Last Updated: July, 2014
PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING OUR SITE.
IF YOU ARE IN AN EMERGENCY, DIAL 911 IMMEDIATELY.
By using this site, you signify your assent to this Disclaimer. If you do not agree to the Disclaimer, do not use this site!
Please note that this Disclaimer may change from time to time. We will post any Disclaimer changes on this page. We will also keep prior versions of this Disclaimer in an archive for your review. Your continued usage of the BESA COMMUNITY website will mean you accept those changes.
- USE OF SITE
- USE OF CONTENT
- USER SUBMISSIONS
- PUBLIC AREAS
- VOLUNTEER OPPORTUNITIES, and LINKS TO OTHER SITES
- AGREEMENT FOR THE USE OF IMAGES
- NOTICE and TAKEDOWN PROCEDURES
- COMPLETE AGREEMENT
- ADDITIONAL TERMS FOR NON-PROFIT ORGANIZATIONS
USE OF SITE
The contents of the BESA COMMUNITY Site, such as text, graphics, images, information obtained from BESA COMMUNITY licensors, and other material contained on the BESA COMMUNITY Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional advice, diagnosis, or treatment.
BESA COMMUNITY does not recommend or endorse any specific services, programs, organizations, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by BESA COMMUNITY, BESA COMMUNITY employees, others appearing on the Site at the invitation of BESA COMMUNITY, or other visitors to the Site is solely at your own risk.
BESA COMMUNITY authorizes you to view or download material on the BESA COMMUNITY Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c)2013, BESA COMMUNITY, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.
2. USE OF CONTENT
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with BESA COMMUNITY or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of BESA COMMUNITY. All rights not expressly granted herein are reserved to BESA COMMUNITY and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the BESA COMMUNITY Site and the Content is at your own risk.
When using the BESA COMMUNITY Site, information will be transmitted over a medium that may be beyond the control of BESA COMMUNITY and its suppliers. Accordingly, BESA COMMUNITY assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BESA COMMUNITY Site.
The BESA COMMUNITY Site and the content are provided on an "as is" basis. BESA COMMUNITY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, BESA COMMUNITY, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the BESA COMMUNITY Site or BESA COMMUNITY.
You agree that you will not upload or transmit any communications or content of any type to the BESA COMMUNITY Site that infringe or violate any rights of any party. By submitting communications or content to the BESA COMMUNITY Site, you agree that such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to BESA COMMUNITY by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- BESA COMMUNITY a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. BESA COMMUNITY may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to BESA COMMUNITY by email.
5. USER SUBMISSIONS
You agree to only post or upload Media that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or The BESA COMMUNITY Site.
By uploading any media like a photo or video, (a) you grant to BESA COMMUNITY a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes BESA COMMUNITY to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify BESA COMMUNITY and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
BESA COMMUNITY reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your BESA COMMUNITY passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your BESA COMMUNITY account and password; (3) promptly inform BESA COMMUNITY of any need to deactivate a password. You grant BESA COMMUNITY and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. BESA COMMUNITY cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using BESA COMMUNITY tools and services.
7. PUBLIC AREAS
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BESA COMMUNITY in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of BESA COMMUNITY, exposes BESA COMMUNITY or any of its customers or suppliers to any liability or detriment of any type.
BESA COMMUNITY Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the BESA COMMUNITY Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the BESA COMMUNITY Site, regardless of whether such communication(s) violate these standards.
8. VOLUNTEER OPPORTUNITIES, and LINKS TO OTHER SITES
If you are using BESA COMMUNITY to find volunteer opportunities, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the BESA COMMUNITY Site ("Volunteer Organization"), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization you choose to deal with. While BESA COMMUNITY and its corporate partners can facilitate volunteer activities, connect you to an organization and/or volunteer activity, provide a volunteer leader for a volunteer activity at a volunteer organization, and provide additional services including but not limited to a photographer for the volunteer event, YOU AGREE THAT BESA AND ITS CORPORATE PARTNERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST BESA AND ITS CORPORATE PARTNERS ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER ORGANIZATION.
Release. You hereby release us, our officers, employees, agents, partners and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Besa Community users (including volunteer opportunities), or (ii) your participation in any volunteer activities or activities arising from or related to your use of the Services.
9. AGREEMENT FOR USE OF IMAGES
On occasion, BESA COMMUNITY will photograph or record volunteer events. This Agreement confirms that you grant permission, without compensation to you, to BESA and its affiliates, licensees and assigns (collectively, “Producer"), to film, photograph, tape, record and edit you at any volunteer event in which you participate. You acknowledge and agree that Producer shall be the exclusive owner of all copyrights and other rights to and in connection with such Appearance. You hereby irrevocably and unconditionally grant to Producer the right to utilize your Appearance and any information by or about you, without limitation.
You agree to defend, indemnify, and hold BESA COMMUNITY, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. You agree to indemnify, defend and hold harmless BESA COMMUNITY, its officers, directors, co-branders and other partners (including third-party partners to whom BESA COMMUNITY may provide Your Content ("Third Parties")), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that BESA COMMUNITY or Third Parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as you) violation of these Terms or applicable law, (3) your (or anyone using your account's) violation of any rights of any other person or entity, or (4) any information or content we collect from third parties through the Site or Service at your request, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services.
BESA COMMUNITY is based in Columbus, Ohio, in the United States of America. If you access the BESA COMMUNITY Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
12. NOTICE and TAKEDOWN PROCEDURES
If you believe any materials accessible on or from the BESA COMMUNITY Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting BESA COMMUNITY and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
13. COMPLETE AGREEMENT
Thank you for your cooperation. We hope you find the BESA COMMUNITY Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Link on the BESA COMMUNITY Site.
Changes in Agreement
Besa reserves the right to update, from time to time, these Policies on Posting Information on Besa. Such updating will in no way relieve You of Your obligations under earlier versions of this agreement. Use of the Besa Site constitutes acceptance of the terms and conditions in place at the moment of use.
This site is controlled and operated from Besa's offices in Ohio. You agree to be bound by the terms and conditions of this agreement, which is governed by and construed in accordance with the laws of Ohio.
Copyright © 2013 Besa Community
Additional Terms for Non-profit Organizations
Note: The use of "You" in this document refers to You and Your organization.
Besa Community welcomes Your tax-exempt organization as a Besa Participant. We appreciate Your contribution to our efforts to help improve the nonprofit sector by providing information to donors, nonprofit organizations, and the general public. Your access to and continued use of Besa on behalf of Your organization constitutes Your organization's acceptance, without limitation, of these policies.
Information, Materials to Be Posted:
You agree that the information You submit will be accurate, to the best of Your knowledge.
You agree not to use any obscene or offensive language, or to include any material that is defamatory, abusive, harassing, or hateful. Further, You will not include material that invades anyone's privacy, or encourages conduct that would otherwise violate any local, state, national, or international law or regulation.
You are responsible for ensuring that the material You provide does not violate the copyright, patent, trademark, trade secret, and other personal and proprietary rights of any third party.
By posting information on the Besa Web site, You grant Besa and its affiliates the right to copy, publish, and distribute any material You post with credit to Your organization.
Besa has the right, but is not required, to edit Your material.
Besa reserves the right to remove any content at any time.
Liability for Damages
Besa will post Your information as quickly and accurately as possible, but due to the possibility of human or mechanical error, it does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of the information You have provided to this site. Nor does Besa warrant or guarantee the accuracy, quality, completeness, currency, or validity of the information about Your organization that has been provided by other sources. Besa will correct, in a timely manner, any verifiable mistakes that have been brought to its attention.
Besa is not liable to You or any third parties for any direct, indirect, special, consequential, or punitive damages allegedly sustained from Your affiliation with the Besa Web site including but not limited to any liability created by individuals directed to You through Besa’s volunteer portal.
Use of the Besa Web Site
Your organization will have the opportunity to post information about Your organization directly on the Besa Web site. You agree that You will not attempt to gain access to Besa's servers by any other means. Nor will You disrupt, modify, or interfere with www.givebesa.org, www.besacommunity.org, www.besacommunity.com or its associated software, hardware, or servers in any way.
Incorporation of Policies and Disclaimers for Besa Users
Your organization will be users of the Besa Web site. Therefore, You are bound by the terms of Service for Besa Users as well as by the terms of this document. The document requires Your organization to respect the privacy of Besa users, to acknowledge that Besa does not endorse Your organization or any organization described on the site, to recognize Besa's copyright and trademark protections, and to accept Besa's disclaimers, among other things.