We welcome you to ioby and we invite you to use it within the following rules:
You may use the ioby Site, Content and Software solely for the purposes stated on the Sites and as described in this UA.
You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of ioby.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of ioby.
The information on the ioby site, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2010 In Our Backyards, Inc. or are licensed or otherwise used by ioby with permission. Except where noted otherwise, all rights to these materials are reserved by ioby or their respective owners. "ioby.org", the ioby logo, "fostering environmental knowledge and action in our backyards", and "Your Environment. Your Choice. Your Change." are trademarks and service marks of In Our Backyards, Inc., which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although ioby cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide Sites that are safe and accurate, but can make no warranties. ioby retains the right to restrict use of the Sites, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ioby EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ioby MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL ioby, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "ioby AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ioby AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT ioby AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT ioby AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY ioby OR AN AUTHORIZED ioby REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
ioby neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.
Third Party Websites
The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by ioby, thus ioby is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by ioby of the Linked Sites.
Third Party Websites Seeking to Hyperlink to the Sites
We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and ioby. If this is not the case, please do not link to any Site. ioby reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any ioby trademark, service mark or other intellectual property or content provided by ioby for a hyperlink to a Site is permitted and licensed by ioby solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by ioby, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by ioby.
Making Donations through ioby
ioby is a non-profit marketplace that brings Donors and Volunteers together with Projects in order to provide support to NYC-based environmental initiatives. Here, 100% of each donation made through ioby goes directly to fund the charitable project to which it was given, unless the Donor includes an optional, additional amount intended expressly to be used for ioby’s operational purposes.
Included in a Project's "budget" (the price of the project exclusive of any donation intended to support ioby’s operations) are: shipping charges, sales tax, credit card and bank processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below.
All donations are tax deductible to the fullest extent allowed by law. When available, you may view a copy of our annual financial statements and federal tax return online by clicking on the posted links or you can obtain them by writing to: ioby, 540 President Street, 3rd Floor, Brooklyn, NY 11215.
State Fundraising Notices
Although our financial report is always sent free to anyone requesting a copy, certain States require us to advise you that a copy of our financial report is available from them.
Registration with the Secretary of State or Attorney General of any state does not imply endorsement by such body.
New York: When available, a copy of ioby's latest annual report may be obtained, upon request, by writing our office at: 540 President Street, 3rd Floor, Brooklyn, NY 11215, or from the New York State Attorney General's Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271.