You agree to be bound by these terms of use (“Terms & Conditions”) by doing any of the following:
- By accessing or using any of the https://developer.webpark.co.sz// websites (collectively, the “Websites”),
- By accessing or using any of the activehorizon services, or any applications (including mobile applications) made available by activehorizon (collectively, the “Services”), like making donations, or
- Nonprofit organizations who may receive donations through activehorizon’s Services, but do not subscribe to activehorizon’s Services
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the Websites or Services, or receiving donations through activehorizon, you signify that you have read, understand, acknowledge, and agree to be bound by the following Terms & Conditions.
You acknowledge that these Terms & Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Websites or Services and may not accept these Terms & Conditions if you are not of legal age to form a binding contract with Nactivehorizon. If you do not agree to these Terms & Conditions, you may not use the Websites or Services or receive any donations through activehorizon. Any use of the Websites or Services in violation of these Terms may result in termination or suspension of your permission to access or use the Websites and Services.
Note that there may be times when we offer a special feature or service, like a subscription-based service, or a special feature or service provided by one of our many partnering organizations that has its own terms and conditions that apply in addition to these Terms & Conditions. In those cases, the terms specific to the special feature, service, or application control to the extent there is a conflict with these Terms & Conditions.
The terms “we,” “us,” or “our” shall refer to activehorizon. The terms “you,” “your,” or “User” shall refer to any individual or entity who accepts these Terms of Use by using this Websites or the Services. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. Nothing in these Terms & Conditions shall be deemed to confer any third-party rights or benefits.
We reserve the right, in our sole discretion, to change these Terms & Conditions (“Updated Terms”) from time to time. We will make reasonable efforts to provide you with notice if the Updated Terms contain any material and substantive changes to your use of the Websites or Services. You agree that we may notify you of the Updated Terms by posting them on the Websites or Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.
Therefore, you should review these Terms & Conditions and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms & Conditions will govern any disputes arising before the effective date of the Updated Terms.
INTELLECTUAL PROPERTY
All trademarks, service marks, and trade names on the Websites, including the activehorizon marks (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, activehorizon or other owners that have granted activehorizon the right and license to use such Marks. activehorizon owns all rights, title, and interest in the Websites and Services, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Websites and Services, and the compilation of the content, code, data, and materials on the Websites and Services, including all intellectual property and proprietary rights (collectively, the “Content”). The Websites, Services, and Content are copyrighted and are the property of activehorizon. We may change the Websites or Services or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Websites may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Websites. Requests for written consent may be made via email to info@activehorizon.com.
activehorizon shall be the sole and exclusive owner of the Services, Websites, and Content, all new versions, improvements, enhancements, additions, and modifications to the Services, Websites, or Content, all copyright, patent, trade secret, trademark, and other intellectual property rights related to the Services, Websites, and Content, and all tangible media on which the Services, Websites, and Content are maintained. You shall have no claim or right whatsoever with respect to the Services, Websites, or Content except for the limited license to use the Services, Websites, and Content granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, Websites, or Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. You may display and download onto a single personal computer and print in portions of the Content from the Websites and Services solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Websites, Services, or Content. If you undertake any such prohibited action, your license shall be automatically terminated.
CONTACT
When you, if a donor, submit your contact information to sign up for a activehorizon Profile, you agree and consent that activehorizon may send you communication relating to our products, events, or recommended charities. When you, if a nonprofit, submit your organization’s contact information to sign up for an account with activehorizon, you agree and consent that activehorizon may send your organization communication relating to our products, events, or other business information. Please contact us to opt out of receiving such communication.
Telephone calls with activehorizon may be recorded for quality and training purposes. You agree and consent to the recording of any telephone calls between you and activehorizon and, further, represent and covenant that the subscriber or customary user of any phone number you have provided to us at which we may contact you, has been informed of and provided his or her consent to the foregoing call recording.
PRIVACY
You shall be solely responsible for the quality and accuracy of all data that you enter into the Websites and Services. Except as otherwise provided in these Terms & Conditions, as against activehorizon, such data shall be your sole property. Please note that activehorizon’s use of your data, including personal information, will be in accordance with our Privacy Policy, the terms of which are incorporated herein by reference, which can be found at https://developer.webpark.co.sz//privacy-policy.
IMPROVEMENTS
activehorizon may update or otherwise modify the Services or Websites at any time for any reason in activehorizon’s sole discretion. activehorizon may shut down the Services or Websites for maintenance and development work when necessary. activehorizon shall have no obligation whatsoever to customize, modify or improve the Services or Websites.
RULES OF CONDUCT
You acknowledge and agree that:
You will not use the Websites or Services in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). You will not send unsolicited or unauthorized advertising, solicitations, spam, junk mail or harvest or collect email or other contact information of other users of the Websites for the purposes of sending spam.
You will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Websites or Services.
You will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
You will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of activehorizon, is objectionable, or which may expose the Websites, Services, or their users to any harm.
You will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
You will not reverse engineer any aspect of the Websites. You will not use spiders, scrapers, crawlers, or other automated means or interface not provided by us to access the Websites or to extract data.
You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.
You will not falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
You will not restrict or inhibit any other authorized user from using and enjoying the Websites or Services.
You will not violate any applicable laws or regulations.
You will not create a false identity for the purpose of misleading others.
We take no responsibility and assume no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is activehorizon liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. activehorizon is not liable for any statements, representations, or content provided by its Users on the Websites or through the Services. Although we have no obligation to screen, edit, or monitor any of the content posted to or distributed through any interactive area of the Websites or through the Services, we reserve the right, and have sole discretion, to remove without notice any content posted or stored on the Websites or through the Services.
CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to activehorizon’s designated agent, as follows:
Service Provider: activehorizon
Full Address: 4564 Connecticut Avenue NW, Suite 660
Washington, DC 78965
Telephone: (012) 345-6789
Email Address: info@activehorizon
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which activehorizon may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
DISCLAIMERS
THE CONTENT, THE WEBSITES, THE SERVICES, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM THE WEBSITES OR OTHERWISE ACCESSED BY YOU IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INTERFERRENCE, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THE SERVICES, OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE SEUCIRYT OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.