Edcamp Foundation Terms of Use Agreement

Effective Date: January 1, 2018

The Edcamp Foundation and its respective successors and assigns (“Foundation,” “we,” “us” or “our”) welcomes you (“you” or the “User”). The Foundation is a Pennsylvania nonprofit corporation that is exempt from federal income tax as a charitable organization described in Section 501(c)(3) of the Internal Revenue Code. The Foundation’s purpose is to provide educational support. The Foundation carries out its purpose by connecting, empowering, and engaging educators and others around the world to share, develop, and disseminate content that is either in the public domain or that may be used free of charge. You are an individual user or an organizer of an Edcamp event (as defined below).

Background

In furtherance of its charitable purpose, the Foundation maintains a website available at http://www.edcamp.org/ (“Foundation’s Website”) as well as an educational “wiki” page (an open website that may be edited by any user who creates an account on the website) available at http://edcamp.wikispaces.com/ (“Edcamp Wiki”) (collectively, the Foundation’s Website and the Edcamp Wiki are referred to herein as the “Edcamp Sites”). The Foundation uses Edcamp Wiki to share the instructions for how to run an Edcamp event (such as an in Edcamp-speak, an “unconference”) (“Edcamp Event”) and to provide organizers of Edcamp Events with sample press releases and other materials. The Foundation also provides to Edcamp Event organizers non-exclusive, royalty-free licenses (on the conditions stated herein) to develop and use the Edcamp logo (the “Edcamp Logo”) in order to create derivative logos to identify and promote their respective Edcamp Events. In addition, the Edcamp Wiki provides a geographic map of Edcamp Events and contact information for their organizers so that would-be participants can easily locate an Edcamp Event nearby. Thus, the Edcamp Wiki provides the tools for individuals to initiate and host their own Edcamp Events or to locate existing Edcamp Events if they wish to participate in an already-established Edcamp Event. Individuals interested in running their own Edcamp Events can create a page on the Edcamp Wiki and begin to find others in their area who may be interested in becoming involved.

We encourage you to join the Edcamp community by using the Edcamp Services (e.g., using the Edcamp Sites, organizing Edcamp Events, etc.). Before you participate, however, please be aware that you are legally responsible for all of your actions as a participant or organizer and that you are legally responsible for all of your contributions, edits, and re-use of content on the Edcamp Sites under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). You are not an agent or volunteer for the Foundation, and your actions are not the actions of the Foundation, even if you are an organizer of an Edcamp Event. To this end, we ask that you please read and agree to this Terms of Use Agreement (these “Terms”). These Terms govern (i) your use of the Edcamp Sites, including but not limited to the content, products, technology, functions and services available on the Edcamp Sites; (ii) any support provided to or by the Foundation; (iii) your involvement in any Edcamp Events, either as an organizer or participant; (iv) your use of any services provided by the Foundation on the Edcamp Sites or otherwise; and (v) the conditions upon which you are permitted to organize an Edcamp Event and to use the Edcamp Logo, the Edcamp name, or any other Foundation property (collectively, “Edcamp Services”). Please carefully read these Terms before using the Edcamp Services, as they govern use of the Edcamp Services by all persons and entities, including you, and constitute an agreement between you and the Foundation. By using the Edcamp Services, you signify that you have read these Terms and agree to be bound by (i) them; (ii) the Wiki’s own Terms of Use, which are incorporated herein by reference and available at http://www.wikispaces.com/terms; (iii) the Edcamp Anti-Harassment Policy, which is also incorporated herein and available at http://www.edcamp.org/anti-harassment-policy; (iv) the Edcamp Privacy Policy, which is also incorporated herein and available at __________, (v) as well as any applicable laws and regulations. We may update these Terms from time to time. Each time you use any of the Edcamp Services, the current version of these Terms will apply. Accordingly, when you use the Edcamp Services, you should check the date of these Terms (which appears at the top of this page) and review any changes. If you do not agree with these Terms, you may not access or otherwise use the Edcamp Services. Where applicable under law, these Terms constitute a writing signed by you.

Intellectual Property

We respect the intellectual property rights of others, and we ask that you do the same.

The EDCAMP word mark, U.S. Registration No. 4,936,638 (the “Edcamp Mark”), is owned by the Foundation and used throughout the world by its authorized licensees.  The Edcamp flaming apple logo (the “Edcamp Logo”) is also protected by intellectual property laws and must be used only in accordance with these Terms.  The Edcamp Logo is licensed under a Creative Commons NonCommercial Sampling Plus 1.0 License.  It is a derivative of the BarCamp logo and it is attributed to Lorenzo Ibarra. 

You may use the Edcamp Mark and the Edcamp Logo, and create further derivatives of the Edcamp Logo, in connection with organizing an Edcamp Event, e.g., Edcamp Boston, provided that you use the Edcamp Mark and the Edcamp Logo only in connection with hosting Edcamp Events and events that meet the guidelines provided by the Foundation, including without limitation, these Terms. If you create a derivative of the Edcamp Name and Edcamp Logo that will be used with an Edcamp Event, you must follow the Brand Standards Guide (to be provided by the Foundation), and such derivatives may not be registered as trademarks in the U.S. or any other jurisdiction worldwide. You may use the Edcamp Mark and Edcamp Logo in connection with other educational activities only with the prior written consent of the Foundation, which the Foundation may withhold for any reason in its sole discretion. 

Except for any third-party content used as part of the Edcamp Sites, the data and materials on the Edcamp Sites, including without limitation the Edcamp Mark, text, software, graphics, photos, music, videos, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Edcamp Sites (collectively, “Edcamp Content”) are the intellectual property of the Foundation. Edcamp Content is protected by copyright, trademark, and other intellectual property laws and all ownership rights remain with us. We reserve all rights in and to the Edcamp Content. Edcamp Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used except as set forth in these Terms or with the express written permission of the Foundation.

The Foundation reserves the right to monitor your use of the Foundation’s intellectual property, to pursue any legal or technical remedies to prevent the violation of these Terms, and to protect the rights and property of the Foundation. If you violate these Terms, your permission to use the Edcamp Services automatically terminates, and you must immediately cease and desist using the Edcamp Mark and Edcamp Logo and any derivatives thereof, and destroy any copies you have made of the Edcamp Content.

If you wish to request permission to use any Edcamp Content in a manner otherwise prohibited under these Terms, please contact: info@edcamp.org.

Passwords and Account Security

You may view Edcamp Content without registering with the Foundation, but to host or organize an Edcamp Event and as a condition of using certain aspects of the Edcamp Services, such as the Edcamp Wiki, you will be required to create a user profile (“User Profile”) by providing your name and email address and selecting a password. If you create a User Profile, you acknowledge that we will treat anyone who logs in using your User Profile as “you.” We will provide this User Profile with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your password in confidence and that you refrain from disclosing this information to anyone. You agree to notify us immediately of any unauthorized use of your password or User Profile or any other breach of security.

User Conduct and Submissions

You are solely and legally responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submissions”) that you submit, upload, publish, post, communicate, or display (collectively, “post”) when using the Edcamp Services. You warrant and represent that to promote the Foundation and Edcamp Events, the Foundation and Edcamp Event organizers may use the name, image, and likeness of any person appearing in a photo or video recording you transmit to us, and that you have obtained all rights and permissions necessary to grant such rights. You also hereby consent to the Foundation and Edcamp Event organizers’ use of your own name, image, and likeness in connection with the Foundation’s work and the Edcamp movement. When using the Edcamp Services, you may not post, transmit or share User Submissions that you did not create or that you do not have permission to post. While the Foundation has the right to monitor activity and content associated with using the Edcamp Services, and may choose to pre-screen User Submissions, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that the Foundation may use certain automated filters and other tools to block spam and to categorize and arrange User Submissions. We may, but will have no obligation to, remove or limit access to User Submissions that we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does the Foundation have any obligation to verify the accuracy, timeliness or truthfulness of any User Submissions, nor to monitor any User. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submissions that you post or store when using the Edcamp Services.You understand that the Foundation is not responsible for User misuse or misappropriation of any content or information that you post anywhere when using the Edcamp Services. See also, below, at Section 15, Contact for Alleged Copyright Infringement. You understand that in using the Edcamp Services, you may be exposed to User Submissions that you find offensive, indecent and objectionable. We ask that you contact us to let us know of content that you find objectionable. Please also carefully review the Foundation’s Anti-Harassment Policy. We may investigate the complaints and any violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will the Foundation be liable in any way for any User Submissions, including but not limited to errors or omissions in any User Submissions, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submissions posted, emailed, transmitted, or otherwise made available via the Edcamp Services.

In posting any User Submissions, you represent that to the best of your knowledge, and your ability to confirm the content of such User Submission, the material and information you post is accurate and truthful and is not misleading and that you have all rights necessary to post such User Submissions without violation of any intellectual property or other rights or any laws or regulations. You further understand and agree that by posting any User Submissions when using the Edcamp Services, or otherwise providing any User Submissions to the Foundation, you are granting the Foundation, and any organizers of and participants in Edcamp Events, a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt and distribute that content (in whole or in part) for use in connection with or related to the Edcamp Services, or any part thereof, for the full term of any copyright that may exist in such User Submissions, and that the foregoing license includes a right for the Foundation, organizers and participants at Edcamp Events, and other individuals using the Edcamp Services to make such User Submissions available to third parties, in each case without any compensation or obligation to you, subject to the Edcamp Privacy Policy. You hereby further grant the Foundation (and Edcamp Event participants and organizers and others using the Edcamp Services) the right to edit, copy, publish and distribute for any lawful purpose any User Submissions made available by you when using the Edcamp Services. You also permit any other User to access, view, store, or reproduce any content or links posted by you when using the Edcamp Services, subject to these Terms.

You understand that the Foundation cannot and does not guarantee the identity of any other User with which you interact when using the Edcamp Services. Additionally, we cannot and do not guarantee the authenticity of any data or information that Users may provide about themselves, community events, or any other User Submissions that are posted or otherwise made available via the Edcamp Services. You agree that you must evaluate, investigate, and bear all risks associated with the use of any User Submissions, including reliance on the accuracy, completeness, or integrity of such User Submissions.

You further understand and agree that the Foundation may preserve User Submissions, and may also disclose User Submissions, including personally identifiable information (notwithstanding the Privacy Policy), 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; (b) enforce these Terms or any other applicable agreement or policy; (c) respond to claims that any User Submission violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Foundation, its Users, organizers and participants at Edcamp Events, and the public. Without limiting the generality of the foregoing, the Foundation may be required to disclose information pertaining to User Submissions to individuals asserting rights under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”), and you expressly authorize the Foundation to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

User Compliance

You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all of your acts and omissions, and the acts or omissions that occur under your User account. By using the Edcamp Services and organizing or participating in Edcamp Events, you agree that you will not do any of the following or encourage, solicit, assist or enable any third party to:

  • Use the Edcamp Services or the Edcamp Events for any unlawful purpose, including but not limited to conspiring to violate the law or that could threaten the Foundation’s status as a charitable tax-exempt organization;
  • Upload, post, email, transmit or otherwise make available any content, or engage in communication that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships, including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Create a false or misleading identity for any reason whatsoever, including, but not limited to, impersonating a Foundation employee, or an authorized Edcamp organizer, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
  • Upload, post, email, transmit or otherwise make available any content that contains in any form software viruses or such programs including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Upload, post, email, transmit or otherwise make available any material that the Foundation determines constitutes pornography or is otherwise of a similar adult nature.
  • Use the Edcamp Services or organize or participate in Edcamp Events in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Edcamp Sites, including but not limited to interference with or disruption to the Edcamp servers or networks connected to the Edcamp Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Edcamp Sites;
  • Attempt to gain unauthorized access to the Edcamp Sites, User Profiles, computer systems or networks connected to the Edcamp Sites or its Users, through password mining or any other means;
  • Attempt to hack, decompile, or reverse engineer any portion of the Edcamp Services;
  • Register for more than one User Profile, or register for a User Profile on behalf of an individual other than yourself, create an Edcamp Event listing without authorization or list yourself as an organizer for an Edcamp Event without authorization;
  • Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the Edcamp Sites, except as expressly authorized by the Foundation, provided that, unless otherwise determined by the Foundations, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
  • Remove any copyright, trademark, or other proprietary notices from the Edcamp Sites or any copy thereof without the express permission of the Foundation;
  • Reformat or frame any portion of the web pages that are part of the Edcamp Sites;
  • Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
  • Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
  • Interfere with another User’s use and enjoyment of the Edcamp Services;
  • Harvest or collect email addresses or other contact information of Users, including usernames, from the Edcamp Sites by electronic or other means;
  • Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third-party website or service;
  • Take any steps to interfere with or in any manner compromise or circumvent any of the Foundation’s privacy or security measures;
  • Harm minors in any way;
  • Allow usage by others in such a way as to violate these Terms, the Privacy Policy or any other applicable agreements or policies in effect from time to time; or
  • Use the Edcamp Services for any unauthorized purpose or in any manner not expressly permitted by these Terms.

Links to Third-Party Websites and Third-Party Transactions

The Edcamp Sites may contain links to websites or resources other than our own. The Foundation has no control over these third-party sites or their content and does not assume responsibility or liability for any content, opinions, materials, or services available on them. The Foundation does not control or endorse the content of any third-party site, nor does the Foundation warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you decide to leave the Edcamp Sites and access a third-party site or use or install any third-party applications, software or content, you do so at your own risk and you should be aware that these Terms may no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party site to which you navigate from the Edcamp Sites, or relating to any applications from a third-party site that you access through the Edcamp Sites.

Social Media

The Foundation has numerous accounts across social media platforms that are accessible on or through the Edcamp Sites, as well as directly through the social media platforms themselves (“Edcamp Social Media”). These social media platforms may have their own policies and procedures that govern your use. To the extent that a social media platform does not have its own policies and procedures in place or the policies and procedures do not address topics covered under these Terms, these Terms shall govern your use of all Edcamp Social Media. Any statements made on any Edcamp Social Media should not be attributed to the Foundation. The views expressed are those of the commentators and not necessarily those of the Foundation. If any comments are of a political nature, it should be noted that the Foundation does not endorse (or oppose) any candidates, and that any possible commentaries are presented as a public service in the interest of informing the public. Without limiting the foregoing, uploading, publishing, posting, or displaying the following is expressly prohibited on all Edcamp Social Media:

  1. Any of the above activities listed in Section 5, above;
  2. Unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable material, or material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  3. Flame messages, spam, and trolling;
  4. Political, lobbying, or religious discourse;
  5. Intentionally false or misleading statements;
  6. An offer to sell or buy any product or service;
  7. Material that infringes on a third party’s intellectual property rights, including copyright, trademark, and other proprietary rights;
  8. Any content that contains in any form software viruses or such files or programs designed to interrupt, destroy, or limit the functionality of the Edcamp Sites or damage any computer software or hardware or telecommunications equipment;
  9. Information that you know to be confidential or sensitive or otherwise in breach of the law; and
  10. Comments that are intended to or have the appearance of being intended to intimidate the Foundation’s employees.

The Foundation reserves the right, but does not have the obligation, to monitor Edcamp Social Media and delete any postings that violate the permitted uses of Edcamp Social Media as described herein. The Foundation’s use of social media does not confer and should not be construed to confer, by implication, estoppel or otherwise, any license or right under any copyright, trademark or other proprietary right to any material whatsoever that is owned or licensed by the Foundation.

The list of Edcamp Social Media uses includes, but is not limited to, the following and is subject to change from time to time:

  • sharing information about upcoming Edcamp Events;
  • sharing information about the Edcamp Foundation itself;
  • sharing information about Edcamp Events or sessions held at Edcamp Events; and
  • sharing blog posts written about the Edcamp movement and the impact of attending Edcamp Events.

Third-party Website Links to Edcamp Sites

Edcamp permits third-party websites to link to the Edcamp Sites subject to the third party’s compliance with the following conditions. A site that links to the Edcamp Sites:

  1. May link to, but not replicate, content contained on the Edcamp Sites;
  2. Must not create a border environment or browser around content contained on the Edcamp Sites;
  3. Must not misrepresent the Foundation’s relationship with the linker;
  4. Must not imply that the Foundation is endorsing or sponsoring the linker or the linker’s services or products;
  5. Must not use Edcamp Content without prior written permission from the Foundation;
  6. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
  7. Must not contain materials that would violate any laws; and
  8. Must agree that the link may be removed at any time upon the Foundation’s request pursuant to the Foundation’s reserved rights to rescind its consent to allow the link.

Additional Terms for Certain Edcamp Services

Donations. Edcamp Services include a platform through which Users may make tax-deductible charitable contributions to “The Edcamp Foundation” in support of the Foundation’s charitable mission and its activities. By making a donation through the Foundation Website, you represent that you are at least eighteen years of age (or if under eighteen years of age are acting with parental consent and under parental supervision). In addition, you represent that all information you provide to the Foundation at the time of your donation is accurate. Only the authorized credit card holder may donate on the Edcamp Sites. A third party may not use your credit card or enter donations on your behalf.

The Foundation is an organization described under Section 501(c)(3) of the Internal Revenue Code, and charitable contributions to the Foundation are tax deductible to the extent allowable by law. If you wish to make a charitable contribution directly to the Foundation, the official registration and financial information of the Foundation may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, (800) 732-0999. Registration does not imply endorsement.

The Foundation has exclusive legal control and discretion over all contributions received. Contributions made to the Foundation are not restricted donations. Any language that suggests a restriction on a donation, either intentionally or inadvertently, whether expressed by a donor, or any third party in connection with the solicitation of the donation or otherwise, is merely an expression of preference or advisory (i.e., precatory) and does not contractually or otherwise bind the Foundation. Notwithstanding, the Foundation may impose restrictions on its distributions of funds to ensure that the funds distributed will be spent for charitable purposes and in accordance with federal tax rules and regulations. The Foundation cannot guarantee that any such restrictions on its distributions will be honored, but the Foundation does reserve the right to request a return or repayment of any misapplied funds.

The Foundation does not solicit charitable funds on behalf of Edcamp Events, and the Foundation has no obligation to support Edcamp Events with contributions received (even if the funds were contributed in response to an organizer’s solicitations that promised that contributed funds would support a particular Edcamp Event). The Foundation may refuse at any time to support or distribute funds to a particular Edcamp Event. For example, the Foundation may refuse to distribute funds to an Edcamp Event if the Foundation learns that a distribution would jeopardize the Foundation’s tax-exempt status or if the organizer has violated any provisions of these Terms.

All donations made on the Edcamp Sites are processed by PayPal, which will charge the User a transaction fee for each donation. Each donation amount is reduced by this transaction fee. The Foundation does not receive any of the proceeds from the fee that PayPal charges. Information about PayPal’s transaction fee is available at www.paypal.com/webapps/mpp/paypal-fees.  The Foundation is not liable for the manner in which PayPal processes any donation on the Edcamp Sites. All contributions made via the Foundation’s Website are complete and final charitable contributions to the Foundation and are not refundable, and they are complete upon submission through PayPal. Unless otherwise indicated, the Foundation will not provide matching funds. You may not enter donations on behalf of other donors. The Foundation does not accept contributions any part of which may be deemed as a sale, nor does it provide any gifts or services in exchange for contributions received.

The Foundation will issue donors receipts for their charitable contributions for their tax purposes; separately, individuals soliciting contributions may thank donors through other correspondence and communications.

Third-Party Fundraisers. The Foundation assumes no responsibility for third-party fundraisers either established on the Edcamp Sites, or promoted or posted on the Edcamp Sites or on Edcamp Social Media. Any fundraising campaigns or efforts must be conducted in accordance with all applicable fundraising laws. Any User posting charitable solicitations on the Edcamp Sites or on Edcamp Social Media or via any other Edcamp Services represents that he or she is in compliance with all applicable fundraising and charitable solicitation laws.

Organizers of Edcamp Events and all other Users must comply with all applicable state charitable solicitation registration laws with respect to any fundraisers promoted on the Edcamp Sites or via any other Edcamp Services, including keeping current their charitable registrations and posting all required disclosures and notices on the fundraising page. The Foundation is not responsible for making such disclosures or posting such notices on behalf of Users. Users must establish and exercise control over fundraising activities conducted for their benefit, including approval of all written contracts and agreements, and must assure that fundraising activities are conducted without coercion.

The Foundation is not liable or responsible in any way for any third-party fundraiser whether posted, promoted, or established on the Edcamp Sites or on Edcamp Social Media or via any other Edcamp Services, or for any damage or loss to any User or third party related to a third-party fundraiser’s use of the Edcamp Services. The Foundation makes no guarantee regarding the amount of funds that may be donated to or raised on behalf of a User through fundraising campaigns or efforts on the Edcamp Sites or otherwise.

The Foundation is under no obligation to become involved in any dispute related to a third-party fundraiser that may arise between any User, any donor to any fundraising campaign or effort, or any other parties. You release the Foundation, its directors, officers, employees, agents and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and uses of the Edcamp Services.

As means of raising awareness, rallying support, and raising contributions in support charitable causes using the Foundation’s platform, the Foundation acknowledges that volunteers may organize or sponsor events and activities, such as picnics, walk-a-thons, athletic competitions, etc. (“Fundraising Events”) that may or may not be charity-sponsored events. The Foundation does not sponsor, endorse, authorize, or approve of such Fundraising Events or such solicitations, and the Foundation has no involvement in, or control over the planning, organization, or carrying out of such Fundraising Events or such solicitations.

Fees and Payments

Creating a User Profile on Edcamp Sites is free. However, we may charge a fee for certain services. When you use a service that has a fee, you have the opportunity to review and accept the fee that you will be charged. Changes to fees are effective after we have provided you with notice on the Edcamp Sites. You are responsible for paying all fees and taxes associated with your use of the Edcamp Services.

Modification or Termination

The Foundation reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Edcamp Services (in whole or in part) with or without notice to you.

The Foundation may terminate your account and may suspend or remove you from the Edcamp Services without prior notice for any reason or no reason at our sole discretion. You agree that the Foundation will not be liable to you or any third party for any modification, suspension or discontinuance of the Edcamp Services.

Indemnification

By accepting these Terms, you agree to indemnify and otherwise hold harmless the Foundation, its directors, officers, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of the Edcamp Services; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right. The Foundation reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with the Foundation in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Foundation.

Disclaimers

Any new feature, tool or information added to or that enhances the Edcamp Services will automatically become part of the Edcamp Services and will be subject to these Terms. In using the Edcamp Services, you acknowledge and agree that the Edcamp Services may also include third-party advertisements and marketing tools. While the Foundation makes a reasonable effort to provide accurate and useful information to its Users, the Foundation makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the Edcamp Sites or available through your use of any other Edcamp Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE EDCAMP SERVICES IS AT YOUR OWN RISK AND THAT THE EDCAMP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. THE FOUNDATION AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE EDCAMP SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE EDCAMP SERVICES. THE EDCAMP SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY EDCAMP, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE EDCAMP SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE EDCAMP SERVICES.

THE RELEASED PARTIES MAKE NO WARRANTY THAT (a) THE EDCAMP SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE EDCAMP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EDCAMP SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED WHEN USING THE EDCAMP SERVICES WILL MEET YOUR EXPECTATIONS, (e) THE EDCAMP SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, (f) INFORMATION PROVIDED WHEN USING THE EDCAMP SERVICES IS ACCURATE OR TIMELY, AND (g) ANY ERRORS IN THE EDCAMP SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EDCAMP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOUNDATION OR WHEN USING THE EDCAMP SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE EDCAMP SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Third-party websites that are accessible through the Edcamp Services may provide warranties and applicable disclaimers in their terms of use and related documents. We encourage you to review their terms of use for more information on their warranties and applicable disclaimers.

Limitations on Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE EDCAMP SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE EDCAMP SERVICES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE EDCAMP SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EDCAMP SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE EDCAMP SERVICES BY ANY THIRD PARTY.

THE FOUNDATION RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE EDCAMP SERVICES OR THE CONTENT ON THE EDCAMP SITES OR TO SUSPEND OR TERMINATE YOUR USE OF THE EDCAMP SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE EDCAMP SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE EDCAMP SERVICES.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, YOU AGREE THAT IN NO EVENT WILL THE FOUNDATION’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE EDCAMP SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Contact for Alleged Copyright Infringement

If you believe that your work has been copied and posted via the Edcamp Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. 512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Edcamp Sites; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.

The Foundation’s Copyright Agent for notice of claims of copyright infringement can be reached at:

Dina Leytes
Griesing Law, LLC
1717 Arch Street, Suite 3630
Philadelphia, PA 19103
dleytes@griesinglaw.com
215-732-3924

With a copy to Morgen Cheshire, Esq. send to morgen@cheshirenonprofitlaw.com.

Upon receipt of notice as described above, the Foundation will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Edcamp Sites, in accordance with applicable law.

Children Under the Age of 13

The Edcamp Services are not directed at children. Children under the age of 13 should not attempt to use the Edcamp Services without parental supervision and approval.

Privacy Policy

These Terms must be read in conjunction with our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein. For information on how information is collected, used or disclosed by us in connection with your use of the Edcamp Services, please consult our Privacy Policy at ________.

Applicable Laws

The Foundation makes no representation that materials available via the Edcamp Services are appropriate or available for use in all jurisdictions, and access to them from territories where their content are illegal is prohibited. You may not use, export or re-export the Edcamp Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to use the Edcamp Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

The Terms and the Privacy Policy shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You and the Foundation agree to submit to the personal and exclusive jurisdiction of state and federal courts located in Philadelphia County, Pennsylvania.

Miscellaneous

The section titles of these Terms are displayed for convenience only and have no legal or contractual effect. The failure of the Foundation to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.

The Foundation reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Edcamp Services, Users, and the rights and property of the Foundation.

We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.

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 Edcamp Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

Changes to these Terms

We reserve the right to update or modify these Terms at any time and without prior notice, by posting a link to the revised version of these Terms on the Edcamp Sites.

No Employment Created

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and the Foundation. If you have not signed a separate agreement with the Foundation, these Terms of Use constitute the entire agreement between you and the Foundation. If there is any conflict between these Terms of Use and a signed written agreement between you and the Foundation, the signed agreement will control.

If in any circumstance, the Foundation does not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by the Foundation, you have no expectation of compensation for any activity, contribution, or idea that you provide to the Foundation or via any of the Edcamp Services.

Contact Us

Please send any questions, concerns or comments, or report violations of these Terms to us at: info@Edcamp.org.