Terms of use

Lastest update - September 21st, 2010

ARTICLE 1. LEGAL NOTICES

The site (thereafter, the "Site") is hosted and edited by Alvarum SAS existing and organized under the laws of France, with a capital of 86 560 euros, registered under the number 499 694 024 in the Trade and Companies Register of Paris, France, having its registered office at 110 boulevard Malesherbes 75017 Paris. (thereafter, "Alvarum" et "Alvarum Fundraising" in the context of its software activity).

Guillaume Desnoës is director of publication.

ARTICLE 2. DESCRIPTION

Alvarum Fundraising is a software product range of Alvarum enabling Non-Profit Organization and their service providers (thereafter, the "Organizations") to facilitate fundraising and registration by internet users.

These software solutions offered by Alvarum Fundraising enable organizations to provide services such as :

• Registration to events
• Fundraising for one or more organizations
• Making donations directly to one or more organizations

This site is a part of the services offered to the organization. The present terms of use define in which condition the user (thereafter the « user ») can use theses services (therafter, the « services ») and navigate on the site.

ARTICLE 3. INTELLECTUAL PROPERTY RIGHTS

3.1. Content published by Alvarum

The access to Alvarum's services provides the users with no right on the items and contents of Alvarum's software which are protected by intellectual property rights, including but not restricted, to pictures, brands, images, drawings, animations and texts. These items are the sole property of Alvarum.

As a result, the user is not allowed to make any use of these items without having a prior written agreement from Alvarum. This includes, in particular, the copy, reproduction, representation, change, translation, creation of derivated products, distribution or any use that does not conform with service provided by Alvarum.

3.2. Rights granted to users

The rights granted to users by Alvarum or the Organizations is strictly limited to the items necessary to identify an Organization during fundraising campaigns. Any other use requires the authorization of Alvarum or the Organizations.

In particular, users must not change, copy, download, transfer, make commercial use or/and distribute in any manner the services, the pages of the site, the software code or the content edited by other users on their fundraising page.

3.3. Content published by users

The users grant a license to Alvarum on intellectual property rights attached to the content published by users.

This license includes the right for Alvarum to copy, represent, adapt, translate, numerize, utilise for advertising purposes, commercial and non comercial, to sub-license or transfer the contents regarding users (informations, images, videos, texts, description, etc.), on all or part of the Service (on Alvarum's sites, by e-mail, etc.) and/or in Alvarum's newsletters and in general on all electronic supports (e-mail SMS, MMS, Internet, etc.).

The users authorize Alvarum to use their name and the content of their fundraising campaign as a commercial reference and to make them appear on any commercial and/or technical tool, in particular for dynamic display on the Site and in the newsletters send by Alvarum.

The users authorizes Alvarum to change the items in order to respect the graphical identity of its services, its editorial rules or following the breach by the user of the present terms of use.

The rights granted are valid for all jurisdictions and are granted as long as the user is registered with Alvarum.

ARTICLE 4. USE OF THE SERVICES

4.1 Content published by users

The users acknowledge that is their sole responsability to make sure that the content they edit or publish on the Site, on forums, fundraising pages is legal, conforms to accepted moral standard, respect third party intellectual property and cause no personal injury.

In particular, the content and published by users must not damage the image of the Organizations or to Alvarum.

In case, one or more users damages the image of an Organization or the image of Alvarum, they will be held responsible for the prejudice.

The users acknowledge that Alvarum can block access to pages created by users and hosted by Alvarum after notification by the organization, in particular if the content published on the pages are defaming, insulting, causing personal injury or is contrary to the usual communication of the organization

4.2. Confidentiality of password and login

While using the services offered, the user may have to create an account. Alvarum will provide a login and a password that may be chosen by the user. The login and password enabling to connect to the site, edit content and access to transaction functionnalities are confidential and under the sole responsability of the user.

Alvarum cannot be held responsible for the loss by the user of his login or/and password and of the resulting damages.

4.3. Fundraising

It is the users responsibility to check whether the organization for which he is fundraising has no problem with the activity he is using for fundraising purposes.

Alvarum does not validate in any way the fundraising activity chosen by the user.

Alvarum reserves the right to delete or block a fundraising page at its owns initiative or on request of the organization. In particular, this may occur if a fundraising activity can damage the image of an organization.

4.4. Registration to events

The organization may define special terms for an event. This terms may include dedicated clauses concerning the use of personal data. These special terms will be available on the registration form of the event and will be accepted at validation of the registration form.

ARTICLE 5. FUNDS RECEIVED FROM USER BY AN ORGANIZATION

The users may make a donations to an organization or take a registration. These users must have the legal capacity and must be able to engage with Alvarum Fundraising or the Organization receiving the funds.

The user that initiates the transaction acknowledges that

• The data relative to the executed transaction are transmitted by Alvarum to its technical provides and to the organization using the solution as defined in the privacy policy available on the site ;
• The transaction is considered finalized after it has been accomplished by the "payeur" and cannot be canceled after validation of the payment ;
• Alvarum Fundraising acts in the capacity of service provider in the name and on behalf of the organizations.
• The organization has given Alvarum a mandate to the receive the funds in the name and an behalf of the organization
• The funds will then be transfered to the organization by Alvarum.

After the transaction successfully occurs, the user is informed of the validation of the transaction by an e-mail send by Alvarum Fundraising in the name and on behalf of the organizations.

ARTICLE 6. WARRANTIES AND RESPONSIBILITIES

6.1 To use the services, the users must have an internet connection. The user will connect to the service at its own cost.

6.2 Due to the nature of the services provided and the technical hazards specific to the Internet network, Alvarum cannot warranty a permanent functioning of its services. Alvarum cannot be held liable for the unavailability, interruption or malfunction of its services and in particular when they are under maintenance.

6.3 Alvarum's liability is limited to service that it provides and to the sole damages directly endured by the subscriber. Alvarum is not responsible for any indirect loss or damage that could result from the use os its services and in particular losses such as expected turnover or profits, brand image, customers, computing equipment or softwares...

6.4 The user acknowledges that he should make sure that his own computing equipment is properly setup.

6.5 Alvarum is hosting contents published by subscribers and end-users. As host, Alvarum cannot be found liable for editing or producing the content. In particular, Alvarum has no reponsabilities for hyperlinks posted by end users or the target content that can be accessed through those links. A link directing to a third party website published by a subscriber or any third party on one of Alvarum's site does not mean that Alvarum approves the site or the content.

6.6 Alvarum is not responsible for the nature and quality of end-users, and in particuler end-users fundraising for the displayed organizations.

6.7 The users warranty and commit to reimburse Alvarum for any action, court decision or condamnation that would engage Alvarum's responsibility for content published or edited by user. This includes legal costs (Laywer and court).

6.7 In general, with regards to users and third parties, Alvarum's responsibility can be engaged only if Alvarum fails to abide with its commitments in the present terms and conditions.

6.8 The user acknowledges that Alvarum cannot be held liable for the nature of the organization raising funds using its products. It is understood that it not possible for Alvarum to make sure that subscribers comply with the existing rules and regulations regarding Non-Profits.

6.9 Alvarum Fundraising acts in the capacity of service provider in the name and on behalf of the organizations and thus cannot be held responsible for false information disclosed by organizations.

ARTICLE 7. PRIVACY POLICY

Some non personal information may be collected such as the navigator (Firefox, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) or the IP address of the computer used.
Alvarum Fundraising uses cookes that are meant to record information about user's visits to the website. In compliance with CNIL (French "National Technology and Liberties Committee") recommendations, we inform you that you can adjust your Internet browser settings to inform you of the presence of cookies and in particular to refuse them.
On the CNIL website, you will find all the indications on how to enable or disable the cookies, depending on your browsing system, at www.cnil.fr
Disabling cookies may make it impossible to use certain services on the Website.

For more information, please check our privacy policy

ARTICLE 8. COMMON CLAUSES

8.1 Invalidity of one or more clauses

If one or more clauses within the general terms and conditions are found to be invalid, this shall not render them null and void.

8.2 Proof

The computer registers stored on Alvarum's systems in accordance with standard safety practices shall be considered proof of communication, agreements and payments between parties, unless proved otherwise.
It is agreed that the value of computer registers cannot be put in question by the sole fact that they are electronic.

8.3 Governing Law

This Agreement shall be governed by French Law. The Tribunal de commerce de Paris entertains jurisdiction.

8.4. Amendments to this agreeement

Alvarum may at any time amend the present terms as well as the functionnalities. All changes will take effect immediatly. It is the user's responsibility to check the lastest version of the terms of use. In any case, the use of the site by the user implies that he accepts the last version of the terms of use.