Terms of Service
May 13, 2010

Crisis Commons, an unincorporated nonprofit organization based in the District of Columbia, United States (“Crisis Commons” or “we”), operates a series of online services in support of relief for natural disasters and preparedness for future disasters. The services offered by Crisis Commons include each of the websites listed at [link to wiki page listing all CC services] (collectively, the “Websites”), and any other features, content, or applications offered from time to time by Crisis Commons in connection with any of the Websites (collectively, the “Services”). The Services are hosted in the United States.

This Terms of Use Agreement, as may be modified from time to time (“Agreement”), constitutes legally binding terms and applies to your use of the Services. By accessing or using any of the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Services without being registered) or you are a “Member” (which means that you have registered with one or more of the Websites). The term “User” refers to a Visitor or a Member. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. [In addition, in consideration for becoming a Member and/or making use of the Services, you must indicate your acceptance of this Agreement during the registration process.]

We reserve the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by, and your acceptance of, the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately. You may receive a copy of this Agreement by contacting us via email at tos@crisiscommons.org or receiving a PDF copy of the here.

  1. Eligibility. Use of the Services and registration to be a Member for the Services (“Membership”) is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any Applicable Law.
  2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting us via email at tos@crisiscommons.org. Crisis Commons may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages between you and other Users), or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-17.
  3. Password. When you sign up to become a Member, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Crisis Commons immediately at support@crisiscommons.org if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  4. Use by Members. The Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Crisis Commons. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including, without limitation, collecting User information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.
  5. Proprietary Rights in Content. By posting any text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) on, through or in connection with the Services, you hereby grant to Crisis Commons a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on, through or in connection with the Services, including, without limitation, distributing part or all of the Services and any Content included therein, in any media formats and through any media channels now existing or developed in the future. After you remove your Content from the Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
  6. The license you grant to Crisis Commons is non-exclusive, fully paid and royalty-free, sublicensable, and worldwide.
  7. You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Services does not violate the privacy rights, publicity rights, intellectual property rights (including but not limited to copyrights, trade secrets, and rights under confidentiality agreements), contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Services.
  8. The Services contain Content of Crisis Commons (“Crisis Commons Content”). Crisis Commons Content is protected by copyright, trademark, patent, trade secret and other laws, and we and/or our licensors own and retain all rights in the Crisis Commons Content and the Services. Crisis Commons hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Crisis Commons Content (excluding any software code) solely for your personal use in connection with viewing the Websites and using the Services.
  9. The Services contain Content of Users and other Crisis Commons licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Services.
  10. The Services contain Content, including software, that is licensed under Creative Commons, GPL or other open-source licenses (“Open Source Content”). Open Source Content shall be subject to any additional terms imposed by the applicable license agreement. To the extent any such terms conflict with this Agreement, the terms of the relevant license agreement for the Open Source Content shall control.
  11. Content Posted. Please choose carefully the information that you post on, through or in connection with the Services and that you provide to other Users. You may not post any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Crisis Commons assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact the founders of CrisisCommons immediately via email support@crisiscommons.org
  12. Crisis Commons may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  13. You are solely responsible for the Content that you post on, through or in connection with any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
  14. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Services (“Prohibited Content”). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that, we believe in our sole discretion: is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits or is designed to solicit personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without prior written consent from Crisis Commons such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; or violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
  15. Following are examples of the kind of activity that is illegal or prohibited on the Websites and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited activity includes, but is not limited to: criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Services. You may not transmit any chain letters or junk email to other Members. If you breach this Agreement and send or cause to be sent unsolicited, unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Crisis Commons, but that the amount of such harm would be extremely difficult to ascertain; circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services; activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, interfere with, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; using or distributing any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; using invalid or forged headers to disguise the origin of any Content transmitted to or through Crisis Commons’ computer systems, or otherwise misrepresenting yourself or the source of any message or Content; using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Websites for the purposes of sending unsolicited or unauthorized material; engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or using the Services in a manner inconsistent with any and all Applicable Law.
  16. Protecting Copyrights and Other Intellectual Property. Crisis Commons respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other intellectual property or proprietary rights of any person or entity. It is Crisis Commons’ policy to terminate, in appropriate circumstances, the membership of repeat infringers.
  17. If you believe one of your works of authorship has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Crisis Commons, [street address]; Fax: ________; Phone: ______________; Attn: Copyright Agent. Our Copyright Agent can also be reached electronically at copyright@crisiscommons.org.
  18. Member Disputes. You are solely responsible for your interactions with other Users, third party developers or any other parties with whom you interact through the Services. Crisis Commons reserves the right, but has no obligation, to become involved in any way with these disputes.
  19. Privacy. Use of the Services is also governed by our Privacy Policy at http://www.crisiscommons.org/privacy, which is incorporated into this Agreement by this reference.
  20. Disclaimers. Crisis Commons is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Services, by Users of the Services, and such User Content does not necessarily reflect the opinions or policies of Crisis Commons. In addition, Crisis Commons is not responsible for any damage, injury or loss caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Web pages or profiles created and posted by Members on, though or in connection with the Services may contain links to other websites or services. Crisis Commons is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Crisis Commons. Inclusion of any linked website or service on the Services does not imply approval or endorsement of the linked website or service by Crisis Commons. When you access these third party sites and services, you do so at your own risk. Crisis Commons takes no responsibility for third party advertisements that are posted on, through or in connection with the Services, nor does it take any responsibility for the goods or services provided by these third parties. Crisis Commons is not responsible for the conduct, whether online or offline, of any User of the Services. Crisis Commons assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Crisis Commons is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or communications due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including, without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Crisis Commons be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services, attendance at any event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Crisis Commons expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Crisis Commons cannot guarantee and does not promise any specific results from use of the Services.
  21. Limitation on Liability. IN NO EVENT SHALL CRISIS COMMONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CRISIS COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CRISIS COMMONS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.
  22. U.S. Export Controls. Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  23. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia, United States, without regard to its conflict of law provisions. You and Crisis Commons agree to submit to the exclusive jurisdiction of the state and federal courts located within Fairfax County, Virginia, or if such courts decline to exercise jurisdiction, within the District of Columbia, to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
  24. Indemnity. You agree to indemnify and hold Crisis Commons, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, arising from your breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Services.
  25. Other. This Agreement is accepted upon your use of any of the Websites or Services and is further affirmed by you becoming a Member. Your agreement with Crisis Commons will always include this Agreement at a minimum. Your access and use of certain Services may require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement. The failure of Crisis Commons to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
  26. To contact us regarding any questions about this Agreement, please use the Contact Crisis Commons tos@crisiscommons.org.