Terms of Service
A. Mission and Purpose
Welcome to Idealist. We provide tools for people and eligible organizations interested in bridging the gap between intention and action to do more good in the world.
B. Scope and Intent
These terms of service (“Terms of Service“) are by and between Action Without Borders, Inc. a.k.a., “Idealist,” and its affiliates (“Idealist”, “we” or “us“) and you (“User” or “you“). They govern your access to and use of any content, support and functionality offered by Idealist, including your use of our Services and Sites (both as defined below). Your use of Idealist’s Services or Sites (collectively, our “Offerings“), whether as a guest or a registered user indicate your acceptance of this Agreement.
As a User:
- if you are an individual, you affirm that you are of legal age to form a binding contract with Idealist and meet all of the foregoing eligibility requirements. If you are an individual under 13 years old, you must obtain the consent of your parent or legal guardian to use our Offerings;
- if you are an organization, you affirm that you are a nonprofit or community organization, a social enterprise, a government agency (other than a military or intelligence agency), or a business that provides services to nonprofits or government agencies, such as a recruiting firm or consultant or vendor; and/or
- whether an individual or an organization, you shall not to engage in violence, illegal activity, discrimination, or hate while using or otherwise in association with Idealist or its Offerings, as further outlined in Section II(D).
If you do not agree with this Agreement, you should not use, register for, access, or view our Offerings.
D. Our Sites and Services
Idealist offers some of the Services through our websites, which includes but shall not be limited to www.idealist.org, www.idealistcareers.org, www.idealistvolunteering.org, www.blog.es.idealist.org, www.act.idealist.org, or www.idealistgradschool.org (each a “Site,” collectively the “Sites“).
Idealist offers a collection of services (the “Services”) to help connect people and organizations around the world, through our Sites, our mobile applications (“Mobile App”), Events, or emails. These Services include, without limitation:
(1) Idealist’s Organization Database. The organization database (the “Organizational Database”) contains information about (i) nonprofit organizations, community groups, social enterprises, government agencies, recruiters, and consultants and vendors from around the world (collectively, “Organization” or generally, a “User”); and (ii) volunteer opportunities, jobs, and internships, among other things.
If you are the administrator of an Organization, you can submit job openings, volunteer opportunities, internships, or other information that can be posted on or through the Offerings and stored in the Organization Database (each a “Listing”).
Anyone can search and access the Organization Database for information about Organizations and Listings. Searches can be narrowed or expanded by adding and removing search terms, and/or by clicking on field values suggested by our system. More specific search query terms can be included to conduct more advanced searches. At any point in a search, a particular set of search terms can be saved for later reuse.
(2) Idealist’s Individual User Accounts. If you are an individual (“Individual User” or generally, a “User”), you may create and submit an account to give you access to certain features of our various Offerings. You can opt to receive and customize email alerts with information about Listings, or events by organizations or individuals through our Offerings. You can also save Listings, choose to receive occasional updates about Idealist events (“Events”) and Services, and other notifications. As an Individual User, you may also enter into groups (“Groups”) wherein you and other Users may share ideas and plan gatherings with local volunteering projects or agendas (“Idealist Day Events”).
Idealist’s Individual User accounts may also contain additional information voluntarily submitted by the User including: (i) personal information; (ii) interests and preferences; (iii) skills of the individuals; (iv) schedules and locations of the individuals; and (v) other relevant information. Organizations may search and access certain Idealist databases to find Individual Users based on name, location, and other keywords, to find Individual Users who are looking for specific jobs, volunteer opportunities, friends/collaborators, or clients.
A Site may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow Organizations, Individual Users, and Groups to post, submit, publish, display or transmit to other Organizations, Individual Users, or other persons (hereinafter, “post“) content or materials (collectively, “Contributions“) on or through our Offerings.
(3) Idealist Email Communication. From time to time, Idealist may send email communication to Individual Users, Organizations, and Groups in connection with their use of our Services. Organizations may receive email communication from Idealist in conjunction with their Listings, such as an email confirmation that the Listing has gone live. Organizations may also receive informational emails describing how to use our Services, or on related topics such as human resources and hiring policies. Individuals Users may receive email communication reminding them of events they’ve signed up for, or Listing recommendations based on their interests and searches. Individual Users who create Groups may also receive email communication relevant to their Group, as well as other tools and resources at their disposal in the Services. Idealist may also send email communication updating you of the latest features we’ve added to our Services.
(4) Idealist Mobile Application. The Mobile App brings the power of our Services to the palm of your hand. The Mobile App allows Individual Users to connect with other Individual Users in the same area who share similar community objectives. Individual Users can then organically organize Idealist Day Events, or simply meet up to share ideas on how to volunteer together. The Mobile App also offers other resources linked to our Sites, such as job searching guides, career development guides, and more. From time to time, Individual Users who consent through the Mobile App may receive pop-up notifications to their mobile device.
(5) Other Resources. The Offerings may contain a variety of other resources, including mobile applications, blog entries, and guides, for:
- job seekers and nonprofit professionals;
- people interested in graduate school;
- individuals who wish to start their own community projects or connect with other members; and
- potential volunteers.
II. YOUR RIGHTS AND OBLIGATIONS
Idealist provides Offerings for the benefit of the world-at-large, connecting people and organizations to turn good intentions into action. However, as in most community-focused environments, progress only occurs if everyone cooperates and abides by the rules. These Terms of Service define the obligations that you agree to adopt in exchange for the right to use our Offerings.
A. Applicable Laws and this Agreement
You agree to comply with all applicable laws, rules, regulations, judicial authorities, subpoenas, investigative demands, or similar processes (collectively “Laws”) and this Agreement, and to review and comply with notices sent by Idealist concerning our Offerings.
B. Content and Ownership
The majority of the content made available by Idealist is generated and posted by Organizations and Individual Users. Our mission is to provide a safe space so that no opportunity for action or collaboration is wasted and no connection is missed. However, we consider it to be the responsibility of all Users to help make the Idealist ecosystem a safe and trusted place.
You agree to use our Offerings in a professional manner and, within the Idealist environment, to help build a world where all people can live free and dignified lives.
EACH ORGANIZATION AND INDIVIDUAL USER OWNS AND IS RESPONSIBLE FOR THE CONTRIBUTIONS THAT IT/S/HE POSTS ON OR THROUGH OUR OFFERINGS, INCLUDING CONTRIBUTIONS THAT IT/S/HE PUBLISHES AND MAKES AVAILABLE FOR OTHER USERS TO VIEW.
(1) Representations and Warranties. All Contributions of Organizations and Individual Users must comply with the content standards set out in this Agreement.
Any Contribution, whether by an Organization or Individual User, posted to the Site will be considered non-confidential and non-proprietary. Subject to this Agreement, by providing any Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the limited, non-exclusive right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You understand, acknowledge, represent and warrant that:
- The Contribution you submit is accurate and lawful. It is solely your, and not Idealist’s, responsibility to ensure the accuracy, reliability, appropriateness, and legality of your submitted content and to update that Contribution as appropriate.
- You own or control all rights in and to your Contributions and have the right to grant the license granted above.
- All of your Contributions do and will comply with this Agreement and applicable Law. The posting of a Contribution is not in violation of any contractual restrictions or other third party rights.
- Idealist is not responsible, or liable to any third party, for the content or lawfulness, reliability, appropriateness, or accuracy of any Contributions posted by you or any other User of our Offerings.
(2) Consent License and Use of Content.
All Contributions, whether by an Organization or Individual User that are published on or through our Offerings reach thousands of registered Users both through our Offerings, including via email alerts. These Contributions may also be accessed by individuals not registered with Idealist when, for example, they receive information forwarded to them by someone else or if you make such information visible to Internet users outside of Idealist.
In order for you to share your Contributions with others, Idealist may need both your consent and license to use and reproduce your Contributions, in whole or in part, in, on or through our Offerings. Idealist’s use of your personal information is subject to our EU GDPR Policy. We ask that you see our EU GDPR Policy for further details. We also require a license to reproduce any information you share to or through our Offerings. By submitting, posting or displaying any content to, on or through our Offerings, you agree to grant Idealist a non-exclusive, worldwide, assignable, sub-licensable, and royalty-free right that permits us to copy, distribute, publish, remove, retain, and use your content or information, in whole or in part, without any further notice or compensation for the sole purpose of enabling Idealist to provide the Offerings in accordance with this Agreement.
With the objective of reaching more people and facilitating connections, subject to our EU GDPR Policy, you hereby grant Idealist the right to share your Contributions from our Offerings with our partner and third-party supplier sites. In addition, and subject to our EU GDPR Policy, information published on or through our Offerings may become public information at the time of its distribution on other sites, via email alerts, RSS feeds, search engines, and other social media tools.
Furthermore, by submitting or posting Contributions, whether by Organizations or Individual Users, on or through our Offerings, you agree to provide other users with a Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License governing such content, which is incorporated by reference herein and can be read in full at http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode. You also agree to comply with the terms of this license when using other Users’ content. This license permits our other Users to download and share content from our Offerings, which may incorporate your personal information and Contribution, provided that they properly attribute the work to the author, do not alter it in any way, and do not copy or use the work for commercial purposes.
Attribution for your Contribution may be subject to our EU GDPR Policy. Please do not place other’s personal information into any Contribution without the express consent of the owner of such personal information, with such consent being fully transferable to idealist, its partners and third-party suppliers. You shall be fully responsible for any unauthorized personal information you put on or in Idealist Offerings, releasing Idealist from any and all liability for such acts or omissions by you.
(3) User-to-User Communication and Sharing.
Our Offerings include various spaces, forums and blogs where you can post your observations and comments on designated topics. Idealist cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on or through our Offerings.
Our reporting system allows registered Users to report posted content that violates Idealist’s Mission and Purpose (see Section I(A)) and this Agreement. To ensure the quality and appropriateness of our Offerings’ content, Idealist reserves the right to remove any Contribution for any reason, including violations of this Agreement, or any applicable Laws (including, without limitation, Laws protecting the safety, security, and privacy of others, intellectual property and employment rights).
Our staff receives a notice each time a Contribution is reported or “flagged” and that Contribution may be immediately removed from any Offering. We then determine whether the reported Contribution does in fact violate our Mission and Purpose or other parts of this Agreement, and will take appropriate action to resolve the issue, the nature of such action depending on the particular circumstances at issue. Users who feel that their content has been modified or removed in error may contact us here. Subject to applicable Law, under certain conditions, we may, at our discretion (but under no obligation), restore deleted material, or contact the offending User to request changes, amendments, or deletion of their “flagged” Contribution.
You may request that Idealist delete any Contribution that you have provided on or through the Offerings. With regard to any Contribution you have shared with other Users that they have subsequently copied or stored, Idealist may be unable to delete such Contribution from the locations those Users have copied or stored it.
You agree not to use an Offering:
- In any way that violates any applicable Law or this Agreement.
- No Harm to Minors or Others. For the purpose of exploiting, harming or attempting to exploit or harm minors or others in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- Against Idealist Standards. To send, knowingly receive, upload, download, use or re-use any material which does not comply with any prescribed Idealist standards as outlined herein.
- No Spam. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- No Offensive Content. To submit, upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, and/or racially, ethnically, or otherwise offensive.
- No Viruses/No Attacks. To submit, upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities, including the introduction of viruses, trojan horses, worms, logic bombs, or denial-of-service attacks or a distributed denial-of-service attack, or other material which is malicious, wrongful interfering, or technologically harmful.
- No Violation of Others’ Data Privacy. To submit, upload, post, email, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, Social Security numbers, passwords, or other similar information.
- No Bots. To use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from an Offering or to break into any of its servers. This includes use of any robot, spider or other automatic device, process or means to access to an Offering for any purpose, including monitoring or copying any of the material related to the Offering.
- No Interference. To disrupt or interfere (either directly or indirectly, intentionally or unintentionally) with the Offerings in any manner that may materially adversely affect Idealist, you or any third party. This includes attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of an Offering, the server on which an Offering is stored, or any server, computer or database connected to an Offering.
- No Restriction or Harm. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of an Offering, or which, as determined by us, may harm Idealist or Users of an Offering or expose them to liability.
- No Impersonation. To impersonate another person or entity, including without limitation, a representative of Idealist or its officers, directors, employees or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted through an Offering.
- No Manual Infraction. To use any manual process to monitor or copy any of the material from an Offering or for any other unauthorized purpose without our prior written consent.
Prohibition When Using an Offering:
- Posting jobs, volunteer opportunities, or internships that are not for specific, open positions.
- Collecting or storing personal data with respect to Individual Users.
- Posting Listings, jobs, volunteer opportunities, or internships, that do not provide equal access to individuals or groups, or use exclusionary language on the basis of race, origin, nationality, religion, language, gender, age, sexual orientation, marital status, or physical or mental ability, unless the requirement is a bona fide or essential qualification of the position or opportunity.
- Attribute any political content, advertisement or endorsement favoring a political party, political organization or political candidate to Idealist or any of its officers, employees, volunteers, or directors.
E. Registration and Security
We reserve the right to withdraw or amend an Offering, in our sole discretion without notice. We will not be liable if for any reason all or any part of an Offering is unavailable at any time or for any period. From time to time, we may restrict access to some or all of an Offering to any User.
To use certain Offerings, you must register and provide certain personal information. You must also establish a password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. It is your responsibility to notify Idealist (by one of the methods listed in Section IX. Questions and Comments) in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect Idealist, its Users, or Offerings. Idealist is not responsible for any loss or damage arising from your failure to comply with any provision of this Agreement. You also acknowledge that your account is personal to you and agree not to provide any other person with access to an Offering or portions of it using your user name, password or other security information. You also agree to fully ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
G. Terms of Sale and Payment
(1) Fees. As an Organization, when you publish a Listing or use a Service for a fee, you have an opportunity to review and accept the fees that you will be charged. Fees may change from time to time without notice.
All fees are quoted in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with our Offerings in a timely manner with a valid payment method.
All fees paid will be non-refundable.
(2) Order Acceptance and Cancellation. You agree that your Listing is an offer to pay, under these terms, all Services listed in your order (a “Purchase”). All Purchases must be accepted by us or we will not be obligated to list the position for you. We may choose not to accept Purchases at our sole discretion, even after we send you a confirmation email with your Purchase number and details of the Listings you have purchased.
(3) Prices and Payment. All prices, discounts, and promotions posted on any Idealist website are subject to change without notice. The price charged for a Listing will be the price in effect at the time the Purchase is placed and will be set out in your Purchase confirmation email. Price increases will only apply to Purchases placed after such changes.
Terms of payment are within Idealist’s sole discretion. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on any Idealist website at the time of your order. Any such information may be subject to our EU GDPR Policy.
You agree to defend, hold harmless, and indemnify Idealist and its affiliates, licensors, service providers, officers, directors, contractors, agents, suppliers, successors, employees, and assigns from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of our Offerings including, without limitation (a) any Contributions made by you therein, and (b) any use of or access to the Offerings that violates this Agreement.
I. Notify Us of Acts Contrary to this Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory Law, you hereby agree to contact us using one of the methods listed in Section IX (Questions and Concerns) and to provide us with a comprehensive written explanation of your reasons for your belief. This explanation must be provided at least 30 days before you act contrary to this Agreement.
J. No Resale of Services
You agree to use the Offerings solely for your authorized use, and not to offer the Services to use or exploit any portion of our Offerings to any third party.
K. Right to the Offerings
Subject to the terms of this Agreement and all applicable Laws and third-party licenses, Idealist grants you a limited, revocable, non-exclusive, and non-assignable right to access and view and use an Offerings and any related information.
Idealist reserves all rights not expressly granted in this Agreement, including (but not limited to) title, ownership, intellectual property rights, and all other rights and interest in the Offerings, and all related items.
III. IDEALIST RIGHTS, OBLIGATIONS, & OFFERINGS
A. Offering Availability
For as long as Idealist provides its Offerings, it shall, at its sole discretion, seek to update, improve and expand the features and experience for its Users. Idealist reserves the right to add to or change our Offerings, including any terms, conditions, and fees associated with them. We also reserve the right to cease to offer any or all Offering at any time. All of these changes shall be effective upon their posting on our Offerings or by direct communication to you, unless otherwise noted. Subject to this Agreement, you agree that Idealist will not be responsible for any loss of your content.
Idealist also reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice, if deemed by Idealist to be contrary to this Agreement, subject to the terms of this Agreement (specifically with regard to personally identifiable information of Individual Users).
B. Third Party Links
IDEALIST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. THAT IS NOT AN AUTHORIZED THIRD PARTY SUPPLIER OF IDEALIST (an “Idealist Third Party Supplier”). YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. The Offerings may include links to other Internet websites that are not otherwise Idealist Third Party Supplier. You acknowledge and agree that such links are provided for your convenience and do not reflect an endorsement by Idealist of the quality, reliability, or any other characteristic or feature of any such linked site. Idealist is not responsible in any manner (including but not limited to any loss or injury you suffer as a result of using the linked site) for any matter associated with linked site that is not an Idealist Third Party Supplier, including, without limitation, the content provided on or through any such linked site that is not an Idealist Third Party Supplier or your reliance thereon. In addition, you should be aware that your use of any linked site that is not an Idealist Third Party Supplier is subject to the terms of service and privacy policies applicable to that site.
C. Disclosure of User Information
In certain limited circumstances, and subject to this Agreement, Idealist may disclose your personal information if required by Law or to enforce this Agreement. Subject to this Agreement, by using our Offerings, you hereby acknowledge, consent and agree to the foregoing so that we may access, preserve and disclose your registration information and any other information that you provide, as required by Law or this Agreement.
D. Posting Jobs and Internships
If you are an Organization, you may post job Listings on or through the applicable Offering. Fees for such Listings (no charge for non-US Organizations) shall be as publicly listed, per listing per location per 30-day period, and may be used for one opening only, regardless of the time it is listed on or through an Offering. You may also purchase a job or internship pack for posting multiple Listings over time. Job and internship packs offer a discounted rate for each Listing. Listings will be activated when Idealist receives your payment, by check or credit card. Listings posted before receipt of payment will not be covered retroactively by any job pack credits. Click here for all purchase terms.
Job and Internship Listings will stay listed for the duration you specify (either 30, 60, or 90 days)—known as the entitlement period—regardless of the “application deadline” you specify. You may “hide” and “re-publish” the Listing an unlimited number of times within the entitlement period. You may also repost a Listing for 30, 60, or 90 days, and will be charged accordingly. Reposting of a Listing creates a new copy of the Listing and does not extend the original copy’s entitlement period.
Job and internship Listings go up immediately after being submitted, but are subject to review by Idealist staff, and may be removed if found to be in violation of this Agreement or Mission and Purpose (Section I(A)). Job and internship Listings must be submitted via our online form by the organization or their authorized representative. Individual users are not permitted to post Listings on behalf of themselves. Additionally, no Listing may be posted by any organization that has outstanding debts due and owed to Idealist that are 45 days or older.
Idealist cannot guarantee that any posted Listing will generate a response from our Individual Users.
E. Connections and Interactions with Other Users
You are solely responsible for your interactions with other Users. In its own discretion, Idealist may, in certain circumstances, prohibit you from contacting other Users through use of our Offerings or otherwise limit your use of our Offerings.
Idealist reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend or close your account if Idealist determines, in our sole discretion, that doing so is necessary to enforce this Agreement, as required by applicable Law or for protection of a User or the integrity of the Idealist ecosystem.
IDEALIST MAKES NO WARRANTY THAT ANY OFFERING WILL MEET YOUR REQUIREMENTS; THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE; OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF ANY OF OUR OFFERINGS WILL BE ACCURATE OR RELIABLE. IDEALIST SHALL NOT DISCLOSE OR VERIFY THE IDENTITY OF ANY USERS TO YOU WITHOUT THE CONSENT OF SUCH USER. SUBJECT TO THIS AGREEMENT, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH AN OFFERING IS TO CEASE TO USE SUCH OFFERING. IDEALIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR OFFERINGS, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE OFFERING WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR OFFERINGS FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF AN OFFERING OR ITEMS OBTAINED AS A RESULT OF OR THROUGH YOUR USE OF AN OFFERING OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEB LINKED TO OUR OFFERINGS THAT IS NOT AN IDEALIST THIRD PARTY SUPPLIER.
V. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT OUR OFFERINGS MAY ONLY BE USED FOR LAWFUL PURPOSES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR OFFERINGS. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH AN OFFERING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDEALIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF IDEALIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE AN OFFERING; (II) ANY LINK PROVIDED IN CONNECTION WITH AN OFFERING; (III) YOUR RELIANCE ON ANY PORTION OF AN OFFERING; (IV) THE INTERRUPTION, SUSPENSION OR TERMINATION OF AN OFFERING; (V) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO POST OR STORE ANY INFORMATION; AND/OR (VI) ANY MATTER OTHERWISE RELATED TO YOUR USE OF AN OFFERING. EXCEPT AS OTHERWISE REQUIRED BY A COURT OF LAW OF COMPETENT JURISDICTION, IN NO EVENT SHALL IDEALIST’S LIABILITY TO YOU, OR YOUR ORGANIZATION, RELATING TO YOUR USE OF OUR OFFERINGS EXCEED $50.
Idealist is not involved in the relationship between Individual Users and Organizations. If you have a dispute with another individual or organization, you understand that Idealist is not required to assist you in the dispute. You hereby agree to release Idealist from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of an Offering. IDEALIST IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY INAPPROPRIATE USE OF THE CONTRIBUTIONS PUBLISHED BY USERS. AS MENTIONED ABOVE, TO EXTENT PERMITTED BY LAW, WE CAN ONLY REMOVE INFORMATION FROM OUR IMMEDIATE ENVIRONMENT OR LIMIT A USER’S PRIVILEGES, BUT WE ARE NOT REQUIRED TO TAKE ACTION BEYOND THIS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING HEREIN SHALL BE CONSTRUED TO WRONGFULLY LIMIT IDEALIST’S LIABILITY UNDER THE EU GENERAL DATA PROTECTION REGULATION AS IT APPLIES TO EU DATA SUBJECTS AS DETERMINED BY A COURT OR TRIBUNAL OF COMPENTENT JURSIDICTION, AND TO THE EXTENT THERE IS CONFLICT, THE INTERPRETATION OF SUCH COURT OR TRIBUNAL SHALL PREVAIL.
A. Mutual Rights of Termination
You acknowledge that Idealist may establish limits concerning use of any Offering, including the maximum number of days that content will be retained by such Offering; the maximum number and size of postings, email messages, or other content that may be transmitted or stored by an Offering including any User content or Contribution; and the frequency with which you may access such Offering.
Idealist may add to, change, delete, or terminate your use of an Offering at any time for any reason without notice to you. Idealist reserves the right to refuse to offer an Offering to anyone at any time without notice.
Idealist additionally reserves the right to remove accounts that have been inactive for a prolonged period of time. The retention period for any deleted User Information shall be determined by Idealist, in its sole discretion. We reserve the right to modify these general practices and limits at any time, at our discretion, without notice.
B. Misuse of an Offering
Idealist may restrict, suspend or terminate the account of any User who abuses or misuses our Offerings as outlined in Section 2(C). Idealist may, in its sole discretion, terminate any User who violates any of the enumerated prohibitions in Section 2(C).
VII. GENERAL TERMS
If any provision of this Agreement is found by a court or tribunal of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. Further, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected in any way and shall remain in full force and effect.
Where Idealist has provided you with a translation of the English language version of any part of this Agreement, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of such, will govern your relationship with Idealist.
C. Amendments to this Agreement
We reserve the right to revise this Agreement at any time. Because we are constantly adding to our Offerings, your access to Idealist is governed by the version of this Agreement as may exist and is available on any given day. If such changes are made, Idealist will post such revisions online.
Questions, comments, or complaints about this Agreement should be submitted to us by one of the methods listed in Section IX.
D. No Informal Waivers, Agreements or Representations
Any failure by Idealist to act with respect to a breach of this Agreement by you or others does not waive Idealist’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, only representations, statements, consents, waivers, or other acts or omissions documented in writing and hand-signed by a duly appointed officer of Idealist shall be legally binding on Idealist.
E. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Idealist may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. Idealist may also substitute, by way of unilateral novation (effective upon notice to you), Idealist for any third party that assumes our rights and obligations under this Agreement.
F. Choice of Law
You and Idealist agree that this Agreement and the relationship between you and Idealist will be governed by and construed in accordance with the laws of the State of New York without respect to its conflict of laws provisions, and that venue with respect to any dispute between you and Idealist will rest exclusively in the courts of New York City and the federal court for the District Court of the Southern District of New York. By using our Offerings, you also agree that regardless of any statute or Law to the contrary, any claim or cause of action arising out of or related to our Offerings, or this Agreement must be filed within one year after such claim or cause of action arose.
VIII. COPYRIGHT POLICY
All of the content and Offerings owned by Idealist is protected by the United States Copyright Act of 1976, as amended, and the copyright Laws of other countries. Certain materials are used by permission of their respective owners. Any intellectual property on the Idealist website, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior permission of Idealist, except subject to this Agreement that such permission shall exist for those Users abiding by the terms of the Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License. Modification or use of content for any other purpose is a violation of the rights of Idealist or any applicable third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Idealist or of third parties, other than those expressly granted in this Agreement.
Idealist reserves the right to terminate your use of a digital Offering in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Idealist’s designated agent for notice of alleged copyright infringement in connection with such digital Offering is:
Primary: Matthew Schwartz
Secondary: Amelia Byers
Action Without Borders, Inc.
389 5th Avenue, Floor 9
New York, New York 10016
To file a notice of infringement related to a digital Offering with Idealist, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled, namely:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or applicable Law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity associated with a digital Offering is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright.
IX. QUESTIONS AND CONCERNS
Should you have any questions or concerns about the terms of this Agreement, you may contact us in the following ways:
- By Web Form
- By telephone: 646-786-6886.
- By mail: 389 5th Avenue, Floor 9, New York, New York 10016, United States