INTELLECTUAL PROPERTY RIGHTS
The materials provided on the Site, including but not limited to information, documents, articles, images, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“Site Content”) are provided either by the Foundation or by its service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. The Foundation grants you a non-exclusive, revocable, limited license to view and use the Site, the Site Content and those services offered via the Site (e.g., donation acceptance and processing services) for personal, non-commercial purposes.
Permission from the Foundation must be obtained before any Site Content or any services offered through the Site are copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except in connection with the following permitted uses (“Permitted Uses”): (1) learning about nonprofit organizations for purposes of evaluating them as potential recipients of personal charitable donations or donations from funds housed within the Foundation; (2) investigating nonprofit organizations for purposes of providing goods or services to them or entering into other business relationships with them; and (3) conducting comparative or other “best practices” research purposes. Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice: “© 2013 by the Orange County Community Foundation. Reprinted with permission from the Orange County Community Foundation.” For our records, we request that you provide us with a copy of the material in which our information is used.
Links to the Site. The Foundation welcomes links to the Site. You are free to establish a hypertext link to the home page of the Site so long as (a) the link does not state or imply any sponsorship of your site by the Foundation; and (b) you do not link to any page within the Site beyond the home page or first page without first obtaining the Foundation’s prior written consent.
No Framing. Without the Foundation’s prior written permission, you may not frame or in-line link any of the Site Content or any services offered through the Site, or incorporate into any other website or other service any of the intellectual property of the Site, the Foundation or its service providers.
Notice and Takedown Request
The Foundation respects others’ intellectual property rights; however, the Site contains information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to the Foundation’s Copyright Agent at [email protected] (via electronic mail) or 4041 MacArthur Blvd, Suite 510, Newport Beach, CA 92660 (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any content that you previously submitted to the Site that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to the Foundation’s Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Foundation’s Copyright Agent, the Foundation may send a copy of the counter-notice to the original complaining party informing that person that the Foundation may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Foundation’s sole discretion.
NO UNLAWFUL OR PROHIBITED USE
While using the Site, you may not:
CONTENT SUBMISSION GUIDELINES
Any party posting information represents that he or she is the sole owner of all rights in such materials, including copyrights, or otherwise has all necessary rights to use and license the use of such materials. The posting party agrees that the Foundation may use in any manner and without limitation all such posted materials, that all such materials will become a part of the Foundation database, and the Foundation will own all content that it creates based upon or incorporating such material. The posting party hereby grants to the Foundation and its representatives and agents a perpetual, worldwide, irrevocable right and license to use, reproduce, display, publish, perform, modify and distribute such materials and any portion or derivative work thereof, with the right to assign and sublicense, without any obligation of compensation, credit or attribution to the posting party.
Please note that you are solely responsible for the documents you upload to the Site. Without limiting the restrictions set forth above in the Prohibited Use section, you agree that you will not upload Schedule B (List of Contributors) with the Form 990 for any public charity. You agree to block any signatures, social security numbers, and personal addresses from documents that you upload to the Site. The Foundation reserves the right to refuse any document for any reason. In addition, the Foundation has the right to remove or disable access to any document at any time for any reason.
Unless otherwise specifically indicated, the presence of information on the Site regarding any nonprofit organization does not mean that the Foundation endorses or supports that organization. The information provided on each profile is provided by the nonprofit organization itself or obtained from publicly available data. The Foundation does not guarantee the accuracy of any such data or make any representations or warranties with regard to any organization profile in this database. An organizational profile, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, the Foundation will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact the Foundation.
NO FINANCIAL, LEGAL OR TAX ADVICE
The information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.
The Foundation may, in its sole discretion, accept advertising on the Site. However, the Foundation makes no representations or warranties of any kind, whether express or implied, regarding any of the advertisements located on the Site. You agree that each advertiser, and not the Foundation, is responsible for the accuracy and content of its advertisements. Any dealings that you have with advertisers found on the Site are between you and the advertiser. Therefore we recommend that you undertake your own due diligence before entering into any agreement with an advertiser. You acknowledge and agree that we will not be liable for any loss or claim you may have against an advertiser whether arising out of such advertiser’s content, services or products. If you decide to use third-party services, you are responsible for reviewing and understanding the terms and conditions governing any third-party services. You agree that the third party, and not the Foundation, is ultimately responsible for the performance of the third-party services and/or the provision of the third-party products.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION DISCLAIMS ON BEHALF OF ITSELF AS WELL AS ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE FOUNDATION, ITS AFFILIATES, PARTNERS OR ITS SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THIS WEB SITE OR CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT THE FOUNDATION’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE OR ANY OF THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED $1.
SPECIAL JURISDICTIONAL ISSUES
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH READS: “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.”
GOVERNING LAW; LOCATION OF LAWSUITS
DONATIONS MADE THROUGH THE DONATE NOW WIDGET or Third Party Donation Services
LICENSES AND RELEASE BETWEEN THE FOUNDATION AND PROFILED AGENCIES
MODIFICATIONS TO THE SITE
The Foundation, its partners, or its service providers reserves the right, for any reason and without notice, in its sole discretion, to change, modify, add, suspend, remove, discontinue or terminate access, in whole or in part, to the Site or any aspects of the Site at any time. The Foundation further reserves the right to impose registration, password and other securities precautions on access to certain portions of the Site at any time.