Terms Of Service

This Terms of Service Agreement (together with the Privacy Policy, the “Agreement”) derives from the Dakota Foundation For Jazz Education (“DFJE”, “We”, “dakotafoundationforjazzeducation.org” or “Our”) principles and governs our relationship with users and others who interact with Dakota Foundation For Jazz Education. You agree to comply with the terms and conditions set out in this Agreement, as amended from time to time, when using or accessing dakotafoundationforjazzeducation.org.
This Agreement is subject to change without notice. It is your responsibility to check this page frequently for any revisions, the most recent date of which will appear at the bottom of the page.

1. Sharing Your Content and Information

You and your organization own all of the content and information that you Post on dakotafoundationforjazzeducation.org, whether that information is private to your organization or publicly available. In order for us to use certain types of content and provide you with dakotafoundationforjazzeducation.org, you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use all Content that you post on dakotafoundationforjazzeducation.org (the “IP License”). DFJE will protect your privacy and the confidentiality of this information. The IP License allows us to aggregate, sell, publish, or use (in any way) this information, so long as your identity and data and your organization’s identity and data are kept confidential.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies (but will not be readily available to others and the data will be ‘beyond use’).
We always appreciate your feedback or other suggestions about dakotafoundationforjazzeducation.org, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We are not responsible for the accuracy of any user-generated content. All information submitted on, or posted to, dakotafoundationforjazzeducation.org is done at the user’s own risk.

2. No Warranty

Although DFJE will take all reasonable steps to provide error-free and continuous service on dakotafoundationforjazzeducation.org, DFJE does not represent, warrant, or guarantee that the database service will be uninterrupted or error-free. As a result, the database service is provided “as is”, without warranty of any kind. DFJE disclaims all warranties, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and infringement.

3. Safety and Ethical Use

We do our best to protect the dakotafoundationforjazzeducation.org user experience, but we cannot guarantee it. We need your help in order to do that. You agree that:
  • You will not send or otherwise post commercial communications through unsolicited/unauthorized/unsanctioned means to users (such as what is commonly known as ‘spam’).
  • You will not violate any local, national, or international laws, including spam laws.
  • You will not collect users’ information, or otherwise access dakotafoundationforjazzeducation.org, using any automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not solicit login information of or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user or DFJE team member while the using the services of dakotafoundationforjazzeducation.org.
  • You will not sell illegal goods or services.
  • You will not use, distribute, or post on dakotafoundationforjazzeducation.org any content that you do not have rights to use.
  • You will not misrepresent your name or the name of your organization to DFJE, on dakotafoundationforjazzeducation.org, or to the general public, in any way.
  • You will not accept donations if you are not a nonprofit organization, charity, or other public good body.
  • You will not misrepresent to DFJE, or the general public, about the legal, nonprofit, charity, or other status of your organization; this includes, but is not limited to, your representation to DFJE or the public about government recognition or status as a registered charity (in Canada with the Canada Revenue Agency), a registered charity or registered nonprofit (in Australia with the Australian Tax Office and/or the Australian Charities and Not-for-Profits Commission), a registered 501(c)(3) (in the United States with the Internal Revenue Service), a registered charity or nonprofit (in New Zealand with the Charities Services), a registered charity or nonprofit (in the United Kingdom with the Charity Commission), a registered charity or nonprofit (in South Africa with the Government) or any other local, provincial, state, or nationally recognized tax-exempt status.
  • You will not lie about any tax-deductible status that your organization has, be it local, federal, or international.
  • You will not Post Content that is hateful, threatening, pornographic, prejudicial, or that contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing, or advertise or otherwise market, mature content that is not related to your organization without appropriate age-based restrictions.
  • You will not use dakotafoundationforjazzeducation.org to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not facilitate or encourage any violations of this Agreement.
  • At any time, DFJE may ask you or your organization to provide documentation proving the legal or other status of your organization. Failure to comply with these requests could lead to suspension or being deleted from dakotafoundationforjazzeducation.org.
  • While DFJE states that all paid subscriptions include “unlimited emails” and “unlimited storage”, this is subject to a Reasonable Use Policy. If, at any time, DFJE, or any of its affiliates, determines that user or organizational use of dakotafoundationforjazzeducation.org is unreasonable, DFJE reserves the right to suspend, cancel, or delete your account. Such a decision is at the full and total discretion of DFJE or any of its affiliates. While we endeavor to give ample notice or warnings, for a breach of the Reasonable Use Policy, no notice is required for a suspension, cancellation, or deletion of your account.
In the event that we feel that you are violating any part of these Terms of Service, we reserve the right to suspend, cancel, or delete your account, without any notice. DFJE may elect to give you a warning about a breach of these terms but we are under no obligation to do so.

4. Monitoring

We strive to provide an enjoyable online experience for our users so we may monitor activity on dakotafoundationforjazzeducation.org to ensure that users are complying with this Agreement. You agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) dakotafoundationforjazzeducation.org, or any portion thereof, will be monitored for accuracy or unacceptable use; (2) apparent or posted statements of fact are indeed statements of fact or that such statements of fact will be authenticated; or (3) we will take any specific action (or any action at all) in the event of a dispute between users and Dakota Foundation For Jazz Education regarding compliance or non-compliance with this Agreement.

5. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same. You agree that:
  • You will not Post Content or take any action on dakotafoundationforjazzeducation.org that infringes on someone else’s rights or otherwise violates the law.
  • We can remove any Content you post on Dakota Foundation For Jazz Education if we believe that it violates this Agreement.
  • If we removed your Content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If we have any reason to believe that you are infringing other people’s intellectual property rights, we can disable your account at any time, at our discretion. We can also remove the infringing content at our discretion.
  • You will not use our copyrights or trademarks without our written permission.
  • If you collect information from users, you will obtain their consent, make it clear that you (and not Dakota Foundation For Jazz Education) are the one collecting their information, and establish and communicate a privacy policy explaining what information you collect and how you will use it.
  • You will not Post anyone’s identification documents or sensitive financial information on dakotafoundationforjazzeducation.org.
  • Other than connecting to Service Provider’s servers by http requests using a Web browser, you will not attempt to gain access to a service provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using dakotafoundationforjazzeducation.org or otherwise.

6. Limitation of Liability

The provisions of paragraph 13 shall apply to any action at law, in equity, or arbitration:
(a) DFJE’s total liability, if any, with respect to the subject matter of this Agreement (including but not limited to liability arising out of contact, tort, strict liability, breach of warranty, or otherwise), is limited to charges collected by DFJE under this Agreement in the twelve (12) month period immediately preceding to the initial act, injury, or occurrence that gave rise to the liability;
(b) DFJE shall not be liable for any loss of profits or revenue, special, punitive, incidental, or consequential damages in any action arising out of the subject matter of this Agreement, specifically including but not limited to loss or corruption of customer data, whether or not foreseeable and even if DFJE has been advised or had previous knowledge of the possibility of such damages;
(c) DFJE shall not be liable for failure to perform due to reasons of force majeure, including but not limited to, acts of God, the public enemy, any government or agency thereof, fires, floods, epidemics, quarantine restrictions, strikes, work stoppages, freight embargos, severe weather, differences with workmen, restrictions imposed by governmental agencies, war, hostilities, riot, rebellion, delay in or lack of transportation facilities, inability to secure materials, power failure or fluctuation, the inability of any entity to connect to the Internet, or any other reason beyond the control of DFJE;
(d) DFJE is not liable in whole or in part for a breach of any covenant, representation or warranty of any third party that dakotafoundationforjazzeducation.org may use for the purposes of, but not limited to, APIs, plug-ins, or integrations;
(e) DFJE is not liable for any fraud, penalties, or any misleading of donors, users, government agencies, or the general public about an organization’s charity, nonprofit, 501(c)(3) or other tax-exempt status. We merely provide a service to users and organizations, and take no responsibility in any funds that are processed through dakotafoundationforjazzeducation.org or any DFJE platform;
(f) If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within this Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities;
(g) Any proceeding to resolve or litigate any dispute in any forum relating to this Agreement shall be conducted solely on an individual basis. Neither Party shall have any dispute heard as a class action or in any other proceeding in which either Party acts or proposes to act in a representative capacity. The provisions of this paragraph shall apply to any claims brought against Customer by a third party for damages based on an improper license grant of dakotafoundationforjazzeducation.org to users.

7. Other

This Agreement makes up the entire agreement between the parties regarding dakotafoundationforjazzeducation.org and supersedes any prior agreements.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Agreement, it will not be considered a waiver of our rights to enforce such rights in the future.
Any amendment to or waiver of this Agreement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent.
All of our rights and obligations under this Agreement are freely assignable by us to any other person in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise, without any notice to you.
Nothing in this Agreement shall prevent us from complying with the law.
This Agreement does not confer any third-party beneficiary rights.

8. Precedence of English Terms

These site terms are not to be modified. If there is any inconsistency between these terms and any translation into other languages, the English language version takes precedence.
If you do not agree to any of the terms and conditions set out in this Agreement, please exit the Website.
If you are in breach of this Agreement, in any manner, or otherwise create possible legal exposure for us, as determined by us at our sole discretion, we can stop providing all or part of dakotafoundationforjazzeducation.org to you. We will generally try to notify you in such instances, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Agreement will terminate, but the following provisions will survive such termination: 2-5, 6.