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HandsOn Bay Area Terms of Use
Last updated: November 13, 2008
Introduction; Your Agreement to these Terms of Use.
Welcome to the Web site of HandsOn Bay Area (“HOBA”), an affiliate of the HandsOn Network. Your use of the HOBA Web site, including any of its services (collectively, the “Site”) is subject to these Terms of Use. By access or using the Site, you enter into a legal contract between you, a member or user of at least 18 years of age (“You”), and HOBA regarding your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE TERMS OF USE, INCLUDING ANY ADDITIONAL GUIDELINES AND POLICIES REFERENCED IN THESE TERMS OF USE (COLLECTIVELY, THE “TERMS”).
Table of Contents
1. Eligibility
2. Privacy Policy
3. Individual Features and Services
4. Modification of these Terms
5. User Postings License Grant; Representations and Warranties
6. Digital Millennium Copyright Act
7. Prohibited Conduct
8. Account
9. Third-Party Sites, Products and Services; Links
10. Donations
11. Termination; Terms of Use Violations
12. Ownership; Proprietary Rights
13. Indemnification
14. Disclaimers; No Warranties
15. Limitation of Liability and Damages
16. Miscellaneous
1. Eligibility. Children under the age of 13 may not register with HOBA or use the site.
2. Privacy Policy. Your privacy is important to HOBA. HOBA’s Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to HOBA’s collection, use, and disclosure of your personal information.
3. Individual Features and Services. When using the Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. HOBA reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.
5. User Postings License Grant; Representations and Warranties
5.1 User Postings Generally. HOBA may now or in the future permit the posting by You and other Users of notes, written works, images and videos or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, HOBA does not guarantee any confidentiality with respect to any submissions.
5.2 Limited License Grant to HOBA. By User Postings on or through the Site, You hereby grant to HOBA a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5.3 User Postings Representations and Warranties. You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize HOBA and HOBA’s Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by HOBA and these Terms of Use; (2) your User Postings do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of third-party rights may be subject to criminal and civil liability. HOBA reserves all rights and remedies against any User who violates these Terms of use.
5.4 User Postings Disclaimer. You understand that when using the Site You will be exposed to User Postings from a variety of sources, and that HOBA is not responsible for the content of such User Postings (including, without limitation, the accuracy, usefulness, or intellectual property rights of or relating to such User Postings). You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against HOBA with respect thereto. HOBA does not endorse or adopt any User Postings or any opinion, recommendation or advice expressed therein, and HOBA expressly disclaims any and all liability in connection with User Postings. If notified by a User or a content owner of a User Posting that allegedly does not conform to these Terms of Use, HOBA may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. For clarity, HOBA does not permit copyright infringing activities on the Site.
6. Digital Millennium Copyright Act. It is HOBA’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to HOBA’s DMCA Notification Guidelines. HOBA will promptly terminate without notice any access to the Site if You are determined by HOBA to be a “repeat infringer.” A repeat infringer is a User who has been notified by HOBA of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the Site more than twice
7. Prohibited Conduct.
BY USING THE SITE, YOU AGREE NOT TO:
7.1 use the Site for any purposes other than to access the Site for the purposes for which it is offered by HOBA
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12, below);
7.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;
7.4 post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
7.6 delete the copyright or other proprietary rights on the Site or User Postings;
7.7 make unsolicited offers, advertisements, proposals, or send any unsolicited communications to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.8 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.9 defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only;
7.10 use the Site if You are under the age of 13 years old;
7.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Postings, features that prevent or restrict use or copying of any content accessible through the Site, or features that seek to impose or enforce limitations on the use of the Site or User Postings;
7.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.13 modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
7.14 intentionally or knowingly interfere with or damage operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Account.
If You register for an account on the Site, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to HOBA during registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify HOBA. You may be liable for the losses incurred by HOBA or others due to any unauthorized use of your Site account.
9. Third-Party Sites, Products and Services; Links.
The Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). HOBA does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites, is solely at your own risk. We ARE NOT responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through ANY REFERENCE SITES.
10. Donations Third-Party Sites, Products and Services; Links.
Upon User’s donation through a third-party vendor (such as Network for Good), the User will receive an email acknowledgement of the amount of the User’s donation directly from the third-party vendor. HOBA will mail a written acknowledgement of the donation when a postal mailing address is provided in the online donation information.
11. Termination; Terms of Use Violation
11.1 HOBA. You agree that HOBA, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with HOBA or your use of the Site and remove and discard all or any part of your account, User profile, and any User Posting, at any time. HOBA may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account You may have or portion thereof may be effected without prior notice, and You agree that HOBA will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HOBA may have at law or in equity. As discussed herein, HOBA does not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
11.2 You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) Guidelines, (iv) any policy or practice of HOBA in operating the Site, or (v) any content or information transmitted through the Site, is to terminate these Terms of Use and your account. You may terminate these Terms of Use at any time by deleting your account with the Site and discontinuing use of any and all parts of the Site.
12. Ownership; Proprietary RightsTermination; Terms of Use Violation
The Site is owned and operated by HOBA. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by HOBA (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Site are the property of HOBA or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to HOBA or its affiliates and/or third-party licensors. Except as expressly authorized by HOBA, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. HOBA reserves all rights not expressly granted in these Terms of Use.
13. Indemnification
You agree to indemnify, save, and hold HOBA, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. HOBA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify HOBA, and You agree to cooperate with HOBA’s defense of these claims. HOBA will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOBA, and its affiliates, partners, lICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. no advice or information, whether oral or written, obtained by You from HOBA or through the Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 14 the term HOBA includes HOBA’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
14.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Site is at your sole risk. THE Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Postings, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Site ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Content. HOBA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Postings, FUNCTIONS, or any other information OFFERED ON or through THE SITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.4 Accuracy. HOBA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE SITE AND any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HOBA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY direct, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH HOBA, EVEN IF HOBA OR AN HOBA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOBA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.2 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN HOBA AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY reference sites.
15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT HOBA HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HOBA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HOBA. HOBA would not be able to provide the Site to You on an economically reasonable basis without these limitations.
15.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
15.5 Consumer End Users (Outside of the USA). This Section 15.5 applies only to Users residing and using the Site outside of the United States. The limitations or exclusions of warranties and liability contained in these Terms of Use do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in these Terms of Use apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
16. Miscellaneous
16.1 Notice. HOBA may provide You with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless HOBA is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
16.2 Waiver. The failure of HOBA to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HOBA.
16.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
16.4 Arbitration. For Users residing outside the United States of America and using the Site in another territory, Section 16.5 (Jurisdiction) does not apply and this Section 16.4 applies to You. Any dispute or claim arising out of or in connection with these Terms or your use of the HOBA Services shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.
16.5 Jurisdiction. For Users residing inside the United States of America and using the Site in the United States, Section 16.4 (Arbitration) does not apply and this Section 16.5 applies to You. You agree that any action at law or in equity arising out of or relating to these Terms or HOBA will be filed only in the state or federal courts in and for San Francisco County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
16.6 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
16.7 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HOBA without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.
16.8 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5 through 16.
16.9 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.10 Entire Agreement. These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and HOBA relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by HOBA as set forth in Section 4 above.
16.11 Claims. YOU AND HOBA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16.12 Disclosures. The services hereunder are offered by HandsOn Bay Area., 135 Bluxome Street, Second Floor, San Francisco, CA, 94107 and email: info@hoba.org. If You are a California resident, you may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.
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