Last Updated: March 31, 2016
Welcome, and thank you for your interest in Humane Society Silicon Valley (“HSSV,” “we,” or “us”) and our website at www.hssv.org, along with our related websites, for example our peer-to-peer fundraising portal, networks, applications, and other services provided by us (collectively, our “Sites”). These Terms of Service are a legally binding contract between you and HSSV regarding your use of the Sites.
1. About Us. HSSV is an independent, privately funded 501(c)(3) non-profit organization that has been connecting people and pets in the Silicon Valley community for over 85 years. Our Sites contain information regarding pets available for adoption, our shelter medicine program, volunteer and educational programs, fundraising programs, and progressive behavior and training programs that provide ongoing support to adopters. Through the Sites, you may access certain services we may offer from time to time, such as signing up for such programs, creating fundraising events, donating to our organization, and signing up to receive emails from us.
2. Eligibility. You must be at least 13 years of age to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Sites; and (c) your registration and your use of the Sites is in compliance with all applicable laws and regulations. If you are using the Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. Accounts and Registration. To access certain features of the Sites, you must register for an account. For example, you must register for an account when you make donations, create a peer-to-peer fundraising event, sign up for educational programs, or otherwise sign up via the Sites to participate in any HSSV events. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
4. Donations. You may donate to HSSV by using the “Donate” link on the Sites. ALL DONATIONS ARE FINAL AND NONREFUNDABLE UNLESS HSSV DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE.
4.2 Recurring Donations. If you set up recurring donations, you authorize us to continue to charge your credit card or PayPal account on a monthly basis. YOU MAY PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS BY CONTACTING US AT DONATIONS@HSSV.ORG. UPON YOUR PROVIDING NOTICE TO HSSV TO TERMINATE RECURRING DONATIONS, HSSV WILL USE REASONABLE EFFORTS TO UPDATE YOUR DONATION PREFERENCES PROMPTLY. IF YOU PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS LESS THAN 10 DAYS PRIOR TO A SCHEDULED MONTHLY CHARGE, WE MAY NOT BE ABLE TO CANCEL THE MONTHLY CHARGE UNTIL THE NEXT MONTHLY CYCLE.
4.3 Telephone Calls. You consent to receive autodialed or prerecorded calls from us and our service providers, on our behalf, at any telephone number that you have provided to us or that we have otherwise obtained to (i) notify you regarding your account; (ii) contact you about previous or future donations; (iii) resolve a dispute; or (iv) otherwise provide our services or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase on the Site. Standard telephone minute charges may apply. We may, without further notice or warning and in our discretion, monitor or record telephone conversations we or our service providers have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.
5. User Content
5.1 User Content Generally. Certain features of the Sites may permit users to upload content to the Sites, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Sites. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Sites.
5.2 Limited License Grant to HSSV. By posting or publishing User Content, you grant HSSV a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up right and license (with the right to sublicense) to host, store, transfer, transmit, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
5.3 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize HSSV to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by HSSV, the Sites, and these Terms; and
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause HSSV to violate any law or regulation.
5.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. HSSV may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Sites you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HSSV with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, HSSV does not permit copyright-infringing activities on the Sites.
6. Digital Millennium Copyright Act
6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Sites, you may contact our Designated Agent at the following address:
Humane Society Silicon Valley
ATTN: Legal Department (Copyright Notification)
901 Ames Ave. Milpitas, CA 95035
Any notice alleging that materials hosted by or distributed through the Sites infringe intellectual property rights must include: a detailed description of the claim of infringement, location of the allegedly infringing content, the basis for the claim of infringement, and your contact information.
6.2 Repeat Infringers. HSSV will promptly terminate without notice the accounts of users that are determined by HSSV to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Sites at least twice.
7. Prohibited Conduct. BY USING THE SITES YOU AGREE NOT TO:
7.1 use the Sites for any illegal purpose or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
7.4 post, upload, or distribute any User Content or other content that depicts violence against pets adopted from HSSV or violence against or mistreatment of people or animals;
7.5 interfere with security-related features of the Sites, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Sites except to the extent that the activity is expressly permitted by applicable law;
7.6 interfere with the operation of the Sites or any user’s enjoyment of the Sites, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Sites; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites, or violating any regulation, policy, or procedure of any such network, equipment, or server;
7.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Sites account without permission, or falsifying your age or date of birth;
7.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or
7.9 attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.
8. Third Party Services and Linked Websites. HSSV may provide tools through the Sites that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on HSSV with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). HSSV may also contract with third party service providers to provide or support certain aspects of the Sites, including storing and managing your personal information when you make a donation, set up a fundraising event, or register for a HSSV event, such as through the Convio or Blackbaud platforms. By using one of these tools, you agree that we may transfer that information to the applicable third party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Sites may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
9. Termination of Use; Discontinuation and Modification of the Sites. You may terminate your account at any time by contacting customer service at email@example.com. If you violate any provision of these Terms, your permission from us to use the Sites will terminate automatically. In addition, HSSV may in its sole discretion terminate your user account on the Sites or suspend or terminate your access to the Sites at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Sites at any time (including by limiting or discontinuing certain features of the Sites), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Sites or any suspension or termination of your access to or use of the Sites.
10.2 Additional Terms. Your use of the Sites is subject to all additional terms, policies, rules, or guidelines applicable to the Sites or certain features of the Sites that we may post on or link to from the Sites (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Sites, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Sites. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Ownership; Proprietary Rights. The Sites are owned and operated by HSSV. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided by HSSV are protected by intellectual property and other laws. All Materials included in the Sites are the property of HSSV or our third party licensors. Except as expressly authorized by HSSV, you may not make use of the Materials. HSSV reserves all rights to the Materials not granted expressly in these Terms. Nothing contained in these Terms shall grant or shall be deemed to grant to you any right, title or interest in or to HSSV’s trademarks, trade names, or service marks (“HSSV Marks”), all of which are retained exclusively by HSSV, including all intellectual property rights therein and goodwill with respect thereto.
13. No Implied Endorsements. In no event shall any reference in these Sites to any third party or third party product or service be construed as an approval or endorsement by HSSV of that third party or of any product or service provided by a third party. Likewise, a link to any non-HSSV website does not imply that we endorse or accept any responsibility for the content or use of such a website.
14. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Sites (“Feedback”), then you hereby grant HSSV an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Sites and create other products and services.
15. Indemnity. You are responsible for your use of the Sites, and you will defend and indemnify HSSV and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “HSSV Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Sites; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
16. Disclaimers; No Warranties
THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HSSV ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HSSV ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE HSSV ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE CONTENT ON THE SITES IS PROVIDED FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE LEGAL OR TAX ADVICE FROM THE HSSV ENTITIES. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALING WITH ANY OTHER SITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
17. Limitation of Liability
IN NO EVENT WILL THE HSSV ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HSSV ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE HSSV ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND HSSV UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HSSV. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and HSSV agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the Sites from our offices in California, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.
19.1 Generally. Any dispute between you and HSSV with respect to these Terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through binding arbitration in San Francisco, California, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting HSSV.
19.2 No Class Actions. YOU AND HSSV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HSSV agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.3 Enforceability. If Section 19.2 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, you and HSSV agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.
22. Contact Information. The Sites are offered by Humane Society Silicon Valley, located at 901 Ames Ave. Milpitas, CA 95035. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.