TERMS AND CONDITIONS OF SERVICE

1 ACCEPTANCE OF TERMS

Welcome to CivicSpace on Demand (the “Service”) and your CivicSpace website (the "Site"), a service provided to you by CivicSpace, LLC (“CivicSpace”). These Terms and Conditions of Service (“Terms and Conditions”), as updated by CivicSpace from time to time, govern your use of the Site and Services (as defined below). You should carefully read the Terms and Conditions before using the Site or the Services. You can review the most current version of the Terms and Conditions at any time at http://civicspacelabs.org/termsofservice . By using the Site or the Services, you agree to be bound by the Terms and Conditions and are indicating that you are at least sixteen (16) years old or that you have the permission of your parent or guardian. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the Site or the Services.

2 SERVICES

The Site includes a database containing (i) nonprofit and community organizations from around the world and (ii) postings and support information for CivicSpace. The Database is available for anyone to search and access information contained in it.

The Site also includes a database containing individual user profiles that contain (i) interests and preferences; (ii) skills of the individuals and (iv) other relevant information submitted by individuals (“ Individual Database ”). If you are an individual, you may create and submit a user profile to be stored in the Individual Database.

Individuals can use the Site to define preferences for receiving information by e-mail. You can also participate in discussion groups.

Organizations can operate their own community website and supporter database with Civicspace On Demand.

Collectively, the provision of the information, databases and other services on or through the Site are referred to in these Terms and Conditions as the “ Services .”

3 USE OF SERVICES

To use the Site and Services you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. You will also need equipment and a modem or another access device.

4 REGISTRATION REQUIREMENTS

To use certain Services, you must register with the Site 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 CivicSpace by one of the methods listed below 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 the Services. CivicSpace is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

You may contact us as follows:

Email: civicspaceAT civicspacelabsDDOT org
Telephone: 409-781-1580
Mail: 660 4th Street, Suite 141, San Francisco, CA 94107

The information CivicSpace obtains from you will be used only in accordance with CivicSpace's Privacy Policy.

5 SERVICES OFFERED

You understand that there are risks in using the Services, which you assume when you use the Services. Specifically, you understand and agree that all information, data and other material provided in connection with the Site and Services (“ Content ”), is the responsibility of the person or entity providing such Content. You understand and acknowledge that CivicSpace assumes no responsibility to screen or review Content provided as part of the Services. CivicSpace shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Content that is available on the Site or through use of the Services. CivicSpace does not endorse any aspect of the information, including the quality, accuracy or legality of the information that is contained in the databases. Since CivicSpace does not confirm the identity of any submitter, CivicSpace cannot guarantee that any identity or information is accurate. CivicSpace expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. Idealist reserves the right to remove or eliminate any Content that it chooses, at any time and for any reason, without notice or liability to you or any third party. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.

CivicSpace is not involved in the relationship between CivicSpace On Demand customers and the users of their websites. If you have a dispute with each other, you understand that CivicSpace is not required to assist you in the dispute. You hereby agree to release CivicSpace 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 the Services. You understand that the Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Services.

6 DISCLAIMER OF WARRANTIES

INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SERVICES, ARE YOUR SOLE RESPONSIBILITY.

THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CIVICSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CIVICPACE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

7 EXCLUSIONS AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIVICPACE 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 CIVICPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) YOUR RELIANCE ON ANY OF THE SERVICES; (iv) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, (v) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL CIVICPACE'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $50.

8 CONDUCT ON THE SITE

You are responsible for all Content that you upload, submit, post, email or otherwise transmit using the Site or Services. Likewise, you are responsible for respecting CivicSpace's and third parties' rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of CivicSpace's and third parties' rights. You agree not to use the Site or Services to:

* Submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity.
* 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, racially, ethnically, or otherwise offensive.
* Impersonate another person or entity, including without limitation, a representative of CivicSpace 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 the Site or Services.
* Submit, upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, or any other potentially objectionable form of unsolicited communication.
* Use the Site or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
* Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
* Directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect CivicSpace, you or any third party.
* 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.
* 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.
* Use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers.

9 NO RESALE OF SERVICES

You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party without express written consent of CivicSpace. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties without the express written content of CivicSpace.

10 OWNERSHIP OF CONTENT & PROPRIETARY RIGHTS

You understand and agree that your use of the Site and Services entitles CivicSpace to use, monitor and preserve copies of all information and Content and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of the Terms and Conditions, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of CivicSpace or any other person or entity.

CivicSpace's Rights

You acknowledge and agree that CivicSpace services and any necessary software used in connection with CivicSpace services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through CivicSpace services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CivicSpace or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on CivicSpace services, Content or Software, in whole or in part.

Subject to the Terms of Service, CivicSpace grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to CivicSpace services. You agree not to access CivicSpace services by any means other than through the interface that is provided by CivicSpace for use in accessing CivicSpace services.

Your Rights

CivicSpace claims no ownership or control over any Content submitted, posted or displayed by you on or through CivicSpace services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through CivicSpace services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through CivicSpace services which are intended to be available to the general public, you grant CivicSpace a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on CivicSpace services solely for the purpose of displaying, distributing and promoting CivicSpace services. This license terminates when such Content is removed from the CivicSpace service to which you originally submitted. CivicSpace reserves the right to syndicate Content submitted, posted or displayed by you on or through CivicSpace services and use that Content in connection with any of the services offered by CivicSpace. CivicSpace furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

11 ADVERTISING

Some CivicSpace services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by CivicSpace on its services are subject to change. You agree that CivicSpace shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on CivicSpace services.

12 LINKS

The Services may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by CivicSpace with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and CivicSpace is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. CIVICPACE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

13 INDEMNITY

You agree to hold harmless and indemnify CivicSpace and its affiliates, officers, directors, and employees 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 the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms and Conditions.

14 COPYRIGHT INFORMATION

The Content of the Services is owned by CivicSpace and third parties and 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. The Content of the Services, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of CivicSpace, except that, subject to your compliance with the Terms and Conditions, CivicSpace authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of CivicSpace, or 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 CivicSpace, or third parties.

CivicSpace reserves the right to terminate your use of the Services 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), CivicSpace's designated agent for notice of alleged copyright infringement in connection with the Site is:

David Geilhufe
CivicSpace
660 4th Street, Suite 141
San Francisco, CA 94107

To file a notice of infringement with CivicSpace, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright/.

15 JURISDICTION AND VENUE

You and CivicSpace agree that this Agreement and the relationship between you and CivicSpace will be governed by the laws of the State of California.

16 NOTICE OF CHANGES

CivicSpace may change the Terms and Conditions from time-to-time. If such a change is made, CivicSpace will post the revised Terms and Conditions on the Site. CivicSpace reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. You understand and agree that CivicSpace may from time to time establish and revise practices and limitations concerning your use of the Site and Services.

17 GENERAL PRACTICES REGARDING STORAGE

You agree that CivicSpace shall have no liability for the deletion or failure to store or display any messages and other communications or other Content submitted for posting, maintained on the Site or transmitted using the Site or Services.

18 TERMINATION OF REGISTRATION

CivicSpace may add to, change, delete or terminate your use of the Services at any time for any reason without notice to you. CivicSpace shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. CivicSpace reserves the right to refuse to offer Services to anyone at anytime without notice.

19 MISCELLANEOUS

The Terms and Conditions constitute the entire agreement between you and CivicSpace and governs your use of the Site and Services. There is no agency, partnership, joint venture or employee-employer relationship between you and CivicSpace. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of CivicSpace to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose.