These are the terms of service of the East Villagers Service Network.
1. ACCEPTANCE OF TERMS
Welcome to www.eastvillagers.org (the “Site”) an online non-profit utility that connects volunteers and charitable donations with non-profit organizations provided to you by the Ping & Amy Chao Family Foundation (“we”, “us” or “EV").
These Terms and Conditions of Service (“Terms and Conditions”) govern your use of the Site and Services (as defined below). By accessing or using the Site, you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions whether or not you are a registered member of the Site. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site or the Services.
The Site includes a database containing (i) nonprofit organizations from around the world; (ii) volunteer opportunities, jobs, internships, events and other listings from around the world; and (iii) organizations that can help you volunteer (“Organization Database”). If you are a non-profit organization (“Organization”), you can submit job openings, volunteer opportunities, events, internships or other information that can be stored in the Organization Database. The Organization Database is available for anyone to search and access information contained in it.
The Site also includes a database containing individual user profiles that contain (i) interests and preferences, (ii) skills of the individuals, and (iii) other information submitted by individuals (“ Individual Database”). Visitors who are not Organizations (“Individuals”) to the Site will be able to search the Individual Database and browse user profiles.
Creating a user profile indicates your consent to permit your profile to be displayed on the Site, stored in the Individual Database, and viewed by any visitor to the Site who may search the Individual Database and/or browse through user profiles.
Collectively, the provision of the information, databases and other services on or through the Site are referred to in these Terms and Conditions as the “Services.”
3 USE OF SERVICES
You are responsible for obtaining access to the Services, which may include third-party fees (such as ISP or airtime charges). You are responsible for those fees. In addition, you are responsible for all equipment necessary to access the Services.
4 REGISTRATION REQUIREMENTS
To use certain Services, you must register with the Site and provide certain personal information. You must also establish a password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. It is your responsibility to notify EV by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Services. EV is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may contact us as follows:
Mail: Eastvillagers, 800 High Street #408, Palo Alto, CA 94301
5 SERVICES OFFERED
You understand that there are risks in using the Services, which you assume when you use the Services. Specifically, you understand and agree that all information, data and other material provided in connection with the Site and Services (“Content”), is the responsibility of the person or entity providing such Content. You understand and acknowledge that EV assumes no responsibility to screen or review Content provided as part of the Services. EV shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Content that is available on the Site or through use of the Services. EV does not endorse any aspect of the information, including the quality, accuracy or legality of the information that is contained in the databases. Since EV does not confirm the identity of any submitter, EV cannot guarantee that any identity or information is accurate. EV expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. EV reserves the right to remove or eliminate any Content that it chooses, at any time and for any reason, without notice or liability to you or any third party. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
EV is not involved in the relationship between Individuals and Organizations or between Individuals and Individuals or between Organizations and Organizations. If you have a dispute with each other, you understand that EV is not required to assist you in the dispute. You hereby agree to release EV 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 any such disputes or use of the Services. You understand that the Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Services.
6 DISCLAIMER OF WARRANTIES
INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SERVICES, ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, EV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EV MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE SITE OR SERVICE OR ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
7 EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF EV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) ANY LINK OR DOWNLOAD OR PLATFORM APPLICATION PROVIDED IN CONNECTION WITH THE SERVICES, (iii) YOUR RELIANCE ON ANY OF THE SERVICES; (iv) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, (v) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EV FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EV, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8 CONDUCT ON THE SITE
You are responsible for all Content that you upload, submit, post, email or otherwise transmit using the Site or Services. Likewise, you are responsible for respecting and third parties' rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of EV's and third parties' rights. You agree not to use the Site or Services to:
- 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.
- Submit, upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive.
- Impersonate another person or entity, including without limitation, a representative of EV 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 or Services.
- Submit, upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, or any other potentially objectionable form of unsolicited communication.
- Use the Site or Services 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.
- Directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect EV, you or any third party.
- 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.
- Submit, upload, post, email or otherwise transmit without authorization 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.
- 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.
9 NO RESALE OF SERVICES
You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.
10 OWNERSHIP OF CONTENT
You understand and agree that your use of the Site and Services entitles EV to use, monitor and preserve copies of all information and Content and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of the Terms and Conditions, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of EV or any other person or entity.
The Services may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by EV with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and EV is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. EV MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
You agree to hold harmless and indemnify EV and its affiliates, officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms and Conditions.
13 COPYRIGHT INFORMATION
The Content of the Services is owned by EV and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Services, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of EV, except that, subject to your compliance with the Terms and Conditions, EV authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of EV, or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of EV, or third parties.
EV reserves the right to terminate your use of the Services in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), EV's designated agent for notice of alleged copyright infringement in connection with the Site is:
Mail: Eastvillagers, 800 High Street #408, Palo Alto, CA 94301
To file a notice of infringement with EV, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright/.
14 JURISDICTION AND VENUE
You and EV agree that this Agreement and the relationship between you and EV will be governed by the laws of the State of California USA, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and EV will rest exclusively in the courts of located in the county of San Francisco, California USA. The failure of EV to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, if you have any claim or cause of action arising out of or related to your use of the Site and/or Services or the Terms and Conditions you must file such claim or action within one (1) year of the event giving rise to the claim or action or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
15 NOTICE OF CHANGES
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site and/or Services after any such changes constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes.
EV reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. You understand and agree that EV may from time to time establish and revise practices and limitations concerning your use of the Site and Services.
16 GENERAL PRACTICES REGARDING STORAGE
You agree that EV shall have no liability for the deletion or failure to store or display any messages and other communications or other Content submitted for posting, maintained on the Site or transmitted using the Site or Services.
17 TERMINATION OF REGISTRATION
EV may add to, change, delete or terminate your use of the Services at any time for any reason without notice to you. EV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. EV reserves the right to refuse to offer Services to anyone at anytime without notice.
The Terms and Conditions constitute the entire agreement between you and EV and govern your use of the Site and Services. There is no agency, partnership, joint venture or employee-employer relationship between you and EV. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services.
Membership in the Service is void where prohibited. This Site is intended solely for users who are sixteen (16) years of age or older, and users of the Site under 18 who are currently in secondary school or college. Any registration by, use of or access to the Site by anyone under 16, or by anyone who is under 18 and not in secondary school or college, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Service or the Site, you represent and warrant that you are 16 or older and in secondary school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
We may notify you via postings on the Site, via email or any other communications means to contact information you provide to us. You may also notify us via registered signed for mail to [address]; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign novate or delegate all rights and obligations under the Agreement, fully or partially. We may also novate the Agreement unilaterally, effective upon notice to you, to any third party that assumes our rights and obligations under this Agreement.