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Terms of Use

Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT IDEALISTICS, INC. (“IDEALISTICS”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT IDEALISTICS MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “IDEALISTICS WEBSITE.”

Use of the Idealistics Websites

Except as set forth in “Other agreements; software, services or access” below, Idealistics authorizes you to use the Idealistics Website only for your own personal, non-commercial purposes. Use of the Idealistics Website for any public or commercial purpose is strictly prohibited.

Access

When you register to open an account anywhere on the Idealistics Website, or when you contact Idealistics through the Idealistics Website, Idealistics may collect certain personal information about you.  Idealistics’s use of such information is governed by the provisions of the Idealistics Privacy Statement, which can be found at: http://www.idealistics.org/privacy-policy.   You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Idealistics Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Idealistics Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Idealistics immediately of any unauthorized use of your password or any other breach of security related to the Idealistics Website. Idealistics reserves the right to require you to change your password if Idealistics believes that your password no longer is secure.

Prohibited uses

You agree not to use the Idealistics Website (including, without limitation, any Materials or Services you may obtain through your use of the Idealistcs Website): (a) in a manner that violates any law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Idealistics Website or servers or networks connected to the Idealistics Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Idealistics Website; or (y) attempt to gain unauthorized access to any portion of the Idealistics Website or any other accounts, computer systems, or networks connected to the Idealistics Website, whether through hacking, password mining, or any other means.

Termination

Idealistics may terminate, suspend, or modify your registration with, or access to, all or part of the Idealistics Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Idealistics Website at any time.

Disclaimers

THE IDEALISTICS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IDEALISTICS WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT IDEALISTICS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. IDEALISTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE IDEALISTICS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IDEALISTICS MAKES NO WARRANTY THAT THE IDEALISTICS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE IDEALISTICS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE IDEALISTICS WEBSITE WILL BE CORRECTED. IDEALISTICS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IDEALISTICS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE IDEALISTICS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE IDEALISTICS WEBSITES OR FROM IDEALISTICS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) (COLLECTIVELY, “THE IDEALISTICS PARTIES”) SHALL CREATE ANY WARRANTY. IDEALISTICS DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of Liability

IN NO EVENT WILL ANY OF THE IDEALISTICS PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE IDEALISTICS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE IDEALISTICS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY IDEALISTICS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Idealistics Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Idealistics Party’s liability shall be the minimum permitted under such applicable law.

Other agreements; software, services or access

Idealistics may provide products and services or access to the Idealistics Website under the terms of a separate agreement between you and Idealistics (“Other Agreement”). Idealistics’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available to download from the Idealistics Website (“Software”) is governed by the terms of the end user license agreement which accompanies the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms.

Modifications to the Idealistics Website

Idealistics reserves the right to modify, suspend, or discontinue the Idealistics Website at any time without notice to you. The Materials and Services may be out of date and Idealistics makes no commitment to update the Materials and Services whatsoever.

User submissions

Certain areas of the Idealistics Website may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Idealistics an irrevocable, perpetual, transferable, non-exclusive license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Idealistics deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). You agree that you are solely responsible for all of your User Submissions. Idealistcs is not required to host, display, or distribute any User Submissions on or through the Idealistics Website and may remove at any time or refuse any User Submissions for any reason. Idealistics is not responsible for any loss, theft, or damage of any kind to any User Submissions. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Idealistics will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Idealistics does not guarantee that you will have any recourse through Idealistics or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:

  1. you own all rights in your User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Idealistcs the rights in your User Submissions described herein;
  2. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  3. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Idealistics described herein;
  4. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal rights of any third party;
  5. you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
  6. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  7. your User Submission does not violate any law;
  8. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  9. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  10. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
  11. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  12. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
  13. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to third-party websites

Links on the Idealistics Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Idealistics Website. Idealistics is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Idealistics does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Idealistics website, you do this entirely at your own risk.

Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent Idealistics written authorization otherwise, a website that links to this Site:

  1. may link to, but shall not replicate, any Materials (including any Idealistics logo);
  2. shall not create a browser or border environment around any Materials;
  3. shall not imply that Idealistics endorses such website or any products, services, or content available through such website;
  4. shall not misrepresent its relationship with Idealistics;
  5. shall not present false or misleading information about Idealisitcs, its products, or its services; and
  6. shall not contain content that could be construed as distasteful, offensive, or controversial.

Indemnification

You agree to indemnify, defend, and hold harmless the Idealistics Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Idealistics reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Idealistics’s defense of such claim.

Electronic communications

When you visit the Site or send e-mails to Idealistics, you are communicating with Idealistics electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Idealistics provides to you electronically satisfy any legal requirement that such communications be in writing.

General

These Terms, together with any additional terms to which you agree when using particular elements of the Idealistics Website, constitute the entire and exclusive and final statement of the agreement between you and Idealistics with respect to the subject matter hereof.  The Idealistics Parties are third-party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Idealistics shall be governed by the laws of the State of California.  The failure of Idealistics to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Idealistics and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Idealistics Website.

Modifications to these Terms

Idealistics reserves the right to change these Terms of Use at any time without further notice.  The changes will be posted on this Terms of Use webpage and the last revision date will be updated.

Date of last revision: October 3, 2011