Terms of Service
As of December 1, 2020
The Big Bold Jewish Climate Fest (hereafter referred to as “BBJCF”, “we”, “us”, or “our”) is an initiative of Darim Online (hereafter referred to as “Darim”, “we”, “us”, or “our”), a nonprofit, tax-exempt organization. In furtherance of its mission to help people Darim provides an online platform that connects Participants to have events together (collectively, the “Services”), which Services are accessible at www.jewishclimatefest.org (the “Site”), and as an application for mobile devices (“Application”). BBJCF provides an online platform that connects hosts and Participants to have online events together (also collectively, the “Services”), which Services are accessible at www.jewishclimatefest.org (also “the Site”). The Services, Site, Application and all Content appearing in connection therewith are referred to in these Terms of Service as the “Platform.”
These Terms of Service (“Terms”), govern your access to and use of the Platform and constitute a binding legal agreement between you and Darim. By using the Platform, or by downloading or posting any Content via the Platform, you agree to comply with and be bound by these Terms whether or not you become a registered user of the Platform. If you use the Platform, you will be deemed to have read, understood and agreed to these Terms, so read them carefully. You should also be sure to read and understand our Privacy Policy (“Privacy Policy”), and is incorporated by reference into these Terms. The Privacy Policies are legally binding as well. If you do not agree to the Terms or to our Privacy Policy, you may not use the Platform. If you are accepting or agreeing to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Introduction
The Platform allows Hosts (defined below) to create Listings (defined below) for Events (defined below), and allows Participants (defined below) to make Reservations (defined below) to attend listed Events, and to attend those Events, as provided herein.
The Platform is operated solely as a public service to facilitate participation in these activities in furtherance of Darim Online’s tax-exempt purposes on a nonprofit basis; Darim is not business; We do not and will not act or provide any service to any Member (as defined below), Host (as defined below), or Participant (as defined below), other than making the Platform and its functionality available for its intended purposes.
Except as the provider of the Platform, Darim is not a party to agreements or arrangements entered into between Members, Hosts and Participants for Listings, Reservations, or Events through the Platform or otherwise; only the Members, Hosts and Participants directly involved in those arrangements are parties to those agreements. Darim does not and will not mediate disputes between Members, Hosts, or Participants. We encourage Members, Hosts and Participants to communicate directly with each other regarding any issues that may arise in connection with Events.
Information appearing on the Platform concerning Members, Hosts, Events, Listings, and Reservation is offered as a public service, and we do not endorse or verify the identities of those parties nor the accuracy of the information they provide. Member Content (as defined below) is submitted by Members and is likewise not verified by us. We do not endorse Members, Hosts, Participants, Events or third parties that may appear or be referenced on the Platform. You are solely responsible for determining the identity and suitability of others who you contact or with whom you interact via the Platform.
We are not responsible for any damage or harm resulting from your interactions with Members, Participants and Hosts. By using the Platform, you agree that any legal remedy to which you may be entitled for actions or omissions of Members or other third parties will only be asserted against the persons or third parties who caused you harm; and as a condition of using the Platform, you agree to release Darim from any liability arising out of your use of the Platform.
We reserve the right to, at any time and without prior notice, restrict, disable, cancel or suspend the Darim Account of any Member, for any reason, or no reason at all.
Key Terms
“Collective Content” means Member Content and Darim Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or any other materials.
“Event” means any event or occasion listed by a Host via the Platform, whether intended to be in person or virtual.
“Event Fees” means the total amount of applicable fees and charges disclosed in the Listing or otherwise communicated to the Participant before a Reservation is accepted or confirmed. Event Fees are made up of four components: Participant Fees, Host Fees, Service Fees, and Taxes, although they may be shown on the Platform as a single fee. Event Fees include normal processing charges imposed by a payment intermediary such as PayPal or a third party credit card processor. Event Fees do not include any transaction charges imposed by your bank on you in connection with our collection of the Event Fees.
“Participant” means a Member who requests to attend an Event via the Platform, or who actually attends an Event arranged through the Platform.
“Participant Fees” means any fees or charges that the Participant must pay in connection with a Reservation, as shown on the Platform at the time the Reservation is made.
A “Host Fee” means any fee charged by a Host in connection with an Event.
“Listing” means any posting of an Event on the Platform with the intent that the public will view it and Members will respond to it.
“Member” means a person who completes Darim’s account registration process, including, but not limited to Hosts and Participants, as described under “Account Registration” below. Members are not members of Darim for legal purposes and have no rights with respect to Darim itself.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Platform.
“Darim Account” is the account created when a member of the public registers as a user of the Platform in compliance with these Terms and any other procedures and criteria established by Darim.
“Darim Content” means all Content that Darim makes available through the Platform, including any Content licensed from a third party, but excluding Member Content.
A “Reservation” is a transaction made through the Platform in which a Participant responds to a Listing and his or her participation in the Event is confirmed. In some cases, the prior acceptance of the Host is required before a Reservation can be made.
A “Service Fee” is any fee or charge imposed by Darim in exchange for use of the Platform. Service Fees are usually calculated as a percentage of Event Fees.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Platform (and your access to or use of certain aspects of the Platform or access Content through the Platform) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform, the latter will take precedence with respect to your use of or access to that area of the Platform.
Eligibility
The Platform is intended solely for persons who are 13 or older. By accessing or using the Platform you represent and warrant that you are 18 or older, or supervised by a parent or guardian if under the age of 18.
How the Platform Works
The Platform may be used by the public to view general content and information appearing on the Platform. Anyone who wishes to list an Event or respond to a Listing must become a Member by first registering and creating a Darim Account on the Platform. Members may discuss and arrange Events, Hosts may list Events, and Members may respond to Listings using the Platform’s interface.
Account Registration
In order to access certain features of the Platform, to list an Event or respond to a Listing, you must register to create a Darim Account and become a Member. You may register as a Member as described in this section.
You can register as a Member by following the procedures for registration that appear on the Platform. Once your Darim Account has been created, you may log into your account and use the Platform by entering a username and password provided at the time of registration (or subsequently changed using the Platform interface.) You may also log in to your account via certain third party social networking sites (“SNS”) (including, but not limited to, Facebook.) Each SNS account is considered a “Third Party Account” as described below. As part of the functionality of the Platform, you may link your Darim Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Site, Services or Application; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern such Third Party Account. If you choose to log in via a Third Party Account, you represent that you are entitled to disclose your Third Party Account login information to us and grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that we may access, make available and store (if applicable) any Content that you have provided to us or is stored in your Third Party Account (“SNS Content”) in such a manner that it is available to us on and through the Platform. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may appear on the Platform or otherwise be available to us through your Darim Account. Please note that if a Third Party Account or associated service becomes unavailable or Darim’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Darim Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Platform.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS AND ANY TERMS OF SERVICE OR PRIVACY POLICIES THAT APPLY TO SUCH ACCOUNTS.
Darim makes no effort to review or verify any SNS Content for any purpose, including but not limited to its accuracy, legality or non-infringement and we are not responsible for any SNS Content.
We will create your Darim Account and/or your Darim Account profile page for use on the Platform based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one active Darim Account at any one time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for determining and safeguarding your own password, which is required to use the Site, Application, and Services. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Darim Account, whether or not you have authorized such activities or actions. You will immediately notify Darim of any unauthorized use of your Darim Account.
Modification of Platform or Terms
Darim reserves the right, at its sole discretion, to modify the Platform or to modify these Terms, including any Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Platform or provide you with notice of the modification directly. You hereby agree that, by continuing to access or use the Platform after we have posted a modification on the Platform or have provided you with notice of a modification, you are bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Platform.
Hosts and Hosting
As a Member, you may list Events on the Platform. If you choose to do so, you become a Host. For The Big Bold Jewish Climate Fest, all Community Produced Events have a third party Host for each Event. A Big Bold Jewish Climate Fest representative may be listed as a co-host on the event solely for the purpose of providing technical support to the Host on the Platform. Please be advised that, while Darim operates the Platform that allows Members to connect with each other and make arrangements to have Event together, it is the Hosts, who control the Events, who are solely responsible for all arrangements (including all expenses) in connection with the Event, honoring Reservations and making the Event available to those who have made a Reservation through the Platform, and ensuring the security of such live or virtual Events.
To list an Event, you will be asked a variety of questions about the Event to be listed, including, but not limited to, the location, capacity, menu, date, and fees or charges, and any other rules and financial terms that apply to the Event. In order to be featured via the Platform, all Events must have valid physical addresses. Events will be made publicly available via the Platform, and other Members will be able to make a Reservation to attend your Event via the Platform based upon the information provided in your Listing. You understand and agree that, as a Host, you may not alter you Host Fee once a Participant has reserved a seat at the Event.
You acknowledge and agree that you are solely responsible for any and all aspects of any Events you list on the Platform, except the collection of Event Fees from Participants, which will be done by us via the Platform and as described in these Terms. Accordingly, you represent and warrant that Events you host, and the attendance of any Participant at an Event you host: (i) will not breach any agreements you have entered into with any third parties; (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to the Event, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food; and (iii) will not conflict with the rights of third parties. You also agree not to have any persons other than Participants attend an Event that has been listed on the Platform. Please note that Darim assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations, or a Host’s failure to comply with the aforesaid covenants.
You understand and agree that Darim does not act as an insurer or as a contracting agent for, or representative of any Host, and if a Participant makes a Reservation to attend an Event you have listed, any agreement you enter into with such Participant is between you and the Participant and Darim is not a party thereto. Notwithstanding the foregoing, Darim will serve as the agent of the Host for the limited purpose of accepting, on behalf of the Host, payments from Participants in satisfaction of any Host Fee. Host Fees will be collected by Darim at the time the reservation is made, and will remit the Host Fee to the Host within a week following the Event.
Please note that Darim reserves the right, at any time and without prior notice, to remove or disable access to any listed Event for any reason, including Events that Darim, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
When you create an Event you may also choose to include eligibility requirements, which must be met by Members in order to make reservations to your Event. If you include such eligibility requirements in a Listing, any Member wishing to make a reservation for an Event you Host must meet those requirements.
If you are a Host and a Participant makes a request to attend your Event via the Platform, you must confirm or reject the request within 24 hours after you have been notified of the request through the Platform. If you are unable or unwilling to confirm or reject a request to attend an Event within such 24 hour period, the request will be deemed denied, any amounts collected by Darim from the Participant for the requested Event will be refunded to the Participant’s credit card, and any pre-authorization of such credit card will be released. If a Participant makes a request to attend an Event that you have listed on the Platform, we will share with you (i) the first and last name of the Participant who has made the request and (ii) a link to the Participant’s Darim Account profile page so that you can view such information before confirming or rejecting the request.
When you confirm a Participant’s request for a Reservation, Darim will send you an email, text message or message via the Platform confirming such Reservation, depending on the selections you make via the Platform.
Hosts may charge reasonable Host Fees to Participants who Reserve or attend an Event, but Events may not be operated for profit. Host Fees are set by the Host and not Darim. A Host Fee may include the legitimate costs of Hosting the Event, including the cost of set up and cleaning, at the Host’s discretion.
We are required by IRS regulations to collect a current IRS Form W-9 from all Hosts who are charging money for Events in the United States. See Section on Taxes below.
Darim may charge a modest Service Fee to Participants, to cover credit card processing fees (unless noted otherwise) and other costs of running the Platform. The Service Fee is added to the Host Fees and any applicable taxes to calculate the Event Fee displayed in the applicable Listing.
Each Host hereby appoints Darim as the Host’s limited payment collection agent solely for the purpose of collecting the Host Fee from each Participant that has a Reservation for an Event, and that Darim’s obligation to pay the Host Fee is subject to and conditional upon successful receipt of the Event Fee from each Participant. Darim does not guarantee payments to Hosts for amounts that have not been successfully received by Darim from Participants. In accepting appointment as the limited authorized agent of the Host, Darim assumes no liability for any acts or omissions of the Host.
Darim will collect the Event Fee from each Participant at the time a Reservation is made (i.e. when the Host confirms attendance of a Participant within 24 hours of the request) and will remit the Host Fees to the Host within a week following the Event.
Each Host agrees that payment collected from a Participant through the Platform and subsequently remitted to the Host shall be considered the same as a payment made directly by the Participant to the Host.
Each Host agrees that Darim may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Participant to cancel his or her reservation and (ii) refund to the Participant that portion of the Event Fees specified in the applicable cancellation policy.
Darim makes certain tools available to Hosts to help you to make informed decisions about which Members you choose to confirm for your Events. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Event.
Darim may also collect donations from Participants through the Platform. Such donations shall not be considered Event Fees and shall not be paid to Host.
Insurance
Darim recommends that Hosts obtain appropriate insurance for their Events and any activities conducted in connection with their Events. Please review any insurance policy that has been issued to you carefully, to be sure that such policy will adequately cover any risks or damages that could arise in connection with your Event, including the actions or inactions of persons (including Participants and any individuals the Participants invite to the Event, if applicable) while at your Event, and the risks of injury that could arise in connection with your Event.
Darim does not procure insurance for, nor are we responsible for, personal belongings left at any location by the Participants or any harm caused or experienced, whether material, physical or emotional, during Events run by Hosts.
Failure to comply with these rules may result in your banishment from the Platform.
Participants and Reservations
As Member, you may request a Reservation to attend an Event listed on the Platform. If you do so, you become a Participant. As a Participant, you agree to pay the Event Fees, if required, for a confirmed Reservation using one of the methods described on the Platform, including via credit card through Stripe. You may be asked, at the time you request a Reservation, to provide customary billing information such as name, billing address and credit card information either to Darim or its third party payment processor.
You agree that, after you have submitted your request for a Reservation, but before it has been approved or accepted by the Host, Darim may in its sole discretion, (i) obtain a pre-authorization via your credit card for the Event Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting, to verify your credit card. If you fail to specify a payment method or provide a credit card that we can verify when you request a Reservation, we may at our discretion cancel your request.
If a request is cancelled, any Event Fees we have collected from you for the Event will be refunded, depending on the selections and settings you make or have made via the Platform, and if applicable, any pre-authorization of your credit card will be released.
Once your request is approved and confirmed, you will have made a Reservation, which is a binding agreement with the Host. As a condition of making the Reservation, you as a Participant agree to accept any terms, conditions, rules and restrictions associated with the Event that are disclosed to you either on the Platform (including these Terms) or by the Host. You acknowledge and agree that you will be solely responsible for honoring this commitment. Darim is not a guarantor of anyone’s performance or satisfaction.
When your Reservation is confirmed, Darim will notify you and will collect the Event Fee shown on the Platform. You hereby authorize Darim to collect the Event Fee using one of the methods described on the Platform – e.g. by PayPal or credit card and selected by you at the time the Reservation is requested. If you cancel a reservation you will receive a refund for cancellations made 48 hours or more before the event. Cancellations made less than 48 hours before the event will not be refunded.
Credit card transactions made through the Platform are processed by a third party payment processor. You must abide by the terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform.
Damage to Event Location
As a Participant, you are responsible for treating the Event location in a respectful manner. You acknowledge and agree that, as a Participant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite or otherwise bring to the Event. In the event that a Host claims that the Event location or any items contained therein has been damaged by you or any of your invitees (a “Claim”), and provides evidence of such damage, including but not limited to, photographs, you agree to pay the cost of repairing the damage, and replacing any damaged items with equivalent items. After being notified of a Claim, if you agree that the Claim is valid (or you do not dispute the claim within 30 days), we will collect the cost of repairing the damage or replacing any damaged items via the payment method you specified when you made the Reservation. Any amounts collected will be paid to the Host as compensation for the damage. You and the Host expressly authorize us to do this. If you agree the Claim is valid but we are unable to collect payment from you, you agree to remit payment for any damage directly to the Host or to Darim on behalf of the Host.
If you dispute a Claim, the Host may pursue legal action against you, and you agree to pay the Host’s costs of collection, including reasonable attorney fees, unless the Claim is determined to be without merit.
As a Participant, you understand and agree that the Host may, in his or her sole discretion, assert a Claim under your homeowner’s, renter’s or other insurance policy to cover any damage or loss you cause to the Event location or any property located at the Event location. You agree to cooperate with and assist the Host in connection with any such Claim and to provide such information as may be reasonably requested by the Host in order to assert the Claim, including, but not limited to, providing the name and number of your insurance carrier and policy number, notifying your insurance company of the claim, and executing such documents, and taking such further acts as the Host may reasonably request to assist in recovering the cost of the damage or loss.
Reporting Misconduct
If any Host or Participant is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Darim by contacting us with your police station and report number at (434) 260-0177. You acknowledge that receipt of your report will not obligate us to take any action beyond that required by law (if any) or that might cause us to incur any liability to you or any other party.
Complaints
If we receive a complaint about a Participant or a Host, we will take reasonable steps to determine what happened and whether the Participant or the Host has violated these Terms. Both Participants and Hosts agree to cooperate with us in good faith in connection with any such complaint, and will provide us with such information and take such actions as we may reasonably request in order to make this determination. If we determine that a Participant or Host has violated these Terms, we may banish the offending party from the Platform.
Member Conduct
In connection with your use of the Platform and Events planned through the Platform, you may not and you agree that you will not:
Post, upload, publish, submit or transmit any information concerning any other person or entity, including without limitation, photographs, personal contact information or credit, debit, calling card or account numbers, without such person’s permission;
Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Use the Platform to distribute unsolicited commercial email or advertisements (“spam”);
“Stalk” or harass any user of our Platform or collect or store any personally identifiable information about any other user, other than for purposes of hosting Events, making reservations, or attending Events;
Register for more than on Darim account or register for a Darim account on behalf of a person other than yourself;
Contact any member, host or Participant outside of the Platform;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Use the Platform to find a host or Participant and then arrange attendance an Event independently of the Platform in order to circumvent these terms or any obligation to pay any service fees related to Darim’s provision of the services;
Use automated scripts to collect information or otherwise interact with the Platform;
Submit any content that contains false or misleading information,
Violate any law or regulation, or any order of a court, including, without limitation, zoning restrictions;
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
Interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
Use, display, mirror or frame the Platform, or any individual element within the Platform,
Use the name(s), trademark(s), logo(s) or other proprietary information of Darim or The Big Bold Jewish Climate Fest, or copy or use the layout and design of any page or form contained on a page, without Darim’s express written consent;
Access, tamper with, or use non-public areas of the Platform, Darim’s computer systems, or the systems of Darim’s service providers;
Attempt to probe, scan, or test the vulnerability of any Darim system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Darim or any of Darim’s providers or any other third party (including another user) to protect the Platform;
Fake, falsify, counterfeit, copy, imitate, reproduce, replicate, or simulate any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
Copy, store or otherwise access any information contained on the Platform for purposes not expressly permitted by these terms; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
We reserve the right to, at any time and without prior notice, restrict, disable, cancel or suspend the Darim Account of any Member, for any reason, or no reason at all.
Violations
We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, in our sole discretion, consider to be objectionable for any reason, or that violates these Terms or is otherwise harmful to the Platform.
We reserve the right to investigate and prosecute violations of these Terms, to the fullest extent of the law. Darim may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
We reserve the right to, at any time and without prior notice, cancel or suspend the Darim Account of any Member who violates these Terms. We may also at our discretion, restrict or disable access to the Platform for anyone that we suspect has violated these Terms, until we can determine whether or not a violation has occurred.
You acknowledge that Darim is permitted but not required to monitor your access to or use of the Platform and to review or edit any Member Content you post, for the purpose of enforcing these Terms, operating and improving the Platform, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right to access, preserve and disclose any of your personal information or any Content that you have posted, if we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against us or to comply with legal process, (ii) to enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) to protect the rights, property or safety of our users or members of the public.
The failure of Darim to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Darim. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Service Fees and Taxes
To sustain the Platform, Darim collects Service Fees from Hosts and Participants. Where applicable, Taxes may also be charged.
You understand and agree that you are solely responsible for complying with your own tax reporting requirements in consultation with your tax advisors. Darim cannot and does not offer tax-related advice to any Members of the Platform. Additionally, please note that each Host is responsible for reporting and paying local indirect Taxes and for including the amount of any such Taxes in the Host Fee posted on the Platform. Where required, or upon request from a Host, Darim may issue a valid VAT invoice to the Host.
Except as otherwise provided herein, Service Fees are non-refundable.
Taxes may be refundable, but only from the taxing authority according to its normal rules and procedures. Once we pay Taxes to the taxing authority, we cannot provide any refund.
Cancellations and Refunds
If, as a Participant, you cancel your request before it is confirmed by a Host, Darim will refund any Event Fees collected in connection with the request within a commercially reasonable time (48 hours). If, as a Participant, you wish to cancel a reservation made via the Platform which has been confirmed by the Host, the cancellation policy of the Host will apply to such cancellation.
If a Host cancels a confirmed Reservation made via the Platform, (i) Darim will refund the Event Fees for such reservation to the Participant within a commercially reasonable time (48 hours) of the cancellation and (ii) the Participant will receive an email or other communication from Darim containing alternative Events and other related information. Cancellations made less than 48 hours before the event will not be refunded. If the Participant requests attendance at an alternative Event, that will be treated as a new request, and the Platforms normal rules will apply. If a Host has cancelled a confirmed Reservation or an Event and you, as a Participant, have not received an email or other communication from the Host or Darim, please contact Darim at help@jewishclimatefest.org.
Payment Processing Errors
We will take appropriate steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment. If you become aware of any payment processing error, please do not assume we know about it. Notify us as soon as possible so any error can be corrected.
Donations
Darim is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and any contributions to Darim are tax deductible, except to the extent that the donor receives any goods or services in exchange for their contribution.
The Platform may include tools that you can use to make a contribution to Darim. Hosts may pledge to donate a portion of the funds they receive via the Platform to Darim, in which case we will deduct the amount of any such pledge from the amount that we would otherwise remit to the Host.
Foreign Currency
As part of the Services, Darim provides a feature through which Members may view Event Fees for various Events in foreign currencies. These Event Fees listed in foreign currencies are for informational purposes only. When you request a Reservation, you will be notified of the approximate value of the Event Fees in the currency which you have selected. You understand and agree that, notwithstanding the Platform’s ability to display Event Fees in other currencies, all Event Fees are payable in US Dollars. Any payments in currencies other than U.S. Dollars, will be exchanged into US Dollars at the time of payment at the then-prevailing exchange rate, and any foreign currency processing costs which our payment processors assess will be charged to you and collected as an additional Service Fee.
Privacy
Darim has adopted a Privacy Policy that governs collection and use of your personal information and contains important notices. Please review that Privacy Policy before using the Platform, as you are deemed to accept its provisions when you use the Platform.
Ownership of Content
All Darim Content, and all rights thereto, are owned by Darim. All Platform code is licensed by Darim from a third party/ Member Content is owned by the Member who posted, uploaded, published, submitted or transmitted it to be made available through the Platform. All rights to the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Content, including all associated intellectual property rights is the exclusive property of Darim, and its licensors.
Darim grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Darim Content solely for personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. This grant of rights is conditioned on your compliance with these Terms in all respects, and may be revoked by Darim at any time with or without notice.
All trademarks, service marks, logos, trade names and any other proprietary designations of Darim used herein are trademarks or registered trademarks of Darim. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not remove or modify any copyright notices, restrictions or signs indicating proprietary rights of Darim, including any copyright mark [©] any trademark or service mark [® or ™], or any other mark contained in or accompanying the Content, and you represent and warrant that you will abide by all applicable laws in this respect.
You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Darim’s marks and logos, whether registered or not.
Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making Member Content available on or through the Platform, you hereby grant to Darim a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content in connection with the activities of Darim, including the Platform, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Darim the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Darim’s use of the Member Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that Darim has the unconditional right to remove from the Platform any Member Content that you have uploaded to the Platform at any time, and may exercise such right in its sole discretion, for any reason, at any time, with or without notice.
Links
The Platform may contain links to third-party websites or resources. You acknowledge and agree that Darim is not responsible or liable for the availability, accuracy, or reliability of such websites or resources, nor for the content, products, or services available on or through such websites or resources. Darim, which manages The Big Bold Jewish Climate Fest, is a non-profit tax-exempt organization. It is formed to pursue a charitable and educational mission, not to serve private interests. Accordingly, the presence of links to such websites or resources on the Platform are not intended, and should not be taken to imply our endorsement of any content, products, or services available on or through such third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any links to third party websites or resources, including any content, products, or services on or available from such websites or resources.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing us at help@jewishclimatefest.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Darim and you hereby irrevocably assign to Darim all of your right, title, and interest in and to the Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
Disclaimers
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DARIM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, PARTICIPANTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF DARIM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
NEITHER GBJFF NOR DARIM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE PLATFORM AND COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM.
IN NO EVENT WILL BBJCF OR DARIM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID OR INCURRED THROUGH THE PLATFORM AS A PARTICIPANT IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR THE AMOUNTS PAID TO YOU AS A HOST BY DARIM IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DARIM AND YOU.
Indemnification
You agree to release, defend, indemnify, and hold Darim and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Event, (iii) creation of an Event, (iv) the use, condition or rental of an Event by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Event, or (v) injuries, damages or other claims to any persons present at an Event.
Governing Law
Your use of the Services and these Terms shall be governed by, and construed in accordance with, the internal laws of Washington State without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Washington State without reference to the choice of law or conflicts of law principles thereof.
Disputes
Any dispute, claim or controversy arising out of or relating to the Services or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by AAA pursuant to their Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Darim or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be final and binding upon both parties.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Darim and you regarding the Platform, Collective Content, and any Listings, Reservations, or Events appearing on (or made via) the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Darim and you regarding Membership, Listings, Reservations, Events, the Platform, and the Collective Content.
Contacting Darim
If you have any questions about these Terms, please contact Darim at 434.260.1170