Terms of Service / User Agreement / Disclaimer

Updated February 23, 2022

These Terms of Service (“TOS”)  were originally written in English (USA). To the extent any translated version of this agreement conflicts with the English version, the English version prevails. The terms “VOMO” and “Virtuous Volunteer” as used herein, shall have the same meanings.

The TOS detailed below are meant to protect the relationship between the Platform and it’s users, as well as the interactions that take place on the VOMO platform between users.

You may become a member (“user”) of this site by affirming and stating that you have read, understood and agreed to all the following terms and conditions. You may acknowledge your affirmation and agreement by clicking the “accept” button when creating your user account. By using or accessing VOMO (www.vomo.org, or the VOMO mobile apps), you agree to the following terms of service, as updated from time to time in accordance with the TOS.

1. Acceptance of Terms
   1. The VOMO site (vomo.org and app.vomo.org) is a service of Virtuous Software, Inc., having its office at 1 N. 1st Street, #600 Phoenix, AZ 85004 (the “company”). The company provides its service to you subject to TOS, which may be updated by the company from time to time. You can review the most current version of the TOS at any time on this website. Please check the TOS periodically for changes. By your use of the service you signify your agreement to the TOS.  If you don’t agree to any of the following terms, or updates to the terms, please do not use any VOMO Services.

2. Description of Service
   1. The VOMO Platform (“Platform”) is a network of two broad categories of users: 1. “Admin” users who subscribe to the VOMO Service (“Subscription Service”) to manage serving opportunities and 2.“Volunteer” users who join the platform to find serving opportunities (“Volunteer Service”). Please see descriptions below for a brief description of the services provided to both user types.
      1. Admin Users
         1. The company currently provides tiers of access for organizations looking to recruit, manage, and engage volunteers in both free and paid Subscription Service options.
         2. When any user creates an Organization Account in VOMO they agree to specific Subscription Terms found here.
         3. For paid Subscription Service subscribers, VOMO offers a Service Level Agreement summarized here.
      2. Volunteer Users
         1. The company also currently provides volunteer users with a platform to find and join peer-to-peer meetings, connect with different organizations, make and communicate with friends, build communities, upload and share pictures and information (which are not protected by copyright law) and exchanging news and views.
         2. You understand and agree that the Volunteer Service is provided on an “as is” basis and that the company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, pictures, information or personalization settings.
   2. Unless explicitly stated otherwise, any new features that augment or enhance any of the current VOMO Services, including the release of new features by the company, shall be subject to the TOS.
   3. In order to use any of the VOMO Services, you must have access to the world wide web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such a connection to the world wide web, including a computer and modem or other access device. Please be aware that you must have attained the legal age of majority according to the applicable laws in your jurisdiction to become a member of this site and access it.

3. Indemnity
   1. You agree to indemnify and hold the company, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another. You further agree that in the event of any action or claim brought against the company due to or arising out of any content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another, you will reimburse the company for its reasonable attorneys’ fees and costs incurred in the defense of such action or claim.

4. Contents and Sharing
   1. You own all of the content and information you post on VOMO, and you can control how it is shared through your privacy settings. In addition:
   2. For content that is covered by intellectual property rights, like logos, branding assets, photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with VOMO (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
   3. When you delete IP 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 for a reasonable period of time (but will not be available to others).
   4. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
   5. When you publish content or information using the public setting on your privacy settings, it means that you are allowing everyone, including people not logged in on VOMO, to access and use that information, and to associate it with you (i.e., your name and profile picture).
   6. You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content, and that VOMO may not monitor or control any content so posted and has no responsibility for such Content. Any use or reliance on any content or materials posted on VOMO is at your own risk.
   7. VOMO does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted by any of its users / third parties or endorse any opinions expressed by said users / third parties. You understand that by using these services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will VOMO be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on VOMO or broadcast elsewhere.
   8. We always appreciate your feedback or other suggestions about VOMO, 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).

5. Mobile and Other Devices
   1. VOMO currently provides its mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
   2. In the event you change or deactivate your mobile telephone number, you will update your account information on VOMO within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
   3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on VOMO.

6. No Resale of Service
   1. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to any VOMO Service without express permission from the Company.

7. Modification/Suspension/Termination of Service
   1. You agree that the company may at any time, at its sole discretion, modify the Service (or any part thereof) with or without notice.
   2. You agree that the company reserves the right to suspend service that violates the items listed in this TOS. We will give adequate notice to all Organizations with paid Subscription Services for violations that might lead to suspension or termination of access as a gesture of good will that any acts will be reconciled before official notice of suspension or termination is issued. The company shall not be liable to you or to any third party for any modification or suspension of the Service. Please refer to the list below for events where we reserve the right to suspend access to our users.
      1. Suspension for Prohibited Acts
         1. We may suspend any user’s access to any or all Services without notice for:
            1. use of the Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement,
            2. repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity,
            3. content or materials that we determine are offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
      2. Suspension for Non-Payment of our Subscription Services
         1. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a reactivation fee to reinstate the Subscription Service.
      3. Suspension for Present Harm
         1. If your use of, the Subscription Service:
            1. is being subjected to denial of service attacks or other disruptive activity, 
            2. is being used to engage in denial of service attacks or other disruptive activity, 
            3. is creating a security vulnerability for the Subscription Service of others, 
            4. is consuming excessive bandwidth, or 
            5. is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service. 
         2. We will try to limit the suspension to the affected portion of the Subscription Service and promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
      4. Suspension and Termination of Free Services
         1. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
   3. You acknowledge and agree that the company, at its sole discretion, may at any time remove and discard any content within the service, without limitation, for lack of use or if the company believes that it violates or is inconsistent with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site supra.
   4. You agree that the company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the service.

8. Modifications of these Terms
   1. VOMO reserves the right to modify these Terms at any time in accordance with this provision. We will periodically make changes to these Terms, and we will update all organizations subscribing to the Service via email when updates are published to this document. If you disagree with any revised Terms, you may terminate this Agreement immediately. Your continued access of the VOMO platform will constitute acceptance of the revised Terms.

9. Links
   1. The service may provide, or third parties may provide, links to other world wide web sites or resources. Because the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, information, or other materials on or available from such sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Proprietary Rights
    1. You acknowledge and agree that the service and any necessary software used in connection with the service (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the company you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the service, the software, or the content.
    2. The company grants you a personal, nontransferable and nonexclusive right and license to use the object code of any software on this site. You hereby agree that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in such software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You also agree that the pictures and other personal information of the other members are their proprietary material and hence you would not misuse the same.

11. Conduct Policy for VOMO users
    1. VOMO is a network of organizations and volunteers who come together for the greater good. As a community of volunteers, we ask that all users exhibit respect for each other (and our partner organizations – nonprofits, churches, schools, businesses, etc. that use VOMO to post Projects) by neither directly or indirectly generating content that negatively affects any country, community, religion, sect, race, creed, or gender. You hereby agree that you shall not indulge in negativity, directly or indirectly, by posting content which encourages or incites another party, either directly or indirectly, in any form of discrimination or violence. This kind of content can and will be removed from VOMO without notice.
    2. Any acts of the user, which either directly or indirectly affect other users of the platform or the community by posting obscene or hurtful content, is strictly prohibited. You therefore agree that you shall not indulge in such offensive acts.
    3. You agree that if you are found to have indulged in any of the above acts, VOMO reserves the right to share the information relating to any of the above acts (including your personal information), with any of the authorities of the concerned country for prosecution according to the prevailing law of that country. You further agree that you would indemnify the company for any damages or consequential damages arising out of the said acts committed by your negative conduct on the VOMO platform.

12. Disclaimer of Warranties
    1. You expressly understand and agree that:
       1. The service is provided only to adults (ie, individuals who have attained the legal age of majority according to the laws of the relevant jurisdiction applicable to them), and in accepting these TOS, you hereby represent, with no obligation on our part to verify the same, that you have attained the legal age of maturity and are fully competent to contract as per the laws of your jurisdiction.
       2. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. 
    2. The company tries to keep the VOMO Platform up, bug-free, and safe, but you use it at your own risk.
       1. VOMO guarantees certain performance levels of the platform for all clients who subscribe to a paid tier of the VOMO Service described in the Service Level Agreement (SLA).
       2. The company does not guarantee that VOMO will always be safe, secure or error-free or that VOMO will always function without disruptions, delays or imperfections. The company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
    3. Unless specifically described in the Subscription Terms or SLA that guarantee Subscription Services, the company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
       1. Further, the company makes no warranty that:
          1. the results that may be obtained from the use of the service will always be accurate or reliable,
          2. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet all of your expectations.
    4. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and 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.
    5. No advice or information, whether oral or written, obtained by you from this site or through or from the service shall create any warranty not expressly stated in the TOS.
    6. VOMO sources banner images, campaign photos, project photos, etc., through various third parties. All the downloads are solely between you and a third party. You agree that VOMO and the company shall not be responsible or liable for any discrepancy or loss of any sort incurred as the result of any such downloads.

13. Liability
    1. You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from:
       1. the use or the inability to use the service;
       2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or pictures downloaded, transactions entered into through or from the service;
       3. statements or conduct or behavior of any third party on the service, including integration partners.
    2. In no circumstances will the company or any of its affiliates, users or any third-persons be liable for any of your actions or any injury suffered by you as a direct or indirect consequence of relying upon any information, content or communication which you may have received through the service. In the event of your death or personal injury arising therefrom, you expressly agree that neither you nor your legal representatives may hold or attempt to hold the company or any of its employees or affiliates liable for any claim.
    3. DISCLAIMER INVOLVING PRIVACY:
       1. Personal information contained in projects posted on the website for volunteers/items needed is supplied by the organization requesting those items, and VOMO and organizations using VOMO do not assess or warrant the accuracy of the completeness of that information. You acknowledge that reliance upon any information on the website shall be at your sole risk. You agree to release, hold harmless and indemnify VOMO and the organizations using VOMO of any and all liability arising from incorrect or incomplete information regarding any aspect of the website or service. Certain personal information contained in postings on the website for volunteers/items needed will be disclosed to donors who elect to sign-up for that project. VOMO and the organizations using VOMO are not responsible and hereby disclaim all responsibility and liability for disclosure, subsequent use and continued protection of personal information provided to, viewed, or downloaded by authorized donors. VOMO and the organizations using VOMO are not responsible for the use by others of any personal information that you disclose on the service.
    4. DISCLAIMER INVOLVING CONTACT WITH OTHERS THROUGH VOMO:
       1. Each opportunity on the VOMO platform is user generated by an Admin/Organizer user of the organizing Organization’s VOMO Account. All Organization’s that subscribe to the VOMO Service (all free and paid Subscription Service subscribers) are asked to understand the risks of creating opportunities on behalf of their Organization where VOMO users will signup and participate. All Liability for all opportunities created on the VOMO Platform is the responsibility of the organization/account who created the opportunity. We advise all of the Organizations using the VOMO platform to express caution, issue background checks and collect liability waivers where necessary, and understand the risks of posting on VOMO.
       2. You understand that by either volunteering/donating or receiving volunteers/donations through VOMO, you may engage in activities, involving donating items or performing activities that involve the risk of serious injury, including permanent disability and death, severe social and economic losses and other loss including, without limitation damage to property and invasion of privacy. You are solely responsible for your interactions with other users. You agree to take normal precautions when meeting others through VOMO.
       3. VOMO makes no representations or warranties as to the conduct of any people you meet or who contact you through this service, as well as any issues that arise related to the transportation of items or interactions with recipients. You knowingly and freely assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of users or the owners, agents, officers, directors, partners, subsidiaries or employees of VOMO. You, on behalf of yourself, your personal representatives and your heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify VOMO, and their respective owners, agents, officers, directors and employees from any and all claims, actions or losses for bodily injury, property damage, emotional distress, wrongful death, or otherwise, whether caused by negligence or otherwise, which you now have or which may arise in the future in connection with your participation in opportunities, events, or activities posted on the VOMO Platform, even if VOMO knows or has been advised of the possibility of such issues.
    5. DISCLAIMER INVOLVING MUTUAL INDEMNIFICATION BETWEEN THE COMPANY AND SUBSCRIBERS OF THE SUBSCRIPTION SERVICE:
       1. The company and its Service Subscribers shall indemnify and hold harmless the other party and its officers, directors, shareholder, employees, agents, and representatives from any and all liabilities, losses, damages, claims, and expenses of any kind, including costs and attorneys’ fees, which result from the duties and obligations of the indemnifying party and/or its officers, directors, shareholder, employees, agents, and representatives under this agreement.

14. Copyrights
    1. The company respects the intellectual property of others, and we ask our users to do the same. If you believe that a copyright work has been copied in a way that constitutes copyright infringement, please provide the company the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
       1. a description of the copyrighted work that you claim has been infringed;
       2. a description of where the material that you claim is infringing is located on the site;
       3. your name, address, telephone number, and email address;
       4. a 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; and
       5. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
       6. You may send such information to the company by email: [email protected] for taking necessary action.

15. Trademark Information
    1. “VOMO” and “A Movement for Good” are trademarks of Virtuous Software, Inc.

16. Miscellaneous Information
    1. The TOS constitutes the entire agreement between you and the company and governs your use of the service, superseding any prior agreements between you and the company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the United States of America shall govern the TOS and the relationship between you and the company. You and the company agree to submit to the personal and exclusive jurisdiction of the courts of the United States of America. The failure of the company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
    2. You may from time to time receive emails from the company’s staff to enhance your experience with this service, you may also receive emails to alert you to an incomplete or possibly inaccurate profile. You may receive our partner’s commercial emails from us occasionally. You release the company from any liability arising from or related to such email transmissions to you.
    3. The company reserves all rights not expressly granted to you. You will comply with all applicable laws when using or accessing VOMO. If the company fails to enforce any of the TOS, it will not be considered a waiver. Any amendment to or waiver of the TOS must be made in writing and signed by the company. All of the company’s rights and obligations under the TOS are freely assignable by the company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

17. Policy Matter
    1. As a policy matter of the company, we do not encourage any act which shall have adverse impact of any nature.

18. Violations
    1. Please report any violations of the TOS to Virtuous Software, Inc., 1 N. 1st Street, #600 Phoenix, AZ 85004.

19. Feedback
    1. We welcome feedback, comments, and suggestions for improvements to the VOMO platform. You may submit feedback by emailing us at [email protected]. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.