search
Request Demo
Demo
Request a Demo Search

Bloomerang Volunteer (formerly InitLive) Terms & Conditions

VOLUNTEER PRODUCT ADDENDUM

This Product Addendum governs the Bloomerang Volunteer products, or any other services identified as being InitLive Services (together, the "InitLive Services"), that are included in your Proposal or that you later choose to add. It is made subject to the Proposal and the Bloomerang Subscription Agreement, and any capitalized terms that are not defined herein shall have the meaning provided in the Agreement.

1. Definitions.

There are two types of users for whom Bloomerang has developed the InitLive Services: (i) entities or individuals (“Event Managers”) who organize events (“Events”) and wish to use the InitLive Services to assist in scheduling and otherwise liaising with individual Participants who are participating in those Events, and (ii) Individuals (including employees, contractors, or volunteers) who wish to participate in Events (“Participants”).

Where we refer to “you” or “Customer”, we are referring to both Participants and Event Managers unless the section expressly contemplates otherwise.

2. License.

Bloomerang grants and you hereby accept, subject to the terms and conditions contained herein, a limited, non-exclusive, non-transferable, non-assignable license to install and use the App solely to access the InitLive Services on the terms of the licenses granted to you below.

  1. 2.1. Participant License. If you wish to use the Service as a Participant, Bloomerang grants and you hereby accept, subject to the terms and conditions contained herein, a limited, non-transferable, non-exclusive, worldwide, enterprise-wide and revocable license, without the right to sublicense, (the “License”) to access and use the InitLive Services and all materials offered as part of the InitLive Services including but not limited to documents, articles and reports (the “Content”) solely for your personal benefit and for the purpose of interacting with Event Managers through the Service. This license will commence upon your completion of the online subscription process (the “Effective Date”) and will continue until you delete your account or until otherwise terminated in accordance with the terms of this Agreement.
  2. 2.2. Event Manager License. If you wish to use the Service as an Event Manager, then subject to Bloomerang’s acceptance of an order form submitted by you subscribing as an Event Manager, the terms of any such order form (which include limitations on the number of Events, number of Participants and/or other limitations that may be managed through the Service) and receipt of payment of the applicable Fees (as defined below), Bloomerang grants and you hereby accept, subject to the terms and conditions contained herein, a limited, non-transferable, non-exclusive, worldwide, enterprise-wide and revocable license, without the right to sublicense, (the “License”) to access and use the InitLive Services and all materials offered as part of the InitLive Services including but not limited to documents, articles and reports (the “Content”) solely for your personal benefit and for the purpose of interacting with Participants through the Service. This license will commence upon your completion of the online subscription process (the “Effective Date”) and will continue until the end of the term specified in the applicable order form or until otherwise terminated in accordance with the terms of this Agreement.
  3. 2.3. Restrictions. You acknowledge that the InitLive Services, the App and the Content, constitute valuable trade secrets of Bloomerang and its licensors. Except as otherwise set out in this Agreement, Customer shall not (i) copy or use the InitLive Services, the App or the Content; (ii) alter, modify, duplicate, translate, de-compile, reverse engineer, or attempt to recreate the InitLive Services, App or the Content, in whole or in part; (iii) modify or create any derivative works from the InitLive Services, App or the Content any part thereof; (iv) merge the InitLive Services or the Content with any other software; (v) disclose to any third party any performance information or analysis relating to the InitLive Services and the Content; (vi) license, sublicense, sell, convey, assign, transfer, give, lend, rent, transfer or otherwise grant any right to any of the InitLive Services, the App or the Content or any of your rights hereunder, in whole or in part, voluntarily or involuntarily, by operation of law or otherwise, to any person, individual, legal or personal representative, partnership, company, corporation, syndicate, association, trust or governmental body otherwise; (vi) build an identical product to the InitLive Services or the App or a product with similar ideas, features and functionality as the InitLive Services or the App; and (vii) copy any ideas, features of functions of the InitLive Services or the App. You agree to retain, on all copies of any Content you download, all copyright and other proprietary notices contained in the Content. The InitLive Services, the App and the Content are protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the InitLive Services, the App and the Content and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Bloomerang does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret or confidential information of Bloomerang or its licensors.

3. Fees.

This section only applies to Event Managers, and the use of “you” and “Customer” in this section shall be construed accordingly.

  1. 3.1. Fees. you shall pay Bloomerang (or its authorized reseller if subscribing through a reseller) for access to the InitLive Services in accordance with Bloomerang’s current fee schedule and/or as otherwise specified in the order form or by the authorized reseller (the “Fees”). You shall pay the Fees, any renewal Fees and any additional Fees you incur in association with the purchase of additional services and features by payment methods identified during the ordering process. Bloomerang reserves the right to terminate your access to the InitLive Services if you fail to pay any Fees when due or if you provide false or fraudulent billing or contact information during the online subscription process. Bloomerang reserves the right to amend its fee schedule from time to time.
  2. 3.2. Taxes. All fees and other charges specified in this Agreement are exclusive of all applicable goods and services taxes and any other taxes imposed or levied by any government or government agency, including sales or use taxes (the “Purchase Taxes”). You will pay all Purchase Taxes, other than taxes on Bloomerang’s net income, as a result of the transactions contemplated by this Agreement.

4. Your Obligations

  1. 4.1. Account. you are responsible for all of the activity associated with your account and you agree to notify Bloomerang immediately in the event of any unauthorized use of your account or password or if you suspect your account or password has been compromised in any way. You agree not to misrepresent yourself in order to gain access to the InitLive Services. You are responsible for advising Bloomerang of any change in your billing or contact information.
  2. 4.2. Sensitive Information. If you are an Event Manager creating events in the system, you shall not request that Participants submit any financial information (including, but not limited to, credit card or banking information), health-related information, Personal Information including: Race/ethnicity, Political Opinions, Religious/Philosophical Beliefs, Union Membership, Genetic Data, Biometric Data, Health Data, Sexual Orientation or any Illegal Information (collectively the “Sensitive Information”) to the InitLive Services.
  3. 4.3. Applicable Laws. you must abide by all applicable local, provincial, state and national laws and all relevant treaties and directives in your use of the InitLive Services
  4. 4.4. Limiting Access. you shall not permit persons other than your authorized representatives to access the InitLive Services or to use the App. You represent that you are not a competitor of Bloomerang and agree that you shall not knowingly allow competitors of Bloomerang to access the InitLive Services.
  5. 4.5. No Responsibility. Bloomerang accepts no responsibility and shall not be held liable for any delays, performance issues, stoppages, outages, increased costs or other similar events relating to the InitLive Services or to the App resulting from your failure to adhere to the provisions set out in this Section.
  6. 4.6. Updated Application. you are responsible for ensuring that you have downloaded the most recent version of the Bloomerang application and acknowledge that failure to do so may result in your inability to access and use the InitLive Services.
  7. 4.7. Evaluation License. YOU ACKNOWLEDGE THAT IF YOU ARE USING AND ACCESSING THE SERVICES AS PART OF AN EVALUATION OR TRIAL LICENSE OR IN ANY OTHER CIRCUMSTANCE WHERE YOU ARE NOT PAYING ANY FEES TO BLOOMERANG, THAT BLOOMERANG IS PROVIDING YOU THE SERVICES “AS IS” AND THE WARRANTIES SET OUT IN THIS AGREEMENT DO NOT APPLY TO YOU.

5. Indemnification.

You shall indemnify, defend and hold Bloomerang harmless from any claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, directly or indirectly resulting from (a) any allegation that you have engaged in conduct, which if true would breach your warranties or obligations under this Agreement; (b) any allegation that the Customer Data infringes the Proprietary Rights of any third party; (c) your negligent or willful misconduct; (d) any violation by you of any privacy laws, regulations and directives relating to the collection, use or disclosure of any Personal Information provided to Bloomerang hereunder; and (e) any Sensitive Information collected, uploading and stored by you on the InitLive Services and any Sensitive Information that you requested that any Participant upload to the InitLive Services. Bloomerang reserves the right to participate in the defense of any such claim and to be represented by counsel of its choice.