1. Description of Services. In the Site, Fivers provides registered organizations a peer to peer recognition system (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access. Fivers grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Fivers sole discretion) an unreasonable or disproportionately large load on Fivers infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Fivers to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you or your organization by Fivers.
3. User Eligibility. The Fivers service is not available to any users suspended or removed from the system by Fivers for any reason. If you or your organization do not qualify, you may not use the Fivers Service or the Site. In consideration of your use of the Site, you represent that you legally belong to the organization and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fivers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fivers has the right to refuse any and all current or future use of the Site (or any portion thereof).
4. Submitted Content. For purposes of this Agreement, the term "Content" means any work of authorship and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features. As between you and Fivers, you retain ownership of all intellectual property rights to your Content, and Fivers retains ownership of all intellectual property rights to its Service and all Content made available through the Service other than your Content. 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 Service or any Content made available through the Service (other than your own Content). As a Subscriber of the Service, you grant to Fivers a worldwide, non-exclusive, royalty-free, full-paid, irrevocable (other than a termination of this Agreement), transferable right and license to download, copy, store, view, display, perform, and analyze the Content uploaded and/or posted to Fivers for (1) purposes of operating and providing the Service and (2) Fivers internal business purposes, including without limitation for analyzing usage of and improving its Service.
5. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIVERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
6. Indemnity. You agree to indemnify and hold Fivers (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
8. Links. The Site or third parties may provide links to other World Wide Web sites or resources. Because Fivers has no control over such sites and resources, you acknowledge and agree that Fivers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fivers 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.
10. Site-Provided Email and Postings. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Fivers is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Fivers may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Impersonate others or provide any kind of false information.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of Fivers purporting to speak on behalf of Fivers or containing confidential information or expressing opinions concerning Fivers.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Fivers invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Fivers to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
11. Organizations and Companies. In consideration of your use of the Services, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Registration Process ("Registration Data"); and
- maintain and promptly update your Registration Data to keep it true, accurate, current, and complete.
- If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Fivers has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Fivers may terminate your Account and refuse current or future use of any or all of the Services.
13. Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
14. Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Fivers and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Fivers or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
15. Modification and Notification of Changes. Fivers reserves the right to modify or replace this Agreement at any time and in Fivers sole discretion. Fivers will indicate at the top of this Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Service following the posting of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service.
16. Procedure for Claims of Intellectual Property Infringement. Fivers respects the intellectual property of others, and we ask our users to do the same. Fivers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fivers Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Fivers agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
17. By email: firstname.lastname@example.org
18. Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
19. General. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Fivers may offer special promotional offers which may or may not apply to your Fivers account. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Fivers will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Fivers agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Fivers to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Fivers does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Fivers and governs your use of the Site, superseding any prior agreements between you and Fivers with respect to the Site.