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Terms of Use

TERMS OF USE

The Boston Foundation, Inc. (the “Foundation”) welcomes you to www.tbf.org  (the “Site”). The Foundation provides this website and its services to you subject to these Terms of Use (the “Terms of Use”), which constitute a binding contract between you and the Foundation and govern your use of the Site.

The Foundation may amend the Terms of Use at any time, so review them whenever you access or otherwise use the Site or any Content because if you access or otherwise use the Site or any Content after a change in the Terms, you will be deemed to have agreed to the most current version of the Terms.

 

1.        Use of Content

The contents of this Site, such as text, graphics, images and other material (“Content”), are owned by the Foundation and its affiliates, licensors, vendors, and/or others and are protected by United States and foreign intellectual property laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

The Foundation authorizes you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. You may not use the Content on any other web site or in a networked computer environment for any purpose.

You may not copy or adapt the HTML or other code that The Foundation uses to generate its pages.

You may not, without the prior written permission of The Foundation, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data, or content found on the Site or accessed through the Site.

2.        Acceptable Site Use

 
General Rules : You may not use the Site to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.

Security Rules : You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Foundation packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Foundation may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.

Specific Prohibited Uses : The Foundation specifically prohibits any use of the Site, and you agree not to use the Site, to:

  • distribute or otherwise publish, without the Foundation’s approval, any material containing any material solicitation for goods or services;
  • solicit other users of the Site to join or become members of any commercial online service; or
  • delete or revise any material posted by any other person or entity .

3.        User Information and Privacy

If the Foundation asks you to register on or for the Site, you will be asked to provide the Foundation with certain information including, without limitation, a valid email address (your “Information”). Please see the Foundation’’s Privacy Policy http://www.tbf.org/about/policies-legal for further details regarding the Foundation’s use of your Information. The Foundation’s Privacy Policy is incorporated herein by its reference.

4.        User Submissions

If you use the Site, you are responsible for your own communications and the consequences of your postings. In addition, you shall not:

  • post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
  • post material that reveals trade secrets, unless you own them or have permission of the owner;
  • post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any person or entity;
  • post a sexually-explicit image or statement;
  • post advertisements or solicitations of business without The Foundation approval;
  • post chain letters or pyramid schemes; or
  • impersonate another person.

 

The Foundation does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by another user will be at your own risk.
The Foundation has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms, the Foundation may investigate that allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Foundation has no liability or responsibility to users for performance or non-performance of such activities. The Foundation reserves the right (i) to expel users and prevent their further access to the Site for violating these Terms or the law, and (ii) to remove communications that do not conform to the provisions of these Terms.

If you submit any material or content to the Site in any manner (“Content”), you grant The Foundation and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the Content (the “License”). You also warrant that the holder of any rights, including moral rights in the Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the License. You also permit any user of the Site to access, display, view, store, and reproduce the Content for personal use. Subject to the foregoing, the owner of the Content placed on the Site retains any and all rights that may exist in the Content. You acknowledge that you are solely responsible for the form, content, and accuracy of any Content you place directly or indirectly on the Site.

You further agree that you will not upload Schedule B (List of Contributors) with the Form 990 for any public charity. You agree to block any signatures, social security numbers, and personal addresses from documents that you upload to the Site. The Foundation reserves the right to refuse any document for any reason. In addition, the Foundation has the right to remove or disable access to any document at any time for any reason.
You authorize sharing of any Content that you submit across all the Foundation affiliates and their respective websites, including:

TBF.org www.tbf.org

The Giving Common www.givingcommon.org or givingcommon.guidestar.org

The John LaWare Leadership Forums www.johnlawareleadershipforums.org

The Commonwealth Housing Task Force www.commonwealthhousingtaskforce.org

Healthy People Healthy Economy Coalition www.healthypeoplehealthyeconomy.org

Success Boston  www.successboston.org

StreetSafe www.streetsafeboston.org

Indicators www.bostonindicators.org

Boston Opportunity Agenda  www.bostonopportunityagenda.org

The Haiti Fund  www.bostonhaitifund.org

Japanese Disaster Relief Fund – Boston  www.jdrfb.org

My Neighborhood Boston  www.myneighborhoodboston.org

Put Students First Coalition  www.putstudentsfirstcoalition.org

Understanding Boston  www.understandingboston.org

5.        Donations

If you make any donation through the “Donate Now” widget on the Site (the “Donate Now Widget”) or another third party donation services available from the Site, you represent and warrant that: (1) you are at least 18 years of age; (2) you possess the legal authority to create a binding legal obligation; (3) all donations made by you are made on behalf of yourself or on behalf of another person for whom you are legally authorized to act; and (4) all information supplied by you is true, accurate, current and complete. Kimbia, Inc. (“Kimbia”), which hosts the Donate Now Widget, is acting only as the agent to those who are making donations through the Site and is an independent contractor for such purposes. You will be responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Foundation, Kimbia, or any other third party caused by or arising out of your breach of this agreement, and you agree to reimburse Kimbia for any all such liability. The Foundation, its partners, or its service providers are not responsible for your activities, the activities of Kimbia, or other third party donation services in completing donation transactions. You agree that (a) Kimbia is a third party beneficiary under these Terms of Use, (b) the Terms of Use apply to your use of the Donate Now Widget and any other Kimbia services that you access via the Site, and (c) if you violate any provision in the Terms of Use in a manner that adversely affects Kimbia, Kimbia shall have a right to pursue any and all available legal and equitable remedies directly against you.

Occasionally, a donor may dispute a credit card charge for a donation through the Giving Common site, an initiative of the Boston Foundation.  If such donations are refunded to the donor by the Giving Common, and the Giving Common already remitted payment to the nonprofit, the Giving Common will deduct the chargebacks or refunds from future payments to the nonprofit.  The Boston Foundation staff will work with the nonprofit to appropriately resolve the issue.

6.        Registration and PasswordYou are responsible for maintaining the confidentiality of your information and any password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify the Foundation of any unauthorized use of your Information, registration, or password. 
7.        Liability

The Content may contain inaccuracies or typographical errors. The Foundation makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Content. The use of the Site and the Content is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Site at anytime without notice.

The Foundation may, in its sole discretion, accept advertising on the Site. However, the Foundation makes no representations or warranties of any kind, whether express or implied, regarding any of the advertisements located on the Site. You agree that each advertiser, and not the Foundation, is responsible for the accuracy and content of its advertisements. Any dealings that you have with advertisers found on the Site are between you and the advertiser. Therefore we recommend that you undertake your own due diligence before entering into any agreement with an advertiser. You acknowledge and agree that we will not be liable for any loss or claim you may have against an advertiser whether arising out of such advertiser’s content, services or products. If you decide to use third-party services, you are responsible for reviewing and understanding the terms and conditions governing any third-party services. You agree that the third party, and not the Foundation, is ultimately responsible for the performance of the third-party services and/or the provision of the third-party products.

The Foundation DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,The Foundation IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, The Foundation DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Foundation MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

Unless otherwise specifically indicated, the presence of information on the Site regarding any nonprofit organization does not mean that the Foundation endorses or supports that organization. The information provided on each profile is provided by the nonprofit organization itself. The Foundation does not guarantee the accuracy of any such data or make any representations or warranties with regard to any organization profiled in this database. An organizational profile, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, the Foundation will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact the Foundation.

8.        Disclaimer of Consequential Damages

IN NO EVENT WILL The Foundation , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.        Links to Other Sites and Linking to this Site

To the extent the Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by The Foundation of the content on such third-party web sites. The Foundation is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

The Foundation welcomes links to the Site. You are free to establish a hypertext link to the home page of the Site so long as (a) the link does not state or imply any sponsorship of your site by the Foundation; and (b) you do not link to any page within the Site beyond the home page or first page without first obtaining the Foundation’s prior written consent.

10.  LICENSES AND RELEASE BETWEEN THE FOUNDATION AND PROFILED AGENCIES

If you are a non-profit organization (“Agency”) and/or otherwise have provided information to Foundation or any of its service providers on issues of management and governance, financial history and programs in an agency profile process (the “Agency Profile”), you grant a non-exclusive, fully-paid, irrevocable right to the Foundation to (i) include such Agency Profile in its nonprofit inventory and in the Site Content, (ii) create derivative works of the Agency Profile, and (iii) sublicense the Agency Profile to its service providers and business partners (including, without limitation, GuideStar USA, Inc. and GuideStar.com). You also grant to the Foundation and its agents a non-exclusive right to use any trademarks and tradenames that you include with the Agency Profile and to sublicense them as provided in the foregoing sentence. You represent and warrant your right to grant the licenses set forth herein and that the Agency Profile, trademarks and tradenames are true and accurate, that nothing in the Agency Profile is obscene, libelous or unlawful and that the Agency Profile, trademarks and tradenames do not infringe or otherwise violate any third party’s copyright, patent, trade secrets or other intellectual property rights or any third party’s rights of privacy or publicity. Agency agrees to and does hereby defend, indemnify and hold harmless the Foundation and its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns (“Indemnitees”), from and against any and all liabilities, demands, losses, damages, costs, expenses, fines, amounts paid in settlements or judgments, including without limitation, costs, reasonable attorneys’ fees, witnesses’ fees, investigation expenses, cost of management time, any and all out-of-pocket expenses, consequential damages, and all other expenses and costs incident thereto (collectively referred to as “Damages”) resulting from: (i) any claim, lawsuit, investigation, proceeding, regulatory action, or other cause of action that may be suffered by reason of any loss, damage, death, injury, and/or other reason arising out of or in connection with the trademark, trade name and/or Agency Profile; (ii) the breach or alleged breach by Agency of the warranties or representations contained in this Terms of Use, and/or (iii) any infringement or alleged infringement or other violation of any patent, trademark, copyright, trade secret, or other intellectual property right or right of privacy or publicity resulting from receipt or use of the Agency Profile, trademarks and/or tradenames. The Agency may make changes to the Agency’s Profile by communicating such changes in writing to the Foundation. Any and all changes made to the Agency Profile will be included in the definition of “Agency Profile” for purposes of this license and release.

11.       COPYRIGHT INFRINGEMENT
The Foundation respects others’ intellectual property rights. However, the Site contains information from third-party sources. If you believe that your copyright interests are being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to the Foundation’s Copyright Agent at Tim Gassert at agent@tbf.org (via electronic mail) or 617-338-1700 (via phone) or Tim Gassert, Copyright Agent, c/o The Boston Foundation, 75 Arlington Street, 10 thFloor, Boston, MA, 02116 (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that any content that you previously submitted to the Site which was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to the Foundation’s Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Foundation’s Copyright Agent, the Foundation may send a copy of the counter-notice to the original complaining party informing that person that the Foundation may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Foundation’s sole discretion. 

12.      Limitation of Liability 

We accept no financial or other responsibility for your use of the Site and the Content.

Furthermore, the information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose.

The information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

13.      Termination

If you breach any of these Terms, The Foundation reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Site, any Content, and/or any other service provided to you by The Foundation.

14.      Indemnity

You shall defend, indemnify, and hold harmless The Foundation, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Content or the Site or your breach of any of these Terms. The Foundation will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.

15.      General

The Foundation makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state or federal courts within Boston , Massachusetts. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.

16. Contacting Us

If you have any questions or comments regarding the Terms of Use or the Site, please contact us at 617 – 338-1700 or at info@tbf.org

Copyright © 2012 the Boston Foundation, Inc. All Rights Reserved.

Version 1.1: Last updated: February 2012