Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by IMPACTability, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Contributors. If you contribute to the blog, comment on the blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not indecent or obscene, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by IMPACTability or otherwise.
By submitting Content to IMPACTability for inclusion on the Website, you grant IMPACTability a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, IMPACTability will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, IMPACTability has the right (though not the obligation) to, in IMPACTability’s sole discretion (i) refuse or remove any content that, in IMPACTability’s reasonable opinion, violates any IMPACTability policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in IMPACTAbility’s sole discretion. IMPACTability will have no obligation to provide a refund of any amounts previously paid.
2. Responsibility of Website Visitors. IMPACTability has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, IMPACTability does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IMPACTability disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which IMPACTability links, and that link to ImageImpact.org. IMPACTability does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non-IMPACTability website or webpage, IMPACTability does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IMPACTability disclaims any responsibility for any harm resulting from your use of non-IMPACTability websites and webpages.
4. Copyright Infringement and DMCA Policy. As IMPACTability asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by IMPACTability violates your copyright, you are encouraged to notify IMPACTability, which adheres to the Digital Millennium Copyright Act (“DMCA”). IMPACTability will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. IMPACTability will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of IMPACTability or others. In the case of such termination, IMPACTability will have no obligation to provide a refund of any amounts previously paid to IMPACTability.
5. Intellectual Property. This Agreement does not transfer from IMPACTability to you any IMPACTability or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with IMPACTability, ImageImpact.org, and the ImageImpact.org logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of IMPACTability. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any IMPACTability or third-party trademarks.
6. IMPACTability reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. IMPACTability may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 7. IMPACTability may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ImageImpact.org account (if you have one), you may simply discontinue using the Website. IMPACTability can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided “as is”. IMPACTability and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IMPACTability nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will IMPACTAbility, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IMPACTability under this agreement during the twelve (12) month period prior to the cause of action. IMPACTability shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. You agree to indemnify and hold harmless IMPACTability, its contractors, and its licensors, and their respective directors, officers, volunteers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Your privacy is critically important to us. As a 501(c)(3) Non-profit organization, IMPACTability supports these fundamental principles:
We don’t share your personal information with anyone except to comply with the law or protect our rights.
We don’t store personal information on our server unless required for the on-going operation of one of our services.
We aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.
IMPACTability, Inc. (“IMPACTability”) operates IMPACTability.org. It is IMPACTability’s policy to respect your privacy regarding any information we may collect while operating our website.
Website Visitors Like most website operators, IMPACTability collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. IMPACTability’s purpose in collecting non-personally identifying information is to better understand how IMPACTability’s visitors use its website. From time to time, IMPACTability may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. IMPACTability also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments. IMPACTability only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information Certain visitors to IMPACTability’s website choose to interact with IMPACTability in ways that require IMPACTability to gather personally-identifying information. The amount and type of information that IMPACTability gathers depends on the nature of the interaction. Those who engage in transactions with IMPACTability are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, IMPACTability collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with IMPACTability. IMPACTability does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics IMPACTability may collect statistics about the behavior of visitors to its website. For instance, IMPACTability may monitor the most popular posts on IMPACTabilityusa.org and may display this information publicly or provide it to others. However, IMPACTability does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information IMPACTability discloses potentially personally-identifying and personally-identifying information only to those of its volunteers, employees, contractors and affiliated organizations that (i) need to know that information in order to process it on IMPACTability’s behalf or to provide services available at IMPACTability’s website, and (ii) that have agreed not to disclose it to others. IMPACTability will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its volunteers, employees, contractors and affiliated organizations, as described above, IMPACTability discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when IMPACTability believes in good faith that disclosure is reasonably necessary to protect the property or rights of IMPACTability, third parties or the public at large. IMPACTability takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Financial Information You Choose to Provide IMPACTability uses Flipcause.com, a trusted third-party, to process all charitable donations. IMPACTability and Flipcause understand your concerns about safety and security and make every effort to safeguard your privacy when you make donations through their secure giving system. If you choose to make an online donation, you will have to provide your credit card billing information.
Flipcause uses the following measures to protect financial data: To fight credit card verification fraud, all Flipcause users have access to advanced fraud-prevention technology using proprietary Automatic Fraud Threat Analyzer (AFTA). This automatically analyzes dozens of data points per transaction to detect and block verification fraud.
Flipcause utilizes level 1 PCI compliant processing, providing best-in-class payment gateways to ensure credit card security. Flipcause takes privacy seriously. They are committed to making sure that your personally identifiable information is kept confidential when you use the Flipcause platform, and that your information will not be shared without your consent.
Flipcause uses SSL (Secure Socket Layer) encryption, the highest encryption standards available. This is the same technology that banks use to keep your account information safe. Flipcause secures all account information you provide, including personal information, using this technology.
If you are making a donation, the credit card information that you provide at the time of donation is used only to process your donation and will not be used for any other purposes. Credit card billing information is not provided to IMPACTability. Personal contact information, such as your name and email address, will never be distributed, shared, or sold to any other charity. Personal contact information provided while making your donation will only be given to IMPACTability.