Jars of Clay Volunteer Terms of Use
Jars of Clay ("JOC", "we" or "our") provides Jars of Clay (the "Service"), located at www.jocatlanta.org 937 Sims St., Atlanta, GA 30310 and related site locations (the "Site"), to all Volunteer Centers, non-profit organizations, governmental agencies, private businesses, volunteers or visitors to the Site (collectively referred to as "Volunteers," and each is individually a "Volunteer"), exclusively under the following terms of service and use (the "Terms"). By using the Service, volunteer states that he or she has read and understands the Terms and agrees to be bound by them. We reserve the right to terminate a Volunteer's account or use of the Service at any time, for any reason, including without limitation, if we learn that volunteer has violated these Terms. Capitalized terms used, but not defined, are used as defined in the Privacy Policy or Service Provider Agreement.
A. YOUR RESPONSIBILITIES
Volunteer agrees not to reproduce, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Service or the Site. Without our written permission, volunteer may not: (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, (b) access the service using any high volume or automated means, (c) place pop-up windows over its pages, or otherwise affect the display of its pages or (d) access the Site or the Service in any manner that violates our Privacy Policy. All information that volunteers provides to us shall be true, accurate and current.
Volunteer agrees not to use the Service to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent volunteer's affiliation with a person or entity, (c) stalk, harass or harm another individual, (d) promote or glorify hatred, violence or racial intolerance, (e) collect or store personal data about other volunteers or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service, or interfere with or disrupt the Service, the Site or servers or networks connected to the Service or the Site.
B. PRIVACY
Volunteer will be requested to provide specific personal data to us, as described in the Privacy Policy ("Personal Data"). All uses of volunteer's Personal Data will be treated according to our Privacy Policy. By using the Site and the Service, volunteer is accepting the terms and conditions of our Privacy Policy. If volunteer objects to having his, her or its information used as described in the Privacy Policy, volunteer's sole recourse is to discontinue using the Site and the Service.
C. DATA SECURITY AND MONITORING
Data are supplied by volunteers and may include, but are not limited to, volunteer opportunity descriptions, organizations' contact information and news. Accordingly, we have no editorial control over such data. Any data, services, offers, or other information provided by volunteers is those of the respective volunteers and not Jars of Clay. We do not endorse, nor are we responsible for investigating or ensuring the accuracy of, any such data, and we retain the right to modify, update, designate as inactive, or remove any data at any time. We have the right, but not the obligation, to monitor and review the data and volunteers' accounts to determine compliance with these Terms, laws, or regulations.
D. VOLUNTEER DATA; LICENSE; REPRESENTATION AND WARRANTY
Volunteer is responsible for data provided to us for inclusion on the Site and as part of the Service. Jars of Clay acts as a passive distributor of volunteer's data. However, if we believe volunteer's data may create a liability for us, we reserve the right to remove volunteer's data. Volunteer warrants that his, her or its data or use of the Site and the Service: (a) does not and will not contain unlawful, harmful, libelous, discriminatory, obscene or otherwise objectionable material of any kind; (b) encourage conduct that could violate any applicable national, state, or local laws, regulations, ordinances, or codes, or that could constitute a criminal offense or give rise to civil liability or (c) does not and will not violate any right of privacy (including the terms of our Privacy Policy). Volunteer represents and warrants that he, she or it will not knowingly transmit computer viruses, worms, harmful program routines or use the Site or the Service to access without authorization any other computer or machine.
Volunteer grants to Jars of Clay a worldwide, perpetual, irrevocable, non-transferable, royalty-free license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to volunteer's data in any media format for data that volunteer has submitted to Jars of Clay.
E. DEALINGS WITH OTHER VOLUNTEERS, SPONSORS AND ADVERTISERS
Volunteers agree that Jars of Clay will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other volunteers, sponsors, or advertisers, or as a result of such parties' access to and use of the Site or Service.
F. LINKS
Links provided to other locations or web sites are made available for volunteer's convenience only and do not indicate our endorsement of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the Site or the Service (and in the case of the Site or the Service, only as provided for herein), or any data available on such other web sites or locations. We are not liable for any links, information, or applications found at any other web site, Internet location, or source of information, or for volunteer's use of such information.
G. MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue the Service or the Site with or without notice to volunteer. We are not liable to volunteer or any third party should we exercise our right to modify or discontinue the service or the site. If volunteer objects to any such changes, his, her or its sole recourse is to discontinue using the service. Continued access and/or use of the Service or the Site following notice of any such changes shall indicate volunteer's assent to and acceptance of such changes.
H. MODIFICATIONS TO TERMS
We may change the terms from time to time. We will notify any affected volunteer of any such changes by posting a notice of such changes on the site or notifying any volunteer via e-mail. If volunteer objects to any such changes, his, her or its sole recourse shall be to cease using the Service and/or the Site. Continued access to and/or use of the service and/or the site following notice of such modifications or changes shall indicate volunteer's assent to and acceptance of the Terms, including but not limited to all posted changes.
I. TERMINATION
Volunteer agrees that we, at our sole discretion, may terminate volunteer's use of the service and/or the site without prior notice, and remove and discard volunteer's data from the Site and the Service, for any reason, with or without prior notice, including, without limitation, if we believe that volunteer has violated or acted inconsistently with these Terms or the Privacy Policy. Volunteer agrees that we shall not be liable to volunteer or any third party for termination of volunteer's access to the Site or the Service. Volunteer may discontinue his, her or its participation in and access to the Service at any time.
J. DISCLAIMER OF WARRANTIES
Volunteer expressly agrees that use of the Service and the Site is at volunteer's own risk. The Site and the Service are provided on an "as available" and "as is" basis. Jars of Clay expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Service. Jars of Clay makes no warranty that the Site or the Service will be error free or meet volunteer's requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does Jars of Clay make any warranty as to the accuracy, or reliability of the results that may be obtained from or through the use of the Site or the Service, or that defects in the Site or the Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance, and results to be obtained through the use of the Site or the Service is with volunteer. No information or advice, whether oral or written, obtained by volunteer from Jars of Clay or through the Site or the Service shall create any warranty not expressly made herein. Jars of Clay make no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. Volunteer understands and agrees that any information downloaded or otherwise obtained through the use of the Site or the Service is done at volunteer's own discretion and risk, and that volunteer will be solely responsible for any damage to his, her or its computer services or loss of data that results from the download of such information.
K. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JARS OF CLAY, THEIR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES").
L. INDEMNIFICATION
Volunteer agrees to indemnify and hold harmless Jars of Clay, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents ("Indemnified Party") from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney's fees) ("Loss") arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party ("Claim") alleging any breach of such party's representations, warranties or covenants under this Agreement. Volunteer shall indemnify and hold harmless Jars of Clay for any Loss arising out of or relating to (a) Volunteer's violation of these Terms or the rights of any other volunteer, (b) Volunteer's use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service or (d) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Service, or using the Site or the Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party's expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.
M. Proprietary Rights.
All copyright and trade secret rights in and to the Site, the Service and the data used therein are and shall be the exclusive property of Jars of Clay. To the extent, if any, that volunteer has any rights in or to the Site or the Service, . volunteer hereby irrevocably assigns to Jars of Clay, and agrees that Jars of Clay shall be the sole and exclusive owner of, all right, title and interest in and to the Site and the Service, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.
N. TRADEMARKS
Names, logos, and other materials displayed on the Site and in the Service constitute trade names, logos, trademarks, and service marks ("Marks") are owned by or licensed to Jars of Clay. Volunteer is not authorized to use these Trademarks without the prior written consent of Jars of Clay. As between Jars of Clay and volunteer, Jars of Clay and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.
O. COPYRIGHTS and USE RESTRICTIONS
The data included as part of the Service, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by Jars of Clay under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by Jars of Clay. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. Volunteer must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.
P. MISCELLANEOUS
Modifications to any member agreements and any policies, including this Agreement, will be e-mailed to volunteer and/or prominently posted and available for volunteer to view at any time on the Site. Volunteers continued access to and/or use of the Site will constitute volunteer's complete assent to and acceptance of all such amended terms. These terms contain the entire terms between the parties. In the event, any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. The section titles in these Terms are for convenience only and have no contractual or legal effect. These Terms shall be governed by the laws of Georgia, without regard to its conflicts of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Volunteer agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by volunteers arising out of or related to the use of the Service or the Site, or specified in these Terms, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.