Terms of Use

CommunityShare
Terms of Use

FOR MORE INFORMATION OR IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT TEAM@COMMUNITYSHARE.ORG.

1. Acceptance of Terms of Use

The following is an agreement (“Agreement”) between you (or “Customer”) and CommunityShare (“CommunityShare”), an Arizona nonprofit corporation. By visiting, accessing, browsing, subscribing to, or using this website www.communityshare.org (the “Site”) or the services offered by CommunityShare on the Site (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site or the Services. We reserve the exclusive right to terminate your access to or use of the Site’s services at any time for any reason, including, but not limited to, if we determine in our sole discretion that you have used the Site in any illegal or improper manner, provided false or misleading information, or violated this Agreement.

The Site is offered and available only to users who are 13 years of age or older who reside in the United States. By using the Site, you represent and warrant that you meet the foregoing eligibility requirements and that you are of legal age to form a binding contract with CommunityShare. If you do not meet all of these requirements, you must not access or use the Site.

From time to time, CommunityShare may modify this Agreement and post those modifications on the Site. Your use of the Services after any such modification constitutes your acceptance of the modified Agreement.

The material provided in the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Services are controlled and operated by CommunityShare from its offices within the United States. CommunityShare makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws and the policies of the entity you represent, such as but not limited to school policies and procedures.

2. Ownership and Proprietary Information

The content and information on this Site is proprietary to CommunityShare. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, or services obtained from or through this Site.

3. Use Restrictions and Intellectual Property

The Site may contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, and graphics, and the entire contents of are protected under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site in whole or in part.

You also may not, without CommunityShare’s permission, “mirror” any material contained in the Services on any other server. Any unauthorized use of any content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify CommunityShare for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of this Site, you grant CommunityShare the right to edit, copy, publish and distribute any such material.

CommunityShare or users of the Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that CommunityShare is not responsible for the content or availability of any such websites.

4. Government Restricted Rights

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of CommunityShare’s proprietary rights in them.

5. Changes

Information on this Site may be changed or updated without notice. CommunityShare may also make improvements and/or changes to the Site, the Services, or the programs contained therein at any time without notice.

6. Availability

Information CommunityShare publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that CommunityShare intends to announce such products, programs or services in your country. Consult CommunityShare for information regarding the products, programs and services which may be available to you.

7. Information “AS IS”

Information on this site may contain technical inaccuracies or typographical errors. All information is provided by CommunityShare on an “as is” basis only. CommunityShare will use reasonable efforts to maintain the site and correct any errors that occur. You agree that CommunityShare provides no representations and warranties that access to the site will be unimpeded and you agree that access to the site may be suspended in the case of technical errors, viruses, and the like.

Your access to and use of this site, its services, and forums, are at your sole risk. You are solely liable for your activities related to this site and its services and forums. CommunityShare in no manner warrants the accuracy, completeness, timeliness or other characteristics of any content available on or through this site, its services, and forums. This site, its services and forums, and their content are provided “as is.” CommunityShare makes no representation or warranty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. You are responsible for evaluating and bearing all risks associated with the use this site, its services, forums, and any of its contents, including your reliance on the accuracy, completeness, or usefulness of the content. CommunityShare in no manner warrants that this site will be available for access at all times, and will not be responsible for any inconvenience or other loss you may suffer as a result of your inability to access this site. CommunityShare is in no manner responsible for any damage to your computer, hardware, software, property or person resulting in any way from your use of this site, its services, or its forums.

8. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall CommunityShare be liable for any indirect, special, incidental or consequential damages arising out of the use, or the inability to use, the content offered on this site, even if CommunityShare or a CommunityShare authorized representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of CommunityShare under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.

You hereby agree to release CommunityShare and its employees, agents, officers, directors, agents, and its successors and assigns from any and all liability arising out of or related to your access to and use of this site. You understand that this agreement discharges CommunityShare and its employees, agents, officers, directors, agents, and successors and assigns from any and all liability to you in respect to injury of person or property, injury to reputation, defamation, or any other loss that may result as a result of your access to and use of this site, its services, or its forums.

9. Indemnification

You hereby agree to defend and hold harmless CommunityShare and its employees, agents, officers, directors, agents, successors and assigns from and against any and all losses, liabilities, damages, claims, actions, costs, and expenses (including, but not limited to, any attorneys’ fees and costs) related to or arising out of your access to and use of this Site, its services, or its forums. CommunityShare, at its sole discretion, may participate in the defense of any claim or action at your expense and any negotiations for settlement. CommunityShare reserves the absolute right to assume exclusive defense and control of any claim or action, subject to indemnification by you, without relieving you of your indemnification obligations.

10. User’s Dealings With Third Parties 

If you are using this site to correspond, deal, or otherwise establish contact with another user (“third party”), be it an individual person or entity, your correspondence, dealings or ensuing relationship with such third party or parties are solely between you and the third party or parties. You hereby agree that CommunityShare will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of your correspondence, dealings, or relationship with any other third party or parties, or as the result of the presence of such parties on the services. In addition, you hereby irrevocably waive any claims against CommunityShare arising out of and/or related to your correspondence, dealings, and/or relationship with any other third party or parties.

You hereby release CommunityShare, its officers, employees, agents and successors from any and all claims, demands, losses, damages, rights, and actions of any kind including, but not limited to, personal injuries, death, and property damage, that in any way is related to or arises out of (i) any correspondence, dealings, or contacts you may have with other CommunityShare users, or (ii) your participation in any offline events or activities related to or arising out of your access or use of this Site.

Moreover, if you are accessing or using this Site in your capacity as an agent or representative of any entity or organization, you warrant that you will adhere to and follow any policies or procedures of your entity or organization that may apply or relate to your access or use of this Site or any correspondence, dealings, or other contacts that may arise out of your access or use of this Site.

11. Links To Third Party Sites 

This Site may contain hyperlinks to websites operated by persons or entities other than CommunityShare. Such hyperlinks are provided for your reference and convenience only. You agree not to hold CommunityShare responsible for the content or operation of such websites. A hyperlink from this Site in no manner implies or otherwise conveys that CommunityShare endorses, agrees with, or otherwise warrants the content on that website. You are solely responsible for determining the extent to which you wish to access or use any content on any other websites to which you may link from this Site.

12. Use of Third Party Products and Services

Certain aspects of CommunityShare’s services may be provided, or facilitated, by third parties and are subject to separate terms and conditions. We cannot be held responsible for the acts, omissions or solvency of any such third party. You should read any such third party’s terms and conditions and make sure that you have understood these. We may modify, remove or replace such third party products or components from time to time.

13. Governing Law and Dispute Resolution

This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior to any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Pima County, Arizona and the parties irrevocably waive any objection to such venue.

14. Transmissions

Any material, information or idea you transmit to or post on this Site by any means may be disseminated or used by CommunityShare or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to CommunityShare will be handled in accordance with CommunityShare’s Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” any other form of solicitation, or software viruses. CommunityShare reserves the right to remove, in our sole discretion, any upload or posting that violates this Agreement. CommunityShare moreover reserves the right to take all available and appropriate legal action to protect this Site and its contents from misuse and abuse.

By posting content, including, but not limited to, text and photographs, to this Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use. You hereby agree that you will not knowingly provide content with the intent to defraud or submit misleading or false information. You further represent and warrant that the content you post or otherwise supply does not violate this Agreement, and you will indemnify and hold CommunityShare harmless for any and all claims of any nature resulting from the content you post or supply.

You understand and agree that all content posted to this Site is the sole responsibility of the individual who originally posted the content. CommunityShare in no manner warrants that we approve of any content posted to this Site by you or any other user. CommunityShare also does not claim any responsibility for, and expressly disclaims any and all liability that may arise out of, content posted by you or any other user to this Site.

You agree that CommunityShare has the unconditional right, in our sole discretion, to edit, alter, or remove any content submitted by you or other users to this Site.

15. End User Communications

CommunityShare, at any time now or in the future, may allow you and other end users to use this Site to express opinions, and otherwise communicate through comments, discussion groups, or other communication facilities that may be offered in or through the Services on this Site from time to time (collectively “Communities”). In the event of the existence of such Communities, CommunityShare shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by CommunityShare, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, CommunityShare shall also have the right, but not the obligation, to remove any material from the Communities that CommunityShare, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of CommunityShare.

By posting any opinions, materials, feedback, or other information on or through the Communities, you grant CommunityShare a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.

The Services may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

16. Revisions to this Agreement

CommunityShare may at any time revise this Agreement by updating this posting on this Site. By using this Site and the Services you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms to which you are bound.

17. Digital Millennium Copyright Act (“DMCA”) Notice.

In the event materials are made available in the Services and on this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

18. Severability

If any provision of this Agreement is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or would disqualify this Agreement under any applicable law, such provision shall be construed or deemed amended to conform to applicable law (or if such provision cannot be so construed or deemed amended without materially altering the purpose or intent of this Agreement, such provision shall be stricken as to such jurisdiction and the remainder of this Agreement and the award shall remain in full force and effect).