The following terms and conditions govern all use of the CiviCRM.org website and all content, services, and products available at or through the website that are owned and/or managed by CiviCRM. The purpose of this policy is to establish acceptable and unacceptable use of all CiviCRM resources in conjunction with the organization's established culture of ethical and lawful behavior, openness, trust, and integrity.
CiviCRM, LLC provides computer devices, networks, and other electronic information systems to meet missions, goals, and initiatives and must manage them responsibly to maintain the confidentiality, integrity, and availability of its information assets. This policy requires the users of information assets to comply with organization policies and protects the organization against damaging legal issues.
All employees, contractors, consultants, temporary and other affiliated parties of CiviCRM, LLC, including all personnel affiliated with third parties must adhere to this policy. This policy applies to information assets owned or leased by CiviCRM, LLC, or to devices that connect to the CiviCRM network or utilize CiviCRM resources.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, 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 or use any of our services. If these terms and conditions are considered an offer by CiviCRM, acceptance is expressly limited to these terms.
You are responsible for exercising good judgment regarding appropriate use of CiviCRM, LLC resources in accordance with the organization's policies, standards, and guidelines. CiviCRM, LLC resources may not be used for any unlawful or prohibited purpose.
Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CiviCRM’s Privacy Policy) and procedures that may be published from time to time by CiviCRM (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Regardless of where you reside, your agreement is with CiviCRM LLC, a California-based Limited Liability Company.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires registration with CiviCRM.org. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
For security, compliance, and maintenance purposes, authorized personnel may monitor and audit equipment, systems, and network traffic. Devices that interfere with other devices or users on the CiviCRM network may be disconnected.
Access to and use of CiviCRM data
CiviCRM maintains data for project use on civicrm.org, and may share access only to individuals that agree to these full terms of use and whos objective in accessing the data is to further CiviCRM the project and the software. Any misuse of the data will be arbitrated by CiviCRM LLC or by the CiviCRM Core Team.
You need written (via email) permission before doing anything with CiviCRM data including that which has not been previously agreed to by CiviCRM LLC or the Core Team. You may not export, keep or use any data from this website or from CiviCRM without express written permission. You may not use data contained on CiviCRM websites for any other purpose other than to further the project or the software itself. If you improve or add to the data here via an external tool, you must share the data and/or imprrovements back to civicrm.org
One time permission to use CiviCRM data does not grant ongoing access to the data or to its use. CiviCRM will revoke or downgrade user access once access is no longer needed and/or at the discretion of the CiviCRM Core Team.
System Accounts
You are responsible for the security of data, accounts, and systems under your control. Keep passwords secure and do not share account or password information with anyone, including other personnel, family, or friends. Providing access to another individual, either deliberately or through failure to secure its access, is a violation of this policy.
You must ensure through legal or technical means that proprietary information remains within the control of CiviCRM, LLC at all times. Conducting business on behalf of CiviCRM, LLC that results in the storage of proprietary information on personal or non-organization controlled environments, including devices maintained by a third party with whom CiviCRM, LLC does not have a contractual agreement, is prohibited. This specifically prohibits the use of an e-mail account that is not provided by CiviCRM, LLC, or its customer and partners, for company business.
Communications
When leveraging the data at civicrm.org for the purpose of communications, you agree to target the communications to the intended group of recipients and to maintain a message central to the purpose behind your permission to use the data. You further agree to provide a draft of all communications sent as announcements or solicitations to the CiviCRM community via civicrm.org to the CiviCRM Core Team. CiviCRM LLC and/or the CiviCRM Core Team maintains sole rights to prohibit any communications it deems inappropriate.
The following are strictly prohibited:
- Sending spam via e-mail, text messages, pages, instant messages, voice mail, or other forms of electronic communication.
- Forging, misrepresenting, obscuring, suppressing, or replacing a user identity on any electronic communication to mislead the recipient about the sender.
- Posting the same or similar non-business-related messages to large number of users.
- Use of a CiviCRM e-mail or IP address to engage in conduct that violates CiviCRM policies or guidelines. Posting to a public newsgroup, bulletin board, or listserv with a CiviCRM e-mail or IP address representing CiviCRM to the public; therefore, you must exercise good judgment to avoid misrepresenting or exceeding your authority in representing the opinion of the organization.
Network Use
You are responsible for the security and appropriate use of CiviCRM network resources under your control. Using CiviCRM resources for the following is strictly prohibited:
- Causing a security breach to either CiviCRM or other network resources, including, but not limited to, accessing data, servers, or accounts to which you are not authorized; circumventing user authentication on any device; or sniffing network traffic.
- Causing a disruption of service to either CiviCRM or other network resources, including, but not limited to, ICMP floods, packet spoofing, denial of service, heap or buffer overflows, and forged routing information for malicious purposes.
- Introducing honeypots, honeynets, or similar technology on the CiviCRM network.
- Violating copyright law, including, but not limited to, illegally duplicating or transmitting copyrighted pictures, music, video, and software.
- Exporting or importing software, technical information, encryption software, or technology in violation of international or regional export control laws.
- Use of the Internet or CiviCRM network that violates the CiviCRM policies, or local laws.
- Intentionally introducing malicious code, including, but not limited to, viruses, worms, Trojan horses, e-mail bombs, spyware, adware, and keyloggers.
- Port scanning or security scanning on a production network unless authorized in advance by Information Security.
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 civicrm.org links, and that link to civicrm.org. CiviCRM does not have any control over those non-civicrm.org websites, and is not responsible for their contents or their use. By linking to a non-civicrm.org website, CiviCRM does not represent or imply that it endorses such website. 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. CiviCRM disclaims any responsibility for any harm resulting from your use of non-civicrm.org websites and webpages.
Copyright Infringement and DMCA Policy
As CiviCRM 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 civicrm.org violates your copyright, you are encouraged to notify CiviCRM in accordance with CiviCRM’s Digital Millennium Copyright Act (“DMCA”) Policy. CiviCRM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CiviCRM 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 CiviCRM or others. In the case of such termination, CiviCRM will have no obligation to provide a refund of any amounts previously paid to CiviCRM.
Intellectual Property
This Agreement does not transfer from CiviCRM to you any CiviCRM or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with CiviCRM. CiviCRM, civicrm.org, the civicrm.org logo, and all other trademarks, service marks, graphics and logos used in connection with civicrm.org or our Services, are trademarks or registered trademarks of CiviCRM or CiviCRM’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any CiviCRM or third-party trademarks.
Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination
CiviCRM may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your civicrm.org account (if you have one), you may simply discontinue using our Services. 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.
Disclaimer of Warranties
Our Services are provided “as is.” CiviCRM 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 CiviCRM nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.
Limitation of Liability
In no event will CiviCRM, 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 CiviCRM under this agreement during the twelve (12) month period prior to the cause of action. CiviCRM 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.
General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with the CiviCRM Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless CiviCRM, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Translation
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous
This Agreement constitutes the entire agreement between CiviCRM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CiviCRM, or by the posting by CiviCRM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CiviCRM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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