TERMS OF USE FOR
www.gaia-gives.org

This website (the “Site”) is operated by GAIA Gives to provide online access to information regarding services available from GAIA Gives (the “Service”). By accessing and using the Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). By using the Site, you express your understanding and agreement that you are bound by this Agreement. If you are unwilling to be bound by this Agreement, do not use the Site.

GAIA Gives reserves the right to modify the Terms of Use at any time without giving prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

1. INTELLECTUAL PROPERTY

The Service, the Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site (the “Content”) are protected by Swiss and international copyright, trademark and other laws, and belong to GAIA Gives or its partners, affiliates or third parties. You may use the Site, the Service and the Content solely for your personal, noncommercial use. You may download, print and store portions of the Content that you select, provided that you:

(a) only use these copies of the Content for your own personal, non-commercial use;

(b) and do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. GAIA Gives reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law. GAIA Gives expressly intends to respect the copy rights of all published images, graphics, sound files, video clips, and copy texts. If you believe that any such copy right has been violated, please contact GAIA Gives at changing.lives@gaia-gives.org.

2. DISCLAIMERS

Third Party Links: Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by GAIA Gives of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that GAIA Gives is not responsible for the availability of any such web sites and that GAIA Gives does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. GAIA Gives expressly states that no illegal content is noticeable on third party web sites at the time of setting the link. However, GAIA Gives has no control over current or future design, content or authorship of the linked web sites and therefore, expressly dissociates itself from all content of all linked websites. This statement applies to all links and references made within the GAIA Gives Site as well as to third party comments and additions made in online guest books, discussion and chat forums and mailing lists. GAIA Gives shall not be liable for any illegal, inaccurate or incomplete contents and especially for any sort of damages resulting from the usage or inability to use such information presented by third parties. Sole liability for such damages lies with the owner of the website to which the link leads but not with the owner of the website from which the link is set.

Downloading Files: GAIA Gives cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer codes, files or programs planted there by third parties. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you.

International Use: GAIA Gives makes no representation that the Service or Content is applicable or appropriate for use in locations outside of Switzerland. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

3. DISCLAIMER OF WARRANTIES

You agree to assume total responsibility and risk for your use of the Site, the Service and the Content and for evaluating the accuracy, completeness and usefulness of all Content provided by the Site or the Service. GAIA Gives makes no express or implied warranties, representations or endorsement whatsoever with respect to the Site, the Service or the Content.

GAIA Gives expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regards to the Site, the Service, and the Content.

GAIA Gives does not warrant that the functions, performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. GAIA Gives does not warrant the accuracy or completeness of the Content, of that any errors in the Content will be corrected. The Site, the Service and the Content are provided on an “as is” and “as available” basis.

4. LIMITATION OF LIABILITY

GAIA Gives will not be liable for any loss or damage arising either directly or indirectly from any use of or inability to use the Site, the Service or the Content. You understand and agree that under no circumstances will GAIA Gives be liable for any damages whatsoever, including, but not limited to:

(a) any direct, incidental, consequential, exemplary or indirect damages arising out of the use of or inability to use the Site, the Service, of the Content,

(b) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the Content,

(c) unauthorized access to or alteration of transmissions or data,

(d) statements or conduct of any third party on the Site or the Service, or

(e) any other matter relating to the Site, the Service, of the Content, even if GAIA Gives has been advised of the possibility of such damages.

If you are dissatisfied with the Site, the Service, the Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that such use is at your sole risk.

5. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless GAIA Gives, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

6. PRIVACY POLICY

Wherever the Site invites users to submit their personal data, such as names and email address, the submission of such data on this website is explicitly voluntary. By submitting such personal or business data you agree that the submitted data will be stored by GAIA Gives in electronic format and will remain on file for an undetermined period of time.

GAIA Gives undertakes:

(a) to use the information exclusively for the intended purpose (e.g. mailing list inclusion);

(b) to make no commercial use of the information, unless this is done with the express prior consent of the Client;

(c) not to pass on the information to any third party; associates or business partners who are under obligations of secrecy not less strict than those set out herein will not be regarded as third parties.

The use of GAIA Gives‘ contact details or similar information stated on the Site, such as names, postal addresses, email addresses, telephone and fax numbers, for the purpose of providing unsolicited commercial advertising is prohibited. GAIA Gives reserves the right to undertake legal steps against spam emails and similar infringements of this clause.

7. USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8. USER SUPPLIED INFORMATION

If you supply any information or material to GAIA Gives or others via the Site, you guarantee that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. You also agree to abide by any additional rules regarding posting of user content, such as the type of content allowed in various areas of the Site.

9. TERMINATION

GAIA Gives reserves the right to terminate your use of the Site at any time for any reason. GAIA Gives may discontinue the Site or any portion of the Site at any time for any reason.

10. GENERAL PROVISIONS

Claims of Copyright Infringement: Notifications of claimed copyright infringement should be sent to changing.lives@gaia-gives.org.

Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. GAIA Gives therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. GAIA Gives does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum: Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms of Use, our Privacy Policy, your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with Swiss law, without regard to any conflict of laws provisions. Any Dispute will be venued in Basel City, and you hereby irrevocably submit to the personal jurisdiction of that court for this purpose.

Entire Agreement/No Waiver: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by GAIA Gives of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

© Copyright 2021. GAIA Gives. All rights reserved.