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Date of Last Revision: June 24th, 2013
Welcome to OurMark! We have created a service that helps you search, track, build a profile and score based-on, and share, good deeds you perform with or through charitable organizations and other non-governmental organizations (NGOs) and companies in general ("OurMark Partners").
This Terms of Service (as it may be amended from time to time, the "Agreement") is a legal agreement between you (and, if applicable, the organization or entity that you represent) ("you" or "your") and OurMark, Inc. ("OurMark", "we", "our" or "us"). OurMark provides the services described above to you through our website located at www.ourmark.com (the "Site"), its applications and its related services (the Site and such applications and services, including any modifications thereto, collectively, the "Service(s)"), subject to the following Agreement. We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice.
You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement (unless we provide an alternative acceptance date in a notification to you in writing, such as an email). If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes.
Marks: "marks" are the unit of measure created by us to determine a score for our users; a score which results from multiple qualifying activities that you might be engaged in with or through OurMark partners. Marks will be assigned to you every time a good deed is registered (either by you or one of OurMark partners) in your account. Note that, through the Service, when you add a good deed to your profile with respect to a third party (including an OurMark Partner), we will attempt to send that third party a message notifying it of that good deed, and we will attempt to give the third party an opportunity to endorse it, respond to you with respect to that good deed, edit it to match their records (and then endorse it) or reject it.
Certificates: When you engage in a qualifying activity with an OurMark Partner, you may sometimes receive an electronic certificate that allows you to keep a record of such activities. The Service will permit you to store these certificates for your own records and/or share these certificates with your friends or family, and through social networks, among other things. Each certificate will have a value expressed in "marks".
Impact topics: We have designated as "Impact Topics" those actions by which you can make a positive contribution to other people and/or the environment. Impact Topics are a conceptualization of good deeds exclusive to OurMark, which can change over time (i.e., we may add new Impact Topics and / or discard others).
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Service by text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify OurMark of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. OurMark will not be liable for any loss or damage arising from your failure to comply with this Section.
Activities: OurMark is not the provider of any activities and we are not responsible in any way for any services or activities conducted in connection with OurMark Partners or the Service.
Modifications to Service: OurMark reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OurMark will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that OurMark may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Marks, data or other content will be retained by the Service and the maximum storage space that will be allotted on OurMark's servers on your behalf. You agree that OurMark has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that OurMark reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that OurMark reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by OurMark. OurMark reserves the right to investigate and take appropriate legal action against anyone who, in OurMark's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant OurMark and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to OurMark are non-confidential and OurMark will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that OurMark may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OurMark, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User Disputes You agree that you are solely responsible for your interactions with any other user or any OurMark Partner in connection with the Service and OurMark will have no liability or responsibility with respect thereto. OurMark reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or any OurMark Partner.
Termination You agree that OurMark, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if OurMark believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. OurMark may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that OurMark may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that OurMark will not be liable to you or any third party for any termination of your access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by OurMark, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (such as mobile applications) is the property of OurMark, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by OurMark.
The OURMARK name and logo are trademarks and service marks of OurMark (collectively the "OurMark Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not be OurMark or be affiliated with or connected to OurMark. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of OurMark Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of OurMark Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will OurMark be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of advertisements or content posted, emailed or otherwise transmitted via the Service. You acknowledge that OurMark does not pre-screen content, but that OurMark and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, OurMark and its designees will have the right to remove any content that violates this Agreement or is deemed by OurMark, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Copyright Complaints: OurMark respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify OurMark of your infringement claim in accordance with the procedure set forth below.
OurMark will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to OurMark's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, OurMark will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OurMark has adopted a policy of terminating, in appropriate circumstances and at OurMark's sole discretion, users who are deemed to be repeat infringers. OurMark may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
OurMark may offer Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
OurMark and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Third Party Websites The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet, including to OurMark Partners. OurMark has no control over such sites and resources and OurMark is not responsible for such sites and resources. You further acknowledge and agree that OurMark will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that OurMark is not liable for any loss or claim that you may have against any such third party.
In addition, OurMark is not responsible for the accuracy, availability or reliability of any products, information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, OurMark is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. OurMark enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation by OurMark.
Indemnity and Release You agree to release, indemnify and hold OurMark and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Agreement or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. ourmark expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Ourmark makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material uploaded by others or purchased or obtained by you through the service will meet your expectations.
Limitation of Liability You expressly understand and agree that ourmark will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if ourmark has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. in no event will ourmark's total liability to you for all damages, losses or causes of action exceed the amount you have paid ourmark in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you. if you are dissatisfied with any portion of the service or with this agreement, your sole and exclusive remedy is to discontinue use of the service.
General This Agreement constitutes the entire agreement between you and OurMark and governs your use of the Service, superseding any prior agreements between you and OurMark with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. You and OurMark agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of OurMark to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions? Please contact us at email@example.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.