Resource published Mon, Dec 30, 2013 at 04:42AM UTC edited Tue, Jul 15, 2014 at 02:49PM UTC
Terms of Service Edit Title
Table of Contents
Introduction; Your Agreement to these Terms of Service.
Welcome to the 4GOOD, LLC (“4GOOD”) web site, an online community located at www.4good.org (the “4GOOD Site”) for sharing, buying and selling authorized content within and between nonprofit organizations, social enterprises, and those people and organizations (including for profit entities) that serve them (the "4GOOD Platform"). The 4GOOD Platform includes software that enables the authorized distribution of digital content.
The following Terms of Service for the 4GOOD Platform is a legal contract between you, whether you are acting as an individual, or a representative of a company, entity or organization (collectively “You” or User”), and 4GOOD, LLC regarding Your use of the 4GOOD Platform. You represent that You as a user of the 4GOOD Platform and an authorized representative of Your Sharing Entity (as defined below) are at least 18 years of age, and that you have the right to contract on behalf of Your Sharing Entity as further warranted in Section 1 below. Additionally, You acknowledge that You may be utilizing the 4GOOD Platform as a producer (e.g., uploading and distributing content) or as a consumer (e.g., acquiring content), and that sections of these Terms Of Service will apply as applicable depending on the particular context of use or transaction.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING OR USING THE 4GOOD PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL POLICIES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE 4GOOD PLATFORM.
The 4GOOD Platform is not available to persons under the age of 18 or to any users previously suspended or removed from the 4GOOD Platform by 4GOOD, LLC. BY DOWNLOADING CONTENT FROM, OR OTHERWISE USING THE 4GOOD PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE 4GOOD PLATFORM.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH 4GOOD ON BEHALF OF A COMPANY, ENTITY OR ORGANIZATION (“SHARING ENTITY”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SHARING ENTITY WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SHARING ENTITY.
2. Incorporation by Reference.
Users who download or purchase any content or service on the 4GOOD Platform (“Content Consumers”) are bound by the 4GOOD Terms of Purchase. The 4GOOD Terms of Purchase is hereby incorporated into these Terms by reference.
Users who distribute content through the 4GOOD Platform for free or for a price to other Users (“Content Producers”) are also bound by the 4GOOD Terms of Sale. The 4GOOD Terms of Sale is hereby incorporated into these Terms by reference. For avoidance of doubt, Content Consumers and Content Producers are also Sharing Entities.
In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein (excepting any custom license terms and conditions as may be adopted by You pursuant to the Terms of Sale and Terms of Purchase), these Terms of Service shall control.
3. Individual Features and Services.
When using the 4GOOD Platform, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms.
As used herein, the term "Commercial Content" means any content that is offered for a price and in the alternative is sometimes referred to as “Paid Content”.
3.1 Groups. 4GOOD may make available a groups capability, such that users may elect to create, join open groups, or join private groups (“Group” or “Groups”). The polices with respect to Groups, including without limitation with respect to creating, joining, 4GOOD, LLC’s right to revoke membership, and what elements may be restricted to access within designated groups are subject to Polices defining Group membership.
4. Modification of these Terms; Modification of Fees.
4GOOD, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the 4GOOD Platform. Please check these Terms and any Policies periodically for changes. Your continued use of the 4GOOD Platform after the posting of changes constitutes Your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the 4GOOD Platform. Additionally, 4GOOD, LLC will notify You via email.
Certain functions on the 4GOOD Platform have fees associated with them. When You upload content or use a service that will incur a fee, You have an opportunity to review and accept the fees that You will be charged based on our then current stated fees, which we may change from time to time. 4GOOD, LLC may choose to temporarily change the fees for 4GOOD services for promotional events or new services, and such changes are immediately effective when 4GOOD, LLC posts the temporary promotional event or new service on the 4GOOD Platform. Any changes to fees for 4GOOD services that are not temporary or promotional will be effective as stated above. Unless otherwise stated, all fees are quoted in U.S. Dollars.
5. License Grant to Upload
5.1 Subject to your compliance with the Terms set forth in these Terms of Service, 4GOOD, LLC hereby grants you a personal, limited, non-transferable, freely revocable license to use the 4GOOD Platform for the uploading and distribution of Your Shared Items (as defined below), such posted content an “Offer” or “Offering”.
5.2 License Grant to Download; Reservation of Rights
Users may make certain Shared Items available to You for download (Paid Content or otherwise) from the 4GOOD Site. Subject to the terms and conditions set forth in this Terms of Service, or otherwise presented to You in the Offer, 4GOOD hereby grants You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the 4GOOD Platform to download Shared Items.
5.3 Reservation of Rights; Prevention of Unauthorized Use.
4GOOD, LLC reserves all rights not expressly granted in this Terms of Service. Additionally, 4GOOD, LLC specifically reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the 4GOOD Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
6. Shared Items License Grant; Representations and Warranties.
6.1 Shared Items Generally.
4GOOD, LLC permits the posting by Sharing Entity of tools, templates, forms, written works, project plans, images, videos or other knowledge transfer formats or communications (collectively, “Shared Items”) and the hosting, sharing, and/or publishing of such Shared Items. You understand that whether or not such Shared Items are published, 4GOOD, LLC does not guarantee any confidentiality with respect to any submissions. 4GOOD, LLC will take reasonable care to protect Shared Items when designated to be shared with Groups. The 4GOOD Platform limits Your storage capacity and has file size restrictions, and You agree that (i) any individual file shall be limited to 100MB and the aggregate of all files in any one Shared Items shall be limited to an aggregate maximum of 0.5GB, and (ii) the maximum size of total active Shared Items by You is limited to 2GB absent express prior written approval by 4GOOD, LLC.
6.2 Limited License Grant to 4GOOD, LLC.
By submitting or distributing Shared Items through the 4GOOD Site, You hereby grant to 4GOOD, LLC a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your Shared Items, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) for the express purpose of promoting Your Offerings on the 4GOOD Platform.
6.3 Limited License Grant to Other 4GOOD Users.
By submitting or distributing Shared Items through the 4GOOD Site, You hereby grant to each User of the 4GOOD Site who qualifies (pursuant to the terms hereunder, or any specific Policies as may be applicable) to download your Shared Item a non-exclusive license to access and use your Shared Items according to the terms chosen by the Sharing Entity for that such item, in accordance with the Terms of Sale (e.g., a Creative Commons license in the context of Free Content or license terms in 3.1 and any User terms in the context of Paid Content). The foregoing license granted by You terminates as to a specific Offering 24 hours after You mark Item “Archived” or remove or delete such Offering from the 4GOOD Site; provided, however, that User’s rights to such Offering arising out of distributions occurring on or prior to deletion of such Offering from the 4GOOD Site survive any termination or expiration of the license granted in this Section.
6.4 Shared Items Representations and Warranties.
You are solely responsible for your Offering and the consequences of posting or publishing it. By uploading and promoting your Offering, 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 4GOOD, LLC and 4GOOD’s Users to use and distribute your Offering as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by 4GOOD, LLC and this Terms of Service; (2) your Offering does 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) to the best of your knowledge your Offering does not contain any viruses, adware, spyware, worms, or other malicious code (4) Your Offering does not violate any of the prohibited conduct restrictions itemized in Section 7 below. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. 4GOOD, LLC RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THIS TERMS OF SERVICE.
6.5 Shared Items Disclaimer.
YOU UNDERSTAND THAT WHEN USING THE 4GOOD SITE YOU WILL BE EXPOSED TO OFFERINGS FROM A VARIETY OF SOURCES, AND THAT 4GOOD, LLC IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH OFFERING(S), INCLUDING ITEMS POSTED BY 4GOOD, LLC, IT’S EMPLOYEES, AND PARTNERS YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO OFFERING 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 4GOOD, LLC WITH RESPECT THERETO. 4GOOD, LLC DOES NOT ENDORSE ANY OFFERING OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THER4GOOD, AND 4GOOD, LLC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH OFFERING. IF NOTIFIED BY A USER OR A CONTENT OWNER OF AN OFFERING THAT ALLEGEDLY DOES NOT CONFORM TO THIS TERMS OF SERVICE, 4GOOD, LLC MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN ITS SOLE DISCRETION WHETHER TO REMOVE THE OFFERING, WHICH IT RESERVES THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE OR CAUSE. FOR CLARITY, 4GOOD, LLC DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE 4GOOD SITE.
7. Prohibited Conduct.
BY USING THE 4GOOD PLATFORM YOU AGREE NOT TO:
7.1 use the 4GOOD Platform for any purposes other than (i) to disseminate or receive original or appropriately licensed content, or (ii) to access the 4GOOD Platform for such services as are offered by 4GOOD, LLC;
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted through 4GOOD, LLC or any Materials (as defined in Section 11, below) to a 3rd party unless expressly allowed within the license terms for the Item in question;
7.3 post, upload, or distribute any defamatory, libelous, or knowingly inaccurate content;
7.4 post, upload, or distribute any Offering 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 4GOOD Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the 4GOOD Platform, or perform any other similar fraudulent activity;
7.6 delete indications or notices regarding the copyright or other proprietary rights on the 4GOOD Platform or any third party content;
7.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the 4GOOD Platform. 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 absent express prior written approval by 4GOOD, LLC;
7.8 use the 4GOOD Platform 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 4GOOD Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the 4GOOD Platform for any commercial use, it being understood that the Shared Items available on the 4GOOD Platform is for personal use only;
7.10 use the 4GOOD Platform if You are under the age of eighteen (18) years old;
7.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the 4GOOD Platform or Offerings, features that prevent or restrict use or copying of any content accessible through the 4GOOD Platform, or features that enforce limitations on the use of the 4GOOD Platform or Offering;
7.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the 4GOOD Platform 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 4GOOD Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or by the Sharing Entity;
7.14 intentionally interfere with or damage operation of the 4GOOD Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
7.15 manipulate the price of any item or interfere with other User's listings;
7.16 interfere or attempt to interfere with the proper workings of the 4GOOD Platform or any activities conducted on the 4GOOD Platform;
7.17 upload or post any Offerings that are encrypted, or otherwise unreadable or unviewable by 4GOOD, LLC.
When You use the 4GOOD Platform to upload and/or download or purchase content or any products, services, or information from 4GOOD, LLC, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to 4GOOD on 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, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify 4GOOD, LLC. You may be liable for the losses incurred by 4GOOD, LLC or others due to any unauthorized use of Your 4GOOD Platform account.
9. Third-Party Sites, Products and Services; Links.
The 4GOOD Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). 4GOOD, LLC 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 4GOOD Platform 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.
10. Termination; Terms of Service Violations.
10.1 4GOOD, LLC.
You agree that 4GOOD, LLC, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof). You agree that 4GOOD, LLC may discontinue Your use of the 4GOOD Platform and remove and discard all or any part of Your account, User profile, and any Offerings, at any time. 4GOOD, LLC may also in its sole discretion and at any time discontinue providing access to the 4GOOD Platform, or any part thereof, with or without notice. 4GOOD, LLC may also in its sole discretion and at any time make changes to any aspect of your Offerings with the goal of enhancing its ability to be found and viewed with or without notice. You agree that any termination of Your access to the 4GOOD Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that 4GOOD, LLC 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 4GOOD, LLC may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the 4GOOD Platform, (ii) any term of this Terms of Service, (iii) any policy or practice of 4GOOD, LLC in operating the 4GOOD Platform, or (iv) any content or information transmitted through the 4GOOD Platform, is to terminate this Terms of Service and Your account. You may terminate these Terms of Service at any time by deleting your account with the 4GOOD Site and discontinuing use of any and all parts of the 4GOOD Site.
11. Ownership; Proprietary Rights.
The 4GOOD Platform is owned and operated by 4GOOD, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the 4GOOD Platform provided by 4GOOD, LLC (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 Offerings that are provided and owned by Users, all Materials contained on the 4GOOD Platform are the property of 4GOOD, LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to 4GOOD, LLC or its affiliates and/or third-party licensors. Except as expressly authorized by 4GOOD, LLC, 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. 4GOOD, LLC reserves all rights not expressly granted in this Terms of Service.
You agree to indemnify, save, and hold 4GOOD, LLC, 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 4GOOD Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. 4GOOD, LLC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify 4GOOD, LLC, and You agree to cooperate with 4GOOD, LLC's defense of these claims. 4GOOD, LLC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimers; No Warranties.
13.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4GOOD, LLC, AND ITS AFFILIATES, PARTNERS, 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 4GOOD, LLC OR THROUGH THE 4GOOD PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HER4GOOD. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13, THE TERM 4GOOD, LLC INCLUDES 4GOOD, LLC'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
13.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE 4GOOD PLATFORM IS AT YOUR SOLE RISK. THE 4GOOD PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, OFFERINGS, 4GOOD APPLICATION, COMMERCIAL CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 4GOOD PLATFORM 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.
13.3 Platform Operation and Content.
4GOOD, LLC, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, OFFERINGS, COMMERCIAL CONTENT, 4GOOD APPLICATION, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE 4GOOD PLATFORM 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.
4GOOD, LLC, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 4GOOD PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE 4GOOD PLATFORM (INCLUDING RSS FEEDS) OR 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. FURTHER, WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT YOU USE THE 4GOOD APPLICATION AND 4GOOD PLATFORM SOLELY AT YOUR OWN RISK AND THAT 4GOOD, LLC SHALL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER, NETWORK CONNECTION, OR OTHERWISE RESULTING FROM YOUR USE OF THE 4GOOD APPLICATION OR 4GOOD PLATFORM.
14. Limitation of Liability and Damages.
14.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 4GOOD, LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY 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 OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING UPLOADER CONTENT AND COMMERCIAL CONTENT) ON THE 4GOOD PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH 4GOOD, LLC, EVEN IF 4GOOD, LLC OR AN 4GOOD, LLC 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, 4GOOD, LLC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2 Limitation of Damages.
IN NO EVENT WILL 4GOOD, LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE 4GOOD PLATFORM OR YOUR INTERACTION WITH OTHER 4GOOD PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO 4GOOD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
14.3 Release for disputes between users.
If you have a dispute with one or more Users, you release 4GOOD, LLC (and 4GOOD, LLC's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
14.4 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 4GOOD, LLC AND RECEIVED THROUGH OR ADVERTISED ON THE 4GOOD PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
14.5 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT 4GOOD, LLC 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 HERIEN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HERIEN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 4GOOD, LLC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HERIEN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 4GOOD, LLC. 4GOOD, LLC WOULD NOT BE ABLE TO PROVIDE THE 4GOOD PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
15. Open Source Requirements.
The 4GOOD Platform may include, or may be distributed on the same media or in the same download with, software ("Open Source Software") that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including without limitation the GNU General Public License or GPL. Notwithstanding Section 6 above, you acknowledge that certain components of the 4GOOD Platform may be covered by such Open Source Software Licenses. 4GOOD, LLC shall provide a list of Open Source Software for a particular version of the 4GOOD Platform upon your request. THE OPEN SOURCE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NEITHER 4GOOD, NOR THE AUTHORS OR COPYRIGHT HOLDERS OF THE OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. To the extent required by the licenses covering Open Source Software, the terms of such licenses will apply in lieu of the terms of this Agreement. To the extent the terms of the licenses applicable to Open Source Software prohibit any of the restrictions in this Agreement with respect to such Open Source Software, such restrictions will not apply to such Open Source Software.
16. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on Your compliance with this provision.
17. Digital Millennium Copyright Act Compliance.
It is 4GOOD, LLC's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. 4GOOD, LLC reserves the right to terminate without notice any User's access to the 4GOOD, LLC Platform for any reason or no reason, not limited to if that User is determined by 4GOOD to be a "repeat infringer." In addition, 4GOOD, LLC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
17.1 If you are a copyright owner or an agent thereof, and believe that any user submission or other content hosted on the 4GOOD Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 4GOOD, LLC to locate the material;
(iv) Information reasonably sufficient to permit 4GOOD, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
4GOOD, LLC’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: 4GOOD, LLC Copyright Agent
2910 N 28th Street
Tacoma, WA 98407
Email: [email protected]
4GOOD, LLC may provide You with notices, including those regarding changes to 4GOOD's terms and conditions, by email, regular mail or postings on the 4GOOD Platform. Notice will be deemed given twenty-four hours after email is sent, unless 4GOOD 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 4GOOD Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the 4GOOD Platform is deemed given 30 days following the initial posting.
The failure of 4GOOD, LLC 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 4GOOD, LLC.
18.3 Governing Law; Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. The parties agree that the federal and state courts residing in Pierce County, Washington will have exclusive jurisdiction over these Terms.
18.4 Dispute Resolution.
If a dispute arises between You and 4GOOD, LLC, our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and 4GOOD, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and You otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute You may have against 4GOOD, LLC must be resolved by a court located in Pierce County, Washington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Pierce County, Washington for the purpose of litigating all such claims or disputes.
b) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c) Improperly Filed Claims. All claims You bring against 4GOOD, LLC must be resolved in accordance with this Section 18.4 (Dispute Resolution). All claims filed or brought contrary to this Section 18.4 (Dispute Resolution) shall be considered improperly filed. Should You file a claim contrary to this Section 18.4 (Dispute Resolution), 4GOOD, LLC may recover attorneys' fees and costs up to $1,000, provided that 4GOOD, LLC has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
If any provision of these Terms or any Policies 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.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 4GOOD, LLC without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
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 2, 3, 5, 6.3, 7-18.
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.
18.9 Entire Agreement.
This is the entire agreement between You and 4GOOD, LLC 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 or Policies made by 4GOOD, LLC as set forth in section 4 above.
18.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The services are offered by 4GOOD, LLC, LLC, located at: 2910 N 28th Street Tacoma, WA 98407.
Last Updated January 1, 2014
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