Version Date: January 18, 2017
Thank you for your interest in MissionBox, where our mission is to provide web-based products and services that inform and support nonprofits, NGOs and charities, improving their ability to address social problems, strengthen communities, enhance capacity and elevate the impact of nonprofit work — around the world.
1. Consent to User Agreement
Whether you use our MissionBox.com Website as a Visitor or as a Registered User, this Agreement governs your use of the website. If you do not agree to the terms of this Agreement, please do not use our Website. By using products and services that we offer on our website from time to time (“Services”), by clicking “Sign Up”, or similarly registering for our Services, or accessing any content or information provided as a part of the Services, you are agreeing to this User Agreement (or the “Agreement”), even if you are using our Services on behalf of a company or organization.
2. Who may use our Website and Services
We welcome you whether as an individual or as an organization interested or active in the nonprofit, NGO or charity space. If you are an individual, you can become a Registered User only if you have capacity to enter into contracts that are not voidable because of your age at the time of entering the contract, but in no event younger than age 13.
3. Service usage and availability
Some of our Services are available only to Registered Users. We require certain information from you when you register as a Registered User. You represent to us that when you register, you are providing your real name and the full name of the non-profit, NGO or charity you’re associated with (if applicable), that the contact information you are providing is your contact information, and that you meet the age qualifications set out in 2. above. You agree to choose a strong password, and to keep that password secure and confidential. You also agree that you are responsible for anything that happens through your account until it is closed or during unauthorized access to it, provided you have not first notified us of the unauthorized access.
Registered User accounts are free, but we reserve the right to charge a fee for Services we may offer as “Premium Services.” We may also offer “Sponsored Services” (services that are funded by another party for use by all or a subset of our Registered Users--e.g. Regional collaboration tools paid for by a funder). The funder of Sponsored Services may determine who can access the Sponsored Service, and may terminate your access to it (but not to other Services available to you as a MissionBox Registered User or Visitor).
You agree that we may contact you about your account, your use of Services, your purchase of Premium Services, or other Website and Services news and matters via a notice we post to your account, or by email, phone or regular mail. You agree to keep the listing of your contact information in your account profile current.
When using the Services, you agree that you will not conduct yourself in a dishonest or unprofessional manner by posting inaccurate or inappropriate content. You agree not to send spam to other Registered Users, or to scrape or copy profiles and account information of other Registered Users.
MissionBox reserves the right to change or discontinue any feature or any and all Services at any time. If you prepay for a Premium Service that we discontinue, we will either keep the Premium Service in effect until your prepaid usage period expires or will refund you a prorate portion of your payment for the period the Premium Service is not available to you, at our sole discretion.
4. Forum and Account (Profile) Content
Information and other content that Registered Users post in Website forums and account profiles (“Registered User Content”) can be seen by other Registered Users or in some instances, by Visitors. We are not obligated to publish, display or otherwise include any Registered User Content on our Services, and can remove it at our sole discretion, with or without notice.
If you are a Registered User, you are responsible for the Registered User Content you post in your account profile and on Website forums, and you represent and warrant to us that you have Posting Rights (see below) with respect to all your Registered User Content you post to Website forums or your account profile (as applicable). Representing and warranting that you have “Posting Rights” means that you represent and warrant to us that you (a) either (1) are the author of the Registered User Content, and/or (2) have a license or other permission to use the Registered User Content, in its original or modified form, by posting it to your account profile or a Website forum and have given attribution or credit to the source of the Registered User Content in accordance with the requirements of the author of the Registered User Content and prevailing norms for the avoidance of plagiarism, and (b) have the right to grant and do in fact grant MissionBox, and its parents, subsidiaries, affiliates, successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to display, copy, modify, distribute copies of, publish, and otherwise use the Registered User Content you post, without any further consent, notice or compensation to you, for the purposes of operating the Website or any successor to the Website, and of offering and providing any other product or service platform established by MissionBox or its successors and assigns to carry on the mission of MissionBox.
You agree to post only Registered User Content that is truthful or that presents your honest opinions in a manner that does not violate the law or the rights of others.
MissionBox can, but is not obligated to, review posted Registered User Content. You agree that we are not responsible for your posted Registered User Content and that if it is determined that any other person is injured by your posted Registered User Content, whether because it infringes on that person’s intellectual property rights or is misleading, inaccurate, offensive, illegal or otherwise harmful, you assume all liability for such injury and you agree to hold harmless, defend and indemnify us, our parents, subsidiaries, affiliates, employees, officers, directors, agents, representatives, successors and assigns against such person’s claims arising out of or related to such injuries, including but not limited to all damages of any kind, penalties, fines, costs and expenses (including attorney’s fees).
5. Account termination
You have the right to terminate your user registration at any time by closing your account. If you close your account, this does not terminate our right and license, granted by you under Section 4. above, with respect to your Registered User Content posted prior to termination. All other provisions of this Agreement shall also survive account termination.
MissionBox reserves the right to suspend or terminate your account if you are in violation of this Agreement.
6. Educational Content
We make articles, documents, forms, templates and other resources (the "Resource Materials") available to all Registered Users and Visitors by posting the Resource Materials to the Website. MissionBox believes that the Resource Materials reflect industry-standard best practices, BUT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY TO THAT EFFECT. By accessing any of the Resource Materials, you acknowledge and agree that (a) as between you and MissionBox, you are relying solely on your own judgement and evaluation of the reliability and suitability of the accessed Resource Materials for your purposes, (b) that none of the Resource Materials displace the need for on are substitutes for legal or other professional advice, and (c) that MissionBox is not responsible for any adverse consequences or damages resulting from your use of the Website or any of the Resource Materials.
7. Copyright and DMCA Notice
MissionBox content is provided free of charge and is intended for personal or internal nonprofit organizational use only. It may not be further reproduced, displayed, republished or otherwise distributed without the express permission of MissionBox, or, in the case of republished content, the original author or source.
If you believe that your work is being misrepresented in a way that constitutes copyright infringement or wrongfully appears on the Website, please notify MissionBox's copyright agent. For the complaint to be valid, it must include the following in writing: the signature of the person authorized to act; identification of the copyrighted work that you claim has been infringed; description of where the material is on the Website; contact information; and a statement, under penalty of perjury, that you are the copyright owner.
The above must be submitted to:
ATTN: DMCA Notice
7600 Burnet Road, Suite 301
Austin, TX 78757 United States
If you register for Premium Services, you agree to pay the applicable fees and taxes, if any. You also agree to pay the charge for the Premium Services (plus applicable fees and taxes, if any) by the payment option you select. The first payment for any Premium Service you register for will be due immediately upon registration, and subsequent payments due on an annual (or monthly, if available based on plan) basis thereafter. Your order for Premium Services will auto-renew every year at the then-current rate, unless you cancel it before the next renewal date, or unless terminated by MissionBox. Purchases may be subject to foreign exchange fees or differences in price due to currency exchange, if applicable.
9. Miscellaneous Matters
We make the Website and the Services available “AS IS,” WITH “ALL FAULTS ACCEPTED.” WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ABOUT ITS FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY OF THE WEBSITE OR ITS SERVICES, OR OTHER WARRANTY OF ANY KIND.
OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT OF THE CONSIDERATION YOU PAY US (NET OF TAXES OR FEES PAID TO ANY THIRD PARTY) DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE YOUR CLAIM AGAINST US AROSE.
This Agreement is governed by the laws of the state of Texas, where MissionBox has its principal offices. You agree that if any dispute arises relating to this Agreement, the state and federal courts sitting in Austin, Travis County, Texas, shall have exclusive jurisdiction and venue over any legal or equitable proceedings, and you submit yourself to their jurisdiction and venue. This Agreement states your and our entire agreement with respect to its subject matter.
Notices related to this User Agreement should be sent to:
ATTN: Operations Dept.
7600 Burnet Road, Suite 301
Austin, TX 78757 United States