VolunteerForever.com Terms

TERMS & CONDITIONS

PLEASE CAREFULLY READ THESE TERMS OF USE (THE "AGREEMENT" OR THE "TERMS OF USE") BEFORE USING THE SERVICES OFFERED BY VOLUNTEER FOREVER, INC. ("VOLUNTEER FOREVER" OR THE "COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.volunteerforever.com, ALL OTHER SITES OWNED AND OPERATED BY VOLUNTEER FOREVER THAT REDIRECT TO www.volunteerforever.com, AND ALL SUBDOMAINS (COLLECTIVELY, THE "SITE"), AND THE SERVICE OWNED AND OPERATED BY THE COMPANY (TOGETHER WITH THE SITE, THE "SERVICE"). BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Summary of Service

Volunteer Forever is an online platform for users (“Volunteers”) to find an opportunity to volunteer overseas and/or run campaigns to raise money from other users (‘Donors”) to fund meaningful travel projects to include, but not limited to mission trips, volunteer trips, eco tours, educational trips (study abroad, language courses, etc), and any other travel with a service or learning component. These trips may have international or domestic destinations. Furthermore, Volunteer Forever enables non-profit and for-profit volunteer placement organizations to create organization profiles detailing their opportunities. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, reviews, articles, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Volunteers, Donors, and other visitors and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy at the conclusion of this Agreement, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference and may be updated by the Company without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

Modification of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes as the Company may not notify all users that the Terms of Use have been modified. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Rules and Conduct As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, "Projects: Fundraising and Commerce"). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:  infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;  you know is false, misleading, or inaccurate;  is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;  constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;  contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;  impersonates any person or entity, including any employee or representative of the Company (Note: organizations that place, host, or otherwise serve volunteers, travelers, or other users are not permitted to post reviews, testimonials, or other endorsements on behalf of their volunteers, travelers, or users. ); or  in any way that constitutes an abuse of the Service, including, but not limited to the access of the Service in order to establish a similar or competitive service.

Additionally, you shall not:

(i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
(iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
(iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or
(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly:

(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
(ii) modify, translate, or otherwise create derivative works of any part of the Service; or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service.

The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:

(i) cancel, reject, interrupt, remove, or suspend a fundraising campaign;
(ii) remove, edit, or modify any Content, including, but not limited to, any User Submission;
(iii) remove or block any User or User Submission;
(iv) terminate the use of a volunteer abroad organization that knowingly and willingly adds content that is false, misleading, or inaccurate. The Company reserves the right not to comment on the reasons for any of these actions. Registration You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.

You shall not use as a User ID, domain name, or fundraising campaign name any name or term that

(i) is the name of another person, with the intent to impersonate that person;
(ii) is subject to any rights of another person, without appropriate authorization; or
(iii) is otherwise offensive, vulgar, or obscene.

The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. In lieu of creating a User ID and password for Volunteer Forever, users are permitted to register with the Site using pre-approved social networking accounts. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. You may not register, access, or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

Campaigns: Fundraising and Commerce Volunteer Forever is a platform where Volunteers run campaigns to fund meaningful travel projects by soliciting donations from Donors. Volunteers are also permitted to offer rewards or perks in exchange for donations. By creating or donating to a fundraising campaign, you agree to be bound by this entire Agreement, including the following terms:
 Donors agree to provide their payment information at the time they donate to a campaign; the payment will be processed at the conclusion of the fundraiser’s (aka project creator aka volunteer) campaign. The amount that the Donor donates is the amount they will be charged.
 Donors consent to Volunteer Forever and its payments partners authorizing a charge on their payment card or other payment method for any amount up to the full pledge at any time between the donation and collection of the funds.
 Donors agree to have sufficient funds or credit available at the time of donation to ensure that the donation can be processed.
 Donors agree that all donations are final and that they are not guaranteed a refund should the Volunteer’s campaign not reach its goal or be cancelled for any reason.
 Donors and Project Creators agree to abide by the PayPal Acceptable Use policy, which can be found at: https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=ua/AcceptableUse_full  Donors and Project Creators must be residents of a country supported by PayPal.
 Fundraisers (aka Project Creators) and donors agree that fundraisers are responsible for all refunds and chargebacks. Volunteer Forever provides an intermediary service and is therefore not responsible for any refunds or chargebacks.  For all campaigns, Volunteer Forever gives to the Volunteer each Donor’s User ID and pledge amount, except where the Donor has expressed a desire to remain anonymous.
 Volunteers may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
 Volunteer Forever and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
 Volunteers agree to create no more than five fundraisers per year on Volunteer Forever
 Volunteers will not engage in any kind of equity or debt-based crowdfunding on Volunteer Forever.
 Volunteer Forever reserves the right to cancel a donation at any time and for any reason.
 Volunteer Forever reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Volunteer Forever is not liable for any damages as a result of any of those actions.

Volunteer Forever’s policy is not to comment on the reasons for any of those actions. Fees and Payments There are no account set-up or maintenance costs to use Volunteer Forever. However, the Company charges fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service. Donations donated by Donors are collected by PayPal. Volunteer Forever is not responsible for the performance of PayPal. Third-Party Sites The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. Note: Volunteer Forever is not responsible for verifying or guaranteeing the accuracy of any information posted by its users to include Volunteers, Donors, Advertisers, or Volunteer Organizations. Any decision to utilize a third-party’s service (to include volunteer organizations) is done at YOUR OWN RISK. Content and License You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder.

You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. Intellectual Property of Users By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
 The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself: You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
 You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
 You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
 Volunteer Forever takes copyright infringement violations very seriously. You agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Volunteer Forever all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
 The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
 The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
 All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
 The Company will not be liable for any errors or omissions in any Content.
 The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
 All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party. In accordance with the Digital Millennium Copyright Act ("DMCA"), Volunteer Forever has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Volunteer Forever also may terminate User accounts even based on a single infringement. Termination The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Warranty Disclaimer The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves, their campaigns, or their services. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. Indemnification You shall defend, indemnify, and hold harmless the Company, its affiliates, agents, employees, officers, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. Limitation of Liability IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) DAMAGES OR LOSS RELATED TO DISPUTES BETWEEN USERS, OR USERS AND ANY THIRD PARTY (E.G. DELIVERY OF GOODS AND SERVICES, AND OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH CAMPAIGNS ON THE SITE) OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. International Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. Electronic Delivery, Notice Policy, and Your Consent By using the Services, you consent to receive from Volunteer Forever all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. Volunteer Forever may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services. Governing Law These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Volunteer Forever or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. Integration and Severability These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Attorney’s Fees In the event a dispute arises concerning the performance, meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in such dispute shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and attorneys’ fees. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit on this Agreement shall be entitled to its attorneys’ fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. A party shall be considered the prevailing party if (a) it initiated the litigation and substantially obtains the relief it sought, either through a judgment or the losing party’s voluntary action before trial or judgment; (b) the other party withdraws its action without substantially obtaining the relief it sought; or (c) it did not initiate the litigation and judgment is entered for either party, but without substantially granting the relief sought. Force Majeure The Company shall not be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond the reasonable control of the Company. including, without limitation, mechanical, electronic, or communications failure or degradation. Notices Except as otherwise expressly stated in this Agreement, all notices shall be in writing and emailed to the following address: notice@volunteerforever.com All notices to you shall be delivered to your e-mail address as provided by you in your account information. Such notice shall be considered to be received by you within 24 hours of the time it is e-mailed to you unless we receive notice that the email was not delivered. Assignment The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. Our Relationship No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Capacity to Enter into Agreement You represent and warrant that (a) you are over the age of eighteen (18); (b) have the full power and authority to enter into and perform this Agreement; and (c) the execution and performance of this Agreement does not violate, conflict with, or result in a material default under any other contract or agreement to which you are a party, or by which you are bound. Headings The section headings appearing in the Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.