3. Code of Conduct.
In connection with Submissions (as defined below) and your use of the Site, you agree that you will not (collectively, the "Codes of Conduct"):
· Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
· Use the Site or Materials for any unlawful purpose;
· Express or imply that any statements you make are endorsed by us, without our prior written consent;
· Make a Submission or otherwise transmit material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about companies without the authorization to do so; or (e) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
· Engage in spamming or flooding;
· Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
· Remove any copyright, trademark or other proprietary rights notices contained in the Site;
· "Frame" or "mirror" any part of the Site without our prior written authorization;
· Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
· Harvest or collect information about Site visitors or members without their express consent;
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
· Access, reload or "refresh" transactional event pages, or make any other request to transactional servers, more than once during any three second interval; or
· Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.
4. Information Provided by the Foundation. Although the Foundation strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although the Foundation endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Site by various entities and service providers. The inclusion of such information does not indicate any approval or endorsement thereof, and the Foundation expressly disclaims any liability with respect to the foregoing.
The Foundation hopes and believes that the Materials will be helpful as background reference, but they should not be construed as legal, medical, or other professional advice on any subject matter. The Foundation has endeavored to comply with legal and ethical requirements known to the Foundation personnel who compiled this Site, but the Foundation is not engaged in rendering legal, medical, or other professional services, and availability for use of the Materials is not intended to create, and does not create, any attorney-client, doctor-patient, or other professional services relationship. Use of the Materials is not an adequate substitute for obtaining legal, medical, or other professional advice from a licensed provider in your jurisdiction. You agree that you will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.
5. Submissions and Postings. Please note that, because (a) we and our designees host message boards, blog feeds and other forums found on the Site (collectively, the "Forums") and (b) you may have the ability to provide, post or upload to the Foundation text, photographs or other media content which we would redistribute, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information, photographs or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us and our designees a perpetual, worldwide, non-revocable, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in the Foundation's sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
You further acknowledge that the Foundation is under no obligation to post, display or otherwise use any Submission. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Foundation or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral."
You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that the Foundation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Foundation with respect thereto, and agree to indemnify and hold the Foundation, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and each Submission; to alter or remove any Submission at any time; to disclose any Submission and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate the Site properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests.
6. Forums. Our Forums are designed for users and members of the Site to comment on any Materials and share information regarding the products and services offered on the Site. You acknowledge that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Foundation community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of the Foundation. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
You acknowledge and agree that we have the right (but not the obligation) to monitor the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
8. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Foundation infringe your copyright (for example, materials posted by the Foundation on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Foundation to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Foundation against you, the DMCA permits you to send the Foundation a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Pangaea 436 14th Street Ste. 920 Oakland, CA 94612. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of the Foundation, the Foundation's licensors and suppliers, and others. The Trademarks owned by the Foundation, whether registered or unregistered, may not be used in connection with any product or service that is not the Foundation's, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Foundation. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Foundation, the Foundation's licensors or suppliers, or the third party owner of any such Trademarks. Misuse of any Trademarks is prohibited, and the Foundation will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
10. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
11. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.
13. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE Foundation AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. THE Foundation AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE Foundation OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE Foundation SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE Foundation, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE Foundation DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE Foundation WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability. NEITHER THE Foundation NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE Foundation FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
17. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective Date: 20 May 2013.
What Information We Collect.
Non-Personally Identifiable Information.
When you enter the Site, information is gathered from your Internet browser. This information may include your IP address and log files (which allows us to determine the identity of your Internet Service Provider), your operating system and the type of browser software that you are using to access the Site. All information obtained from your browser is anonymous, and no personal information is ever transmitted to us in this manner.
The Site may use a standard technology called a "cookie", or web beacons or other similar technology to collect information about how you use the Site. Cookies reside on your computer and help the Site recognize your computer's browser as a previous visitor. In addition, on occasion the Site may also set a "session cookie" which helps us administer the Site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
If you use a standard web browser, you should be able to modify your browser preference to provide you with choices relating to cookies; for example, you should have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, you may be unable to use certain Site services (e.g., those services that require you to log on to the Site). For more information on modifying your browser preference, please refer to the documentation accompanying your browser.
Personally Identifiable Information.
We do not collect any personally identifiable information from you without your knowledge. The only personally identifiable information that we collect about you as a result of your visit to the Site is limited to such information that you may voluntarily submit to the Foundation by filling out registration, membership and/or donation forms found on the Site. The information requested in such forms may include, but is not limited to:
· first and last name;
· email address;
· mailing address;
· telephone number;
· personal demographic information (such as gender, ethnicity, sexual orientation, and political party preference); and
· fax number.
The Foundation may also from time to time request additional information that is helpful or necessary for running the Site and providing products, services and information.
In order to make a donation on our Site, you must first complete a donation form, which will ask you to give us personally identifiable information (such as name, email address, mailing address, and telephone number), and financial information (such as account or credit card numbers). We will use your mailing address for billing purposes, as well as to send you donation and tax receipts. By giving the Site your credit card and related personal information, you are authorizing us to give that information to a credit card company to complete your donation or recurring pledge.
Upon making a donation or recurring pledge, you will receive a brochure highlighting the critical services of the San Francisco AIDS Foundation. Included in the welcome brochure is a solicitation preferences form, which allows you to update contact information, select contact solicitation preferences, and inquire about other ways to support the San Francisco AIDS Foundation.
Public Forums and Other Interactive Features
Compliance With Applicable Law.
How We Use Information We Collect.
Non-Personally Identifiable Information.
We may use non-personally identifiable information to measure the number of visits, average time spent on the Site and pages viewed as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of the Site.
Personally Identifiable Information.
The Foundation uses your personally identifiable information for purposes that include, but may not be limited to: sending you notifications of special offers, new offerings, products or other services targeted to your interests, newsletters, action alerts, press releases, information about the Foundation programs, local volunteer opportunities and donation appeals, and to contact you when reasonably necessary.
To obtain the names of potential new supporters, the Foundation rents lists belonging to like-minded organizations from trusted third parties. Because of the high cost of renting lists, the Foundation will also, at times, exchange its supporter contact list for another non-profit organization's list, for a one-time use only. This is intended to allow each organization to communicate with a broader audience about community events, policy concerns, fundraising endeavors, and other information that is likely to be of shared interest. If supporters wish to be excluded from this sharing program, they may indicate their preference by checking the "opt-out" box provided on the 'solicitation preferences' form that is included with the welcome brochure. Supporters may also choose to be excluded at a later date according to the Opt-In/Opt-Out Policy below.
When you supply the Foundation with personally identifiable information in connection with the Site, you may be asked to indicate whether you are interested in receiving information from us about our product and service offerings. If you do choose to opt-in, you will receive such communications in accordance with your "opt-in" consent. You may, of course, choose not to receive additional information from us as follows:
· At any time, you can follow a link provided in our commercial email messages (but excluding e-commerce confirmations and other administrative emails) to unsubscribe from that particular mailing list or email service; or
If you decide to contact us to change your contact preference to "Do Not Contact Me", the Foundation will implement this change within ten (10) business days after your request. Please be aware that your requested change will not be effective until the Foundation implements such change. In addition, please keep in mind that even if you opt-out from receiving communications from the Site, residual information about you will remain within the Foundation databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, the Foundation reserves the right, from time to time, to contact former customers or users of the Site for administrative purposes or in order to comply with applicable law.
Children's Personal Information
Consistent with the Children's Online Privacy Protection Act:
This Site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13. In the event that a child under the age of 13 attempts to register or make a purchase on the Site, we will NOT accept the registration and will delete information received from the child. In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
The Foundation employs reasonable security measures consistent with standard industry practice, for information collected through the Site. However, you should exercise discretion with respect to the submission of any personal or financial information to the Site. Transmitting information via the Internet is never completely secure and, therefore, any information submitted may be intercepted, collected, used or disclosed by others. We cannot, and do not, guarantee that information supplied by users will not be accessed on our servers, or intercepted, collected, used or disclosed by others while being transmitted to or from the Site over the Internet.
Links to Other Websites.
European Union and Other Foreign Nations
The Site is governed by and operated in accordance with the laws of United States of America. The Foundation makes no representation that the Site is governed by or operated in accordance with the laws of other nations. By using the Site and submitting any personal information, visitors from outside of the USA acknowledge the Site is subject to USA law, consent to the transfer of personal data to the USA, and waive any claims that may arise under their own national laws.