your account and for any actions that take place using your account.
All suggestions and comments you provide become the intellectual property of
TG.
TG reserves
the right to exclude any Member or Donor from use of the Site, at TG's sole
discretion. All directions and requirements stated on the Sites regarding
Donors or donations shall apply to any donation offered or made by you.
Disclaimers
TG cannot be
responsible for the success of any proposed or funded projects or for the
activities (or lack thereof) of the NPO regarding any proposed or funded
projects.
Special
Provisions for NPO's
Thank you
for your interest in submitting a proposal for a TG project. By clicking the
"I Agree" button during the process to sign up for funding proposals, the
following additional terms of the AGREEMENT apply to those users who sign up
for an NPO account and/or post a project funding proposal on the Sites:
NPO
Declarations
By
submitting a project, you promise that:
1. You are
legally registered as an NPO in your country of origin and have all licenses
and/or permits and/or authorizations under the law (including all permits
and/or authorizations from the tax authority) needed for a non for profit
organization.
2. Your
proposal is legal and falls within the standards of addressing the Jewish or
Israeli population and / or Jewish or Israeli causes;
3. Any
projects you submit are solely for your organization or organizations you
represent with permission to promote their projects;
4. You have
full rights to any ideas, descriptions and materials you submit to TG and that
you (and not TG) are solely responsible for such submission, including its
legality and appropriateness, and that all such materials are your original
creations and use by TG will not infringe on any third party
rights.
5. Should you
succeed in raising the total funds required for a project based on your "Total
Budget" definition for the project, you need to update your project card
accordingly to reflect that the project has reached its target in terms of
budget and the need to collect funds.
You will be
responsible for the use and maintenance of the confidentiality of your user ID
and password for access to NPO-restricted portions of the Sites, and shall not
share your ID and password with anyone else. You agree not to use the account,
username, or password of another NPO at any time or to disclose your password
to anyone else. You agree to exit from your account at the end of each session
and to immediately notify TG of any unauthorized use of your password or
account. You are solely responsible for any and all use of your account and
for any actions that take place using your account.
The above
applies also for all Network Managers' and Partners' users and passwords
registered through the NPO.
From time to
time, TG or a third party on TG's behalf may send you emails regarding
important information regarding your use of the Sites. Even if the electronic
communication system that sends such emails to your account contains an
"opt-out" feature, you acknowledge and agree that it is your responsibility to
be aware of the information contained in these emails.
While you
retain ownership of the works you create, such as the proposal submissions and
all information or materials created by you and communicated or submitted to
TG through the Sites and all materials which you send to TG after the
completion of the project, you hereby grant TG the right to review the
proposed content before it goes on-line. TG has the right to prevent projects
from going on-line should it decide that the project does not do good or that
the description is poorly written and require revision. TG reserves the right
to exclude any NPO from use of the Site, at TG's sole discretion.
If your
proposal is approved by TG (at TG's sole discretion), posted on a Site and
funded, you agree to use the materials or funds received solely as stated in
the proposal and in a manner directed by TG.
TG will not
be required to treat any Submission or Project Materials as confidential.
Special
Provisions Relating to Consultants
Consultant
Responsibilities
You will be
responsible for the use and maintenance of the confidentiality of your user ID
and password (which you will receive upon completing the process of
registering as a Consultant) for access to Consultant-restricted portions of
the Site, and shall not share your ID and password with anyone else. You agree
not to use the account, username, or password of another Member, consultant or
NPO at any time or to disclose your password to anyone else. You agree to exit
from your account at the end of each session and to immediately notify TG of
any unauthorized use of your password or account. You are solely responsible
for any and all use of your account and for any actions that take place using
your account. All suggestions and comments you provide become the intellectual
property of TG.
You certify
that all related information that you may post on the sites such as your
personal details, skills, services that you provide, area you work at, costs
etc. are accurate and truthful.
TG reserves
the right to exclude any Consultant from use of the Site, at TG's sole
discretion. All directions and requirements stated on the Sites regarding
Donors or donations shall apply to any donation offered or made by you.
Disclaimers
TG cannot be
responsible for the success of any proposed or funded projects or for the
activities (or lack thereof) of the NPO regarding any proposed or funded
projects.
Termination
You may
terminate this AGREEMENT by destroying all materials obtained from the Site,
cancelling your Member, NPO or Consulting account, as applicable, and stopping
all use of the Sites. TG may terminate this AGREEMENT immediately at will for
any reason, at its sole judgment, without warning or prior notice. Upon
termination, you must destroy all materials obtained from the Sites and stop
all use of the Sites.
If you are
an NPO that is terminating its registration, you realize that all projects'
information will also be terminated from the Sites. The only exception would
be the memorial wall. In that case, the content will be transferred to a
generic site where data will be saved regardless of the NPO
registration.
Governing
law and Jurisdiction
This
Agreement shall be exclusively governed by the Laws of the State of Israel.
Any dispute, controversy or claim arising under, out of or relating
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