CafeGive Social Applications and ProductsTerms of Service Last Updated: March 21, 2013
CafeGive, Inc ("CafeGive," "we" or "us") licenses applications to companies and organizations interested in running a "giving back" promotion through CafeGive's website www.cafegive.com ("Site"). CafeGive customers offering promotions through CafeGive applications are called "Sponsors" and individuals who participate in these promotions via these applications are called "Users." By accessing, using or merely browsing these applications, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms.
Fees and other charges for the use of the application are based on the offerings selected and agreed to separately. For specific pricing, please Contact Us.3. Ownership, Copyright and Trademarks
In these Terms the content on the application, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content." Content provided by Sponsors is called "Sponsor Content." Sponsor Content remains the property of the Sponsor. Other than Sponsor Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of CafeGive or its licensors, and is protected by United States and international copyright and intellectual property laws, and all rights to the Site, the Content and software are expressly reserved. Modification of existing applications or creation of new applications by CafeGive, are the property of CafeGive. This is limited to underlying code and does not apply to Sponsor created content or campaign language. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CafeGive. CafeGive collects certain information and data during the normal operation of the Site. The information and data collected through the operation of the Site is the property of CafeGive unless CafeGive has agreed to collect information and data on behalf of a Sponsor. Sponsor Content is the responsibility of the Sponsor. We have no responsibility or liability for it. Although we have no obligation to do so, we have the absolute discretion to remove any Sponsor Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.4. Limited License of Your Sponsor Content to CafeGive
We do not claim any ownership interest in your Sponsor Content. However, by running a promotion through CafeGive applications, you grant CafeGive the right to use your Sponsor Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future.5. Our Limited License of Content to You
CafeGive grants you a limited, revocable, non-exclusive, license to use applications and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by CafeGive at any time. You represent and warrant that your use of the Site, applications and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.6. Providing a Reliable and Secure Service
We take security seriously. We strive to maintain a reliable and secure environment for your data. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.7. Links to Other Sites
CafeGive applications contains links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") per the specific Sponsor run promotion. Third-Party Sites include social network platforms, Sponsor sites, nonprofit websites, payment processors and other payment intermediaries that you may use in connection with your use of the application. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. CafeGive does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Links to a Third-Party Site or Third-Party Content does not imply CafeGive's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Sponsors are responsible for compliance with the terms of Facebook and other third party sites.8. Promotions and Media
You understand that certain communications and newsletters, as well as offers or promotion relevant and beneficial to you are part of your registration with CafeGive. By registering, you expressly agree to receive such communications from CafeGive. You will have the option to unsubscribe from these communications at any time.10. Donations
CafeGive is a for profit company that has partnered with FJC to form the CafeGive Charitable Giving Fund ("The Fund"). FJC is a 501(c)3 foundation of donor advised funds in place to receive donations and distribute funds to other 501(c)3 nonprofits. Contributions in this program are not refundable and, once made, are owned by FJC which has exclusive legal control over all contributed assets. CafeGive is the advisor of The Fund and as such, advises FJC to distribute a donations received by The Fund to the nonprofits designated by the original donors. Donors will receive a tax deductible receipt for their donation, acknowledging the cause they selected to receive their donation. All payments are final. Donations are made to a 501(c)3 tax exempt organization and are tax deductible to the amount provided by law. In some programs, individuals receive merchandise with this donation.11. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, CafeGive reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.12. Inactive Accounts; Termination of Agreement
You and CafeGive may terminate these Terms and your use of the Site at any time. If you terminate your use of the Site, and if applicable, you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your CafeGive account is terminated, your Sponsor Content will, shortly thereafter, not appear on the Site, except for Sponsor Content submitted to our blog, which may remain on the Site after termination.13. Warranty Disclaimer
THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CAFEGIVE OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAFEGIVE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAFEGIVE DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. While CafeGive attempts to make your access to and use of the Site safe, CafeGive does not represent or warrant that the Site or any Content are free of viruses or other harmful components.14. Limitation of Liability; Indemnity
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CAFEGIVE, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE APPLICATIONS OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, neither CafeGive nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from CafeGive or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CafeGive or any other Released Party's records, programs or Services. In no event shall the aggregate liability of CafeGive, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site or applications during the three months prior to the date of any claim. Nothing in these Terms shall limit our liability in any claim for fraud or fraudulent misrepresentation. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials distributed in connection therewith, or exploitation of the Site or any content or other material used or displayed through the Site and agree to limit your claims to claims for monetary damages within the limits identified in this Agreement. You shall defend, indemnify and hold harmless CafeGive and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Sponsor, from your Agent(s)' use of the Site and from the use of the Site by any person to whom you give access to your account (such as staff), including any Sponsor Content that infringes the rights of any third-party, including the intellectual property rights, of any third-party.15. Applicable Law and Venue
CafeGive operates the Site from its offices within the United States. CafeGive makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF OREGON WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN PORTLAND, OREGON, AND SPONSOR, USER AND CAFEGIVE BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.16. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please Contact Us.