WEBSITE TERMS AND CONDITIONS
Kivab4b.org, B4Bcommunity.org, and all other related content and online services (the “Sites”) are provided by Advanta Bank Corp. (“Advanta”) to furnish information about Advanta’s microfinance support project with Kiva.org. Please carefully read these terms and conditions. Your access to the Sites and any of their pages constitutes your agreement to be bound by the following terms and conditions. If you do not agree to the following terms and conditions, do not access the Sites or any of their pages.
USE OF INFORMATION AND MATERIALS.
The information contained in the Sites is subject to change without notice. The Sites and the Advanta products and services described herein are available to United States residents only and in accordance with applicable law.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
ADVANTA BANK CORP. ("ADVANTA") AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITES, INCLUDING (WITHOUT LIMITATION) THE INFORMATION, CONTENT, LINKS, GRAPHICS, COMPUTER PROGRAMS AND INTERFACES CONTAINED THEREIN, ALL OF WHICH ARE PROVIDED "AS IS, WITH ALL FAULTS, INCLUDING, BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS." ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUSES. IN NO EVENT SHALL ADVANTA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR IN ANY WAY RELATING TO ANY PERSON'S USE OF OR INABILITY TO USE THE SITES OR ANY PART HEREOF OR ARISING OUT OF OR IN CONNECTION WITH THE COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITES AND THE INFORMATION CONTAINED AT THE SITES, INCLUDING (WITHOUT LIMITATION) LOSS OF DATA, USE OR PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER ADVANTA OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. LINKS TO NON-ADVANTA BANK CORP. INTERNET SITES FROM THE SITES (INCLUDING KIVA) ARE MADE AT YOUR OWN RISK. YOU SHOULD BE AWARE THAT ADVANTA HAS NO CONTROL OVER, AND DOES NOT ENDORSE OR WARRANT, THE CONTENT, PRODUCTS, SERVICES, OR RECOMMENDATIONS THAT MAY BE OFFERED ON ANY SUCH LINKED SITE, INCLUDING KIVA.ORG (“KIVA”); THAT ADVANTA IS NOT RESPONSIBLE FOR THE PERFORMANCE OR ANY FAILURE TO PERFORM OF ANY SUCH CONTENT, PRODUCTS, OR SERVICES; AND THAT THE PRIVACY AND SECURITY POLICIES OF THE OWNER OR OPERATOR OF ANY SUCH LINKED SITE MAY DIFFER FROM ADVANTA'S.
Kiva uses the terms “loan”, “micro-loans” and “lending” to describe its and your activities through Kiva. To avoid confusion, Advanta uses the term “grant” because, unlike in a true lending situation, you have no legal right to, and there is no guarantee of, repayment of funds you provide from Kiva, the ultimate recipient of the funds or anyone else. The funds you provide through Kiva are combined with funds from others and are provided by Kiva to a microfinance institution (a foreign lender or bank) to lend to a small business or entrepreneur in a developing country. If you use your Advanta BusinessCard to make a grant, you must repay Advanta for any amounts charged as required by your cardholder agreement whether or not you are repaid. Any grant or “loan” made through Kiva is administered solely by a microfinance institution chosen by Kiva. Advanta Corp. and its affiliates have no responsibility for or control over any such grant; the use, interest charged on, repayment or collection of the loan resulting from your grant; the repayment of funds to you; any legal issues relating to the transaction, Kiva or the microfinance institution; the Kiva website; or the security and privacy policies and practices of Kiva and the Kiva website.
TRADEMARKS AND COPYRIGHT
The copyright in the Sites, its contents, including (without limitation) all graphics, text, and computer programs contained therein, the underlying code, the pages displaying the Sites and the arrangement of the Sites, is owned by Advanta Bank Corp. unless otherwise indicated. Advanta and the Advanta logo are registered service marks of Advanta Corp. Certain other trademarks and service marks owned by Advanta Corp. or its affiliates may be contained in the Sites; all other marks contained herein including Kiva, are the property of their respective mark owners. Unless otherwise indicated, you may not copy, modify, sell, distribute, display, publicly perform, transmit, use or sublicense any content or materials on the Sites without Advanta's prior written consent. All proprietary notices and copyright information on the Sites must be observed and followed.
USER CONTENT RESTRICTIONS
The following is a partial, non-exhaustive list of the kinds of User Content (defined to mean “any content provided by a user of the Sites for posting and/or availability through the Sites, including commentary, stories, graphics, images, and photographs posted in connection with a blog or profile”) and activities that you may not provide or engage in on the Sites:
Advanta assumes no responsibility or liability for the User Content or conduct of the Sites’ users. If you become aware of misuse of the Sites by any person, please contact Advanta at help@kivab4b.org. Advanta reserves the right to reject or delete any unlawful, infringing, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, discriminatory or profane or otherwise objectionable material, or any other User Content that could give rise to any civil or criminal liability under the law. Advanta may take any other actions against you that it deems necessary.
YOUR USER CONTENT
In the event that you decide to post User Content or to access the Sites, you are solely responsible for the User Content, if any, you post or make available on the Sites, any information you transmit to any other Site users, and your interactions and communications with other Site users.
When you post User Content within the Sites, you hereby represent and warrant that you own all the rights, or have all the rights and permissions necessary and have paid all royalties, fees or other money necessary in connection with such rights and permissions, to provide the User Content and that such User Content does not and will not infringe any patent, trademark, copyright, publicity right, privacy right, or any other proprietary rights of third parties. You further represent and warrant that any information that you provide about yourself, your company, or any other matter, will be complete, accurate and up to date, and that such information and Advanta’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights, or any other rights of any third party.
If you post any User Content consisting of photographs or images, the photographs or images may not use or contain any depiction of any trademarks, trade names, third party copyrighted material, or any other material owned by any third party. Photographs or images posted may only depict individuals shown in groups and cannot depict a public figure. No individual may be prominently displayed, unless you have received prior written permission from that person(s) granting you the right to display the photograph or image for publication and use on the Sites and granting you the right to sublicense the right to use the photograph or image to Advanta. By submitting a photograph or image, you represent that you have received this written permission and agree to indemnify Advanta for any claims arising out of said use.
Advanta will not validate, and in no event will Advanta be responsible for or obligated to, monitor or validate the accuracy, legality, appropriateness, or completeness of the User Content prior to or after its posting. The User Content does not necessarily reflect the opinions or policies of Advanta and Advanta neither expressly nor impliedly warrants the User Content’s accuracy or reliability.
You may neither display an advertisement of a third party on the Sites nor accept payment or anything of value from a third party in exchange for your performing any commercial activity on or through the Sites on behalf of that third party, such as uploading commercial content.
Except for appropriate and permitted use of the “Tell a Friend” feature on the Sites, you may not use the Sites to transmit any chain letters, bulk emails, or any other unsolicited communication to other Site users, nor may you use any of the information obtained from the Sites in order to contact, advertise, solicit, or sell to any other Site user without their explicit consent. If you breach these terms and conditions and send unauthorized communications of any kind through the Sites, you acknowledge that you will have caused substantial harm to Advanta, but that the amount of harm would be extremely difficult to ascertain. Therefore, as a reasonable estimation of such harm, you understand and agree to pay Advanta $50.00 for each unauthorized email or other communication you send through the Sites, in addition to any other legal or equitable relief to which Advanta may be entitled.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:
Advanta’s DMCA Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows: Attn: DMCA Agent Advanta Bank Corp. Welsh and McKean Roads Spring House, PA 19477 help@kivab4b.org
GENERAL
Any information or User Content submitted on the Sites or to Advanta or its affiliates via the Sites shall become and remain the property of Advanta and its affiliates. Advanta and its affiliates shall be free to use such information or User Content for any purpose and shall not be subject to any obligations of confidentiality regarding such information, except as required by law or as set forth in the privacy practices or policies applicable to your relationship with us. Users should be aware that information sent by e-mail may not be secure and may be intercepted by third parties. Please do not use e-mail to send Advanta any confidential information or information which will need immediate attention. Confidential information and matters needing immediate attention may be addressed by calling us at 1-800-788-2632.
Advanta reserves the right to seek all remedies available at law or in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to the Sites. You agree to indemnify, defend and hold harmless Advanta and its affiliates from any liability, loss, claim or expense, including attorney's fees, related to your violation of these terms and conditions or your use of the services and information provided at the Sites.