Site Terms and Conditions
Acts of Service™ Website and Application Terms and Conditions
Effective: December, 2019
These are the Website and Application Terms of Service (“Terms”) for the Acts of Service program, administered by the Community Foundation of Elkhart County, (collectively “Acts of Service,” “we,” “our,” or “us”) which govern your access to and use of the Acts of Service operated and controlled website and application (collectively the “Acts of Service Websites”) and all other online services controlled or provided by Acts of Service (collectively the “Services”) and describes how Acts of Service, as a data controller, collects, uses, and shares your information when you use and interact with the Services. Please note your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree you are bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
- Your Agreement with Acts of Service
These Terms constitute a binding legal agreement between you and Acts of Service outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services.
You may use the Services only if you can form a binding contract with Acts of Service and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to these Terms. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into these Terms, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of Acts of Service’s Website Privacy Notice. These Terms apply to anyone who accesses or uses the Services, whether or not the individual has registered for an account with Acts of Service. By using the Services you agree you accept the terms and conditions of the Terms and Website Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Acts of Service may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.
Acts of Service knows you care about your privacy. Any information you or other users provide to Acts of Service or which we collect about you or others is subject to our Website Privacy Notice. To learn more about how Acts of Service collects, uses, shares, and secures your information, please review Acts of Service’s Website Privacy Notice, which is incorporated into your agreement with Acts of Service by this reference.
- Eligibility to Use the Services
The Services are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Services in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Services you represent and warrant: (1) that you are at least 18 years of age; (2) that you are legally permitted to use the Services; (3) that your use of the Services has not previously been suspended or revoked; and (4) that your use of the Services are allowed by and in compliance with any and all applicable laws and regulations.
- Collection and Use of Data and Information
You acknowledge that when you use, download, or install the Services, Acts of Service may use automatic means to collect information about your computer or devices, and about your use of the Services including, for example, geolocation data about your device, cookies, web beacons, and other online analytic and usage tracking software. You also may be required to provide certain information as a condition to downloading, accessing, or using the Services or certain of its features or functionality. All information Acts of Service collects through or in connection with the Services are subject to Acts of Service’s Website Privacy Notice . By accepting these Terms, by downloading, accessing, or using the Services, or by providing information to Acts of Service under these Terms directly or through the Services, you consent to the full terms of the Website Privacy Notice and the uses of data and information described therein.
- Grant of Limited License. Subject to your compliance with the terms and conditions of these Terms, Acts of Service grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, access, and use the Services in the original unmodified form and format provided by Acts of Service and consistent with the purposes for which Acts of Service prepared, developed, and provided the Services to you during the term and all upgrades, enhancements, and new version releases that may be provided by Acts of Service from time to time, solely for your personal, non-commercial use and in accordance with and for the purposes contemplated by these Terms. Any use of the Services other than as specifically authorized herein is strictly prohibited and will immediately terminate the license granted herein. Acts of Service maintains all ownership of and reserves all rights not expressly granted in these Terms.
- License Restrictions. Except as expressly set forth in Section 6.a., Acts of Service reserves all rights and grants you no further licenses of any kind hereunder, whether by implication, estoppel, or otherwise. Acts of Service licenses the Services to you strictly upon the condition that you accept all terms contained in these Terms. Acts of Service retains the right to revoke and terminate your license at any time for a violation of these Terms, in Acts of Service’s own discretion. Unless otherwise specifically stated in these Terms, you agree that only Acts of Service shall have the right to maintain, enhance or otherwise modify the Services. By accepting these Terms, downloading, accessing, or using the Services, you indicate that you understand these Terms and agree to be bound by all of its terms.
- License Limitations.
As a condition of your license to use the Services, you agree not to use the Services:
(1) for any purpose that is prohibited by these Terms; or
(2) for any other purpose not reasonably intended by Acts of Service as typical or expected use of the Services
consistent with the purpose for which the Services was developed and provided to you. Further, you agree you shall not:
- Use the Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the Acts of Service of law;
- Permit any other person to use your Services Account or operate the Services using your devices;
- Copy, modify, translate, adapt, or otherwise create derivative works of or improvements to the Services, whether or not patentable or otherwise protectable under intellectual property laws, including any revision, abridgment, condensation, or expansion of the Services or any other form in which such the Services may be recast, transferred, or adapted.
- Sublicense, assign, sell, rent, lease, lend, disclose, distribute, publish, transfer or otherwise make available the Services or any features, functionality, or data from or of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by anyone not explicitly authorized to access the Services under these Terms;
- Reverse engineer, disassemble, decompile, decrypt, re-engineer, reverse assemble, reverse compile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof, or unbundle any components of the Services or any part thereof, attempt to create the source code of the Services or its structural framework (in whole or in part), or perform any process intended to determine the source code for the Services;
- Remove, disable, bypass, circumvent or otherwise create or implement any measures or workaround to any copy protection, rights management or security features in or protecting the Services including, without limitation, attempting to circumvent any applicable configuration or usage limitations through any means or using virtualization, multiplexing, branching, or pooling technology to effectively extend the number of instances of the Services or the number of end users having access to the Services’ functionality, or creating multiple the Services Accounts or screen names for an individual the Services user, as applicable;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large impact to Acts of Service’s infrastructure or interfere or attempt to interfere, or attempt to interfere, with the proper working of the Services or any activities conducted on or through the Services;
- Take any action or post or transmit any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any the Services user;
- Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information;
- Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
- Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or
- Cause or permit any third party to do any of the aforementioned.
- Reservation of Rights. You acknowledge and agree the Services are provided under a limited license to use the Services, and are not sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights to the Services other than to use the Services in accordance with the express license granted, subject to all terms, conditions and restrictions, under these Terms. Acts of Service reserves and shall retain its entire right, title, and interest in and to any intangible property rights associated with the Services, including, without limitation, the Services and all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
Acts of Service may from time to time, in its sole discretion, develop and provide the Services updates, which may include upgrades, revisions, modifications, bug fixes, patches, error corrections, and/or new features (collectively, including any related documentation, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services, and Acts of Service may issue such updates without notice to you. You agree Acts of Service has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. You agree all Updates shall be deemed part of the Services and be subject to all terms and conditions of these Terms.
- Accounts and Registration
- Registering for a Services Account. In order to use or access the Services or certain features of the Services, we may require you to register for a user account (a “the Services Account”) and become a registered user of the Services (a “Registered User”). You may not become a Registered User on behalf of someone else. You must register as a Registered User only with your own personal information and credentials. In the event you are asked to obtain a the Services Account and become a Registered User, you agree to: (i) provide accurate, current, and complete information about yourself during the registration process; (ii) maintain and promptly update such information to keep it accurate, current, and complete; (iii) maintain the security of your password, PIN, and login information, and that you will not disclose your password, PIN, or login information to any third party; (iv) accept full responsibility for all use of any the Services Account you register, and for any actions that arise from your Services Account or take place using your Services Account, whether or not you have authorized such activities or actions; and (v) immediately notify Acts of Service of any unauthorized use of your the Services Account. Failure to abide by these Terms shall constitute a breach of the Agreement, which may result in immediate termination of your the Services Account.
- Services Account Data Collection. Acts of Service will collect certain information about you in connection with registration for the Services Account, which may include personal information and other information such as a username, password, personal profile, pictures, or location. Some of this the Services Account information may be displayed within the Services to others who also have access to the Services Accounts associated with you. All information Acts of Service collects through or in connection with the Services and the Services Accounts is subject to Acts of Service’s Website Privacy Notice.
- Your Services Account Information. You may not select or use a the Services Account name, handle, or login that: (i) is comprised of or includes the name of another person with the intent to impersonate that person; (ii) is subject to any rights of a person other than you without appropriate authorization; (iii) suggests a false association between you and Acts of Service; or (iv) that, in Acts of Service’s sole discretion, is offensive, vulgar, or obscene. Acts of Service reserves the right to refuse registration of an Services Account, or cancel any account name, in its sole discretion.
- Acts of Service’s Termination of Your the Services Account. Acts of Service maintains the right to suspend or disable an Services Account, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Agreement, or if Acts of Service otherwise determines such action is warranted. Acts of Service reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event Acts of Service terminates these Terms for your breach, you will remain liable for any amounts due Acts of Service hereunder. Acts of Service may also impose limits on certain the Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services. You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Acts of Service.
- Your Cancellation of Your the Services Account. If you obtain a Services Account, you may cancel your Services Account at any time by contacting Acts of Service using the Contact information provided below. Upon cancellation of your the Services Account, Acts of Service may: (i) retain your information and content for a commercially reasonable time for backup, archival, and/or audit purposes; and (ii) retain, use and continue to show in anonymized form data and information you made available to the public on the Services, including your links to third party content, comments, likes, and similar content.
Acts of Service takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of the Services and information Acts of Service collects about you through your use of the Services, and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Acts of Service implements reasonable security measures consistent with industry standards. Any information you transfer to or from Acts of Service or the Services are transferred at your own risk.
- Modification Of The Agreement
Acts of Service may modify and update these Terms periodically to take into account changes in the Services, Acts of Service’s business, and changes to the law. Acts of Service reserves the right to modify these Terms at any time, in our sole discretion. We may contact you directly in the event of material changes to these Terms, but since we may not always be required to do so, you should periodically review the updated Terms to stay informed of any changes and ensure your continued agreement.
We will notify you of material changes to these Terms by posting a notice at the Services and, if we have email address on file for you, by contacting you via email. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. The terms of the current Agreement supersede all previous notices or statements and become the terms and conditions that govern your use of the Services. You may determine the date the Terms were last amended and the current version by referring to the “Effective” date shown at the top of the Terms. Your use of the Services after the effective date serves as your permission for your personal information to be used under the terms of the current Terms.
- Content Definitions. There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “Acts of Service Content” means Content that Acts of Service makes available to you through the Services, including Content owned by Acts of Service or licensed to Acts of Service from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through the Services, including Acts of Service Content and User Content.
Content Ownership. All Acts of Service Content is owned by Acts of Service or its third party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of the Acts of Service Content, except those rights expressly granted by these Terms. Any copying, republication, redistribution, or creation of derivative works based upon the Acts of Service Content, including by caching, framing or any similar means, without the prior written consent of Acts of Service is strictly prohibited.
The Services and Acts of Service Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Acts of Service and its licensors exclusively own all right, title and interest in and to the Services and Acts of Service Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Acts of Service Content. Acts of Service or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Acts of Service Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of Acts of Service.
You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by Acts of Service, or a third party who licensed the right to use such content to Acts of Service. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that Acts of Service uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Acts of Service or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Acts of Service’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
Acts of Service is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and Acts of Service is not liable for any claims related to such information. Any mention in the Services of products or the Services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Acts of Service. Acts of Service assumes no responsibility for those products or the Services.
Acts of Service’s License to You. Subject to your compliance with these Terms, Acts of Service grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of Acts of Service, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by Acts of Service at any time without notice and with or without cause.
Your License to Acts of Service. Certain features of the Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Services. By making available User Content through the Services, you hereby grant to Acts of Service and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as Acts of Service may designate from time to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, or for advertising or marketing of the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of Acts of Service once you have submitted User Content within the Services.
Your grant of this license to Acts of Service to utilize your User Content and any derivative works of the User Content created by using the Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. Acts of Service does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Acts of Service the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Acts of Service’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
- Intellectual Property
- Definition. “Intellectual Property Rights” means any and all intellectual property and rights including, but not limited to all worldwide current and future registered or unregistered rights in and to all: (i) rights associated with works of authorship including but not limited to copyrights, copyrightable works of authorship, exploitation rights, moral rights, graphics, logos, designs, page headers, button icons, scripts, software, software code, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Services; (ii) trademark, service mark, trade dress, and trade name rights and similar rights; (iii) trade secret rights, including, without limitation, all rights in confidential information, proprietary and trade secret information, proprietary rights whether arising by law or contract; (iv) patents, patentable inventions and processes, designs, algorithms, and other industrial property rights; (v) all other intellectual and industrial property rights of every kind and nature throughout the world however designated, whether arising by operation of law, contract, license, or otherwise, and all registrations, applications, renewals, extensions, continuations, divisions, or reissues hereof now or hereafter in force (including any rights in any of the foregoing) and any tangible embodiments of any of the foregoing.
- Intellectual Property Rights. Acts of Service, along with any third party licensors and partners, own and maintain all right, title, and interest in and to the Services and all related documentation and Intellectual Property Rights. Acts of Service’s Intellectual Property Rights may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to Acts of Service in the Acts of Service’s Intellectual Property Rights, including use of any Acts of Service’s Intellectual Property Rights as part of any software, software code, software platforms, software plugins, integrations with third party software, mobile device software and code, websites, webpages, landing pages, social media integrations, designs, trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
- Intellectual Property Ownership. Nothing contained herein shall be deemed in any way to transfer any ownership or other interest of any Acts of Service’s Intellectual Property Rights to you. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Services, related documentation, or any Intellectual Property Rights owned by Acts of Service. The Acts of Service name and trademarks, any Acts of Service logos and designs, and any product and services names associated with the Services or other Intellectual Property of Acts of Service or its affiliated third parties are owned or licensed by Acts of Service, and no right or license is granted to you by these Terms to you to use Acts of Service’s Intellectual Property Rights for purposes not directly related to your use of the Services.
- Linking & Framing
Acts of Service grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray Acts of Service or its products or Services in a false or misleading manner. You may not use any of Acts of Service’s logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of Acts of Service.
The Services may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook. You acknowledge and agree that the Acts of Service is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Acts of Service of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that Acts of Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
- Representations & Warranties
- Your Representations & Warranties. In addition to other representations and warranties made herein, you expressly represent and warrant that you are legally entitled to enter into these Terms, and that you have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms. You agree to comply with all applicable laws when making use of the Services. You further represent, warrant, and agree that: (i) you will only use the Services for lawful purposes, and will not use the Services for any unlawful or fraudulent purposes; (ii) you will not use the Services to cause nuisance, annoyance or inconvenience; (iii) you will not impair the proper operation of the Services or any network which is used to support or access the Services; (iv) you will not try to harm the Services in any way whatsoever; (v) you will not copy, or distribute the Services or other content without written permission from Acts of Service; (vi) you will only use the Services as agreed to with Acts of Service in an authorized writing, and will not attempt to license or resell any aspect of the Services to any third party without Acts of Service’s express authorization; and (vii) you will keep secure and confidential all account passwords or any identification which allow access to the Services.
- Acts of Service’s Representations & Warranties. Acts of Service warrants to you that Acts of Service will use commercially reasonable efforts to deliver the Services in accordance with these Terms. Acts of Service warrants that the Services will be delivered in a professional and workmanlike manner. Acts of Service further warrants that to the best of Acts of Service’s knowledge, no Services delivered to you hereunder shall infringe on any third party patent, copyright, or other Intellectual Property right.
- Disclaimer of Warranty
IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THESE TERMS, OTHER THAN AS EXPRESSLY STATED IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NO OTHER WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE MADE WITH RESPECT TO THE SERVICES PROVIDED IN CONNECTION WITH THESE TERMS, AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND UNINTERRUPTED, ERROR-FREE USE ARE EXPRESSLY DISCLAIMED. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ACTS OF SERVICE, OPERATION OR MISOPERATION OF THE SERVICES, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR USER INFORMATION THROUGH UNAUTHORIZED USE, THEFT, OR ANY OTHER MEANS. IN NO EVENT WILL ACTS OF SERVICE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY PARTNERS BE HELD LIABLE FOR ANY USE OF THE SERVICES BY A PARTY THAT IS NOT A SERVICES USER, INCLUDING TORTIOUS OR ILLEGAL CONDUCT. ACTS OF SERVICE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR OR ANY STATED REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL ACTS OF SERVICE NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR PARTNERS BE RESPONSIBLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF THE SERVICES PROVIDED OR INFORMATION OR CONTENT OF THE SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS, OR THE SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ACTS OF SERVICE, COMPUTER VIRUSES OR OTHER SIMILAR ITEMS, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ACTS OF SERVICE IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL ACTS OF SERVICE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR PARTNERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERS. IN NO EVENT WILL ACTS OF SERVICE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY, INCLUDING COMPUTING DEVICES, OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. ANY IMPLIED WARRANTIES THAT BY LAW CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO: (I) NINETY (90) DAYS FROM THE DATE OF YOUR ACCEPTANCE OF THESE TERMS; OR (B) THE SHORTEST PERIOD PERMITTED BY LAW, WHICHEVER IS GREATER.
- Limitation of Liability
THE MAXIMUM CUMULATIVE LIABILITY OF ACTS OF SERVICE, ITS MANAGING MEMBER(S), AND OFFICERS TO LICENSEE ARISING OUT OF OR RELATING TO THE SERVICES, OR ANY OTHER ASPECT OF THESE TERMS, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM, ACTION OR PROCEEDING, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED $100 OR THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THE SERVICES, WHICHEVER IS GREATER. IN NO EVENT SHALL ACTS OF SERVICE, ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF DATA, AND BREACH OF DATA SECURITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THE ALLOCATIONS OF LIABILITY REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF THE PARTIES AND PROVIDER’S COMPENSATION FOR THE SERVICES REFLECTS SUCH ALLOCATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO LICENSEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ACTS OF SERVICE IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
You agree you shall indemnify and hold harmless Acts of Service, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all claims, loss, injury, death, damage, liability, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to your use of the Services, violation of these Terms, the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your Services Account, information, login, or password. Acts of Service reserves the right, at our own expense, to assume the exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification by you. You will be liable to Acts of Service for Acts of Service’s reasonable attorney fees in such case.
Term and Termination
Acts of Service may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. Acts of Service may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.
Acts of Service may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
Acts of Service may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any Acts of Service account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Acts of Service using the information below. You are solely responsible for your interactions with other Users of the Services. Acts of Service reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Acts of Service. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of these Terms and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of these Terms, which by their nature should survive termination, shall survive the termination of these Terms, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
- Third Party Advertising & Marketing
Acts of Service may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Services, and via other mechanisms to provide such materials to you outside of the Services such as on third party websites or platforms. By consenting to these Terms, you agree to receive such advertising and marketing from Acts of Service and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. Acts of Service may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
- Third Party Materials and Information
- Third Party Materials and Information. Acts of Service may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (“Third Party Materials”) through the Services. You hereby acknowledge and agree Acts of Service is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, safety, decency, quality or any other aspect thereof. Acts of Service does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
- Third Party Software. Certain software Acts of Service provides to you through or relating to the Services may contain certain third-party software, including but not limited to “open source” software. Acts of Service represents and warrants that the licenses governing the use of such third party software allow for Acts of Service’s use and incorporation of such third party software in the Services and Acts of Service’s ability to license the Services to you for the uses described herein, provided that your use of the Services are limited to the Services’ intended use and the license granted by these Terms.
- No Warranty. Acts of Service makes no warranty or representation whatsoever, express or implied, with respect to the merchantability or fitness for any purpose with respect to the third party software, nor does Acts of Service assume any liability whatsoever with respect to any use of third party software or any portion thereof or with respect to any damages which may result from such use. Any warranties provided hereunder by Acts of Service to you shall not be construed as warranties made by the third party software owner.
- Additional Terms
- Apple. Versions of the Services downloaded through the Apple® iTunes® app store are designed for use with certain Apple, Inc. (“Apple”) devices. By downloading, accessing, or using the Services, you acknowledge that you have also reviewed and accepted, and will regularly review and accept any changes to, the Apple iTunes Store Agreement and Conditions (which may be available at http://www.apple.com/legal/itunes/us/terms.html#APPS); Apple’s Privacy Notice (which may be available at http://www.apple.com/privacy); Apple’s Licensed Application End User Agreement (“Apple LAEULA”) (which may be available at http://www.apple.com/legal/macapps/stdeula/), and all other relevant agreements required by Apple. For the purposes of the Apple LAEULA these Terms is a “valid end user Agreement between you and the Licensor of that App Store Product.”
- Electronic Communications
As part of your use of the Services, you may be asked to elect to receive certain email notifications from Acts of Service and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Acts of Service related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important the Services announcements or notifications even if you have opted-out from other messages.
You shall have no right to assign or transfer these Terms or any license granted hereunder, in whole or in part, to any third party without Acts of Service’s express prior written consent. Any attempt by you to assign or transfer your rights under these Terms without such consent is null and void. These Terms shall be binding on the parties and their respective permitted successors and assigns and shall inure to the benefit of the parties and their respective permitted successors and assigns. Notwithstanding the foregoing, Acts of Service may, at its sole and absolute discretion, assign its rights in and to the Services and its rights under these Terms to any third party at any time without notice.
- Equitable Remedies
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under these Terms would cause Acts of Service irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, Acts of Service will be entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
- Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- International Use
The Services are controlled and operated by Acts of Service from within the United States. Acts of Service makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
- Governing Law; Venue; Compliance; Jury Waiver; Attorney’s Fees
- Governing Law and Venue. These Terms shall be governed, construed and interpreted in accordance with the laws of the State of Indiana, which shall apply without regard to any choice of laws or conflict of law provisions which would direct the application of the laws of another jurisdiction. Venue for any litigation filed with respect to these Terms shall be exclusive in the courts, state or federal, sitting in Elkhart County, Indiana.
- Compliance with the Law. Acts of Service reserves the right at all times to disclose any information as Acts of Service deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Acts of Service’s sole discretion. Users of the Services are responsible for compliance with all applicable regulations and laws.
- Jury Waiver. TO THE EXTENT ALLOWED BY THE GOVERNING LAW, EACH PARTY HEREBY WAIVES ALL RIGHTS TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION INVOLVING THESE TERMS. Nothing herein shall prohibit a party from availing itself of a court of competent jurisdiction for the purpose of injunctive relief.
- Attorneys’ Fees. In the event Acts of Service institutes suit to enforce any right or obligation against you arising from or incidental to these Terms, Acts of Service shall be entitled to recover, in addition to any damages or other relief awarded to it, reasonable attorney’s fees, court costs, fees of testifying experts or consultants, and other expenses related thereto.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
All provisions of these Terms, which by their nature should survive termination shall survive the termination of these Terms, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
- Independent Entities
The parties are separate independent entities, and nothing herein is intended or will be construed as creating a partnership, employment, joint venture or agency relationship between the parties.
All notices, requests, demands, waivers, consents, approvals or other communications required or permitted hereunder shall be in writing, and shall be deemed immediately effective when (i) delivered personally, (ii) sent by a nationally recognized same day or overnight courier service, (iii) sent by certified United States mail with first class postage prepaid and return receipt requested, or (iv) sent by equipment which transmits a fax with a printed confirmation page showing receipt of all pages. In each case the notice or other communication shall be addressed to the affected party or parties at the addresses or fax numbers set forth below their signatures, or to such other addresses or fax numbers as the parties may hereafter designate in writing.
The Article and Section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
- Waiver of Terms
No waiver by a party of any of the terms, provisions, or conditions hereof shall be effective unless said waiver shall be in a writing signed by an authorized officer of the party against whom the waiver is sought to be enforced. The failure of either party to enforce any term, provision or condition of these Terms shall in no manner affect the right to enforce the same at a later time, and the waiver by either party of any breach of any term, provision or condition in these Terms shall not be construed to be a waiver by such party of any subsequent or succeeding breach of such term, provision or condition or a waiver by such party of any breach of any other term, provision or condition.
- Entire Agreement
These Terms embody the entire agreement between you and Acts of Service with respect to the Services and supersedes and replaces all other agreements existing between Acts of Service and you with respect to the Services. If there is a conflict between these Terms and any other agreement between the parties, the more restrictive on you shall control. Neither of the parties shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter of these Terms other than as expressly provided herein.
All requests, questions, or concerns related to the Services and these Terms should be directed to Acts of Service via the following contact information:
Community Foundation of Elkhart County
300 Nibco Parkway, Suite 301
P.O. Box 2932
Elkhart, IN 46515
United States of America