Charitable Evolution Terms and Conditions
March 14, 2018
These terms and conditions (“Terms”) govern your access to or use of the Charitable Evolution website, mobile application, platform, and additional services made available by Charitable Evolution, LLC., which has developed a proprietary fundraising platform called Charitable Evolution that allows organizations to raise charitable donations (“Charitable Evolution”, “we”, or “our”) (collectively, with any new features and services, and subject to all subsequent updates and revisions made at the sole discretion of Charitable Evolution, the “Services”) and the entirety of your relationship with Charitable Evolution. The Services shall include any and all services, features, or tools made available on or through the Charitable Evolution website or mobile application or otherwise provided by Charitable Evolution, including but not limited to any widget, form, or other tools for marketing, communications, social sharing, event registration, branding, donation, integration, customization or promotions. Use of the Services is also subject to the terms and conditions of any agreement Charitable Evolution may have entered into with any payment or fund processor (a “Processor”) for the transfer or movement of funds, which terms may be subject to revision from time to time. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING OR ACCESSING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. These Terms apply to you if you are a fundraiser, charity, donor, event organizer, event registrant or any other user of the Services (collectively, “Users” or “you”). If you are reviewing and agreeing to these Terms on behalf of an entity, you hereby represent and warrant that you are an authorized representative of such entity, with the authority to legally bind such entity and do hereby legally bind such entity to these Terms. If you choose to not accept these Terms, you cannot use the Services. Please contact us if you have any questions. In addition to reviewing these Terms, you should also read our Privacy Statement to better comprehend how we collect and use your information. Your use of the Services constitutes your agreement to our Privacy Statement.
USERS UNDER A SUBSCRIPTION AGREEMENT
Certain users may separately enter into an agreement with Charitable Evolution, LLC providing different or additional terms regarding Charitable Evolution’s Services, including but not limited to terms related to pricing or features (each, a “Services Subscription Agreement”). If there is a conflict between a provision in these Terms and a provision in the Subscription Agreement, the latter takes precedence with respect to the provision in conflict.
ADDITIONAL TERMS AND POLICIES
Please review the Charitable Evolution Privacy Statement, incorporated herein by reference, for information and notices concerning our collection and use of your information. Certain areas of and/or features or products on the Services may have different and/or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or feature, the latter take precedence with respect to your use of that area or feature and with respect to the provision in conflict. Access to the Services from territories and jurisdictions where the Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Services.
1. Our role. The purpose of the Services is to help individuals, entities or organizations raise money or product donations, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the Services is not a solicitation of donations by Charitable Evolution, and Charitable Evolution does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Charitable Evolution shall not be responsible for the use of your donations or the amount of funds raised for your charity, campaign, or event.
2. Becoming a Member.
a. To use the Services, you must: (1) be over the age of majority in the jurisdiction in which you live (i.e. at least 18, and in some cases 19 years old) or, if you are a minor over the age of 13, you may only use the Services with the permission and supervision of your parent or legal guardian; (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User’s account without her/his permission.
b. To use the Services, you will be asked to create an account (either “personal” or “non-profit”). Either type of account may be used to raise funds for a Charity (as defined herein), provided, however, that by creating an account on behalf of an entity or organization, you warrant and represent that you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Services.
c. You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page subject to these Terms. By selecting a user name and any particular URL, you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Charitable Evolution, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Charitable Evolution to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Charitable Evolution. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Charitable Evolution immediately of any unauthorized use of your password or account or any other breach of security. Charitable Evolution assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Charitable Evolution has the right to reclaim any user names or URLs for any reason.
d. You agree to: (a) provide accurate information as prompted on the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Charitable Evolution has reasonable grounds to suspect that such information is inaccurate, Charitable Evolution may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services.
3. Registering as an Organization.
The registering organization, warrants and represents that it has submitted all required federal and state documents that allow the organization to maintain its status as an exempt organization. This organization indemnifies Charitable Evolution for any claim, charges, legal actions brought against the platform as a result of the organizations failure to maintain its status as an exempt organization.
Charitable Evolution Platform
The Services are provided to Users through the Charitable Evolution website, any applications designed for use within mobile devices, applications, software, widgets, and other technological devices and processes that may be modified, terminated, upgraded, and revised from time to time without notice at the sole discretion of Charitable Evolution (collectively, the “Charitable Evolution Platform”). Access to the Charitable Evolution Platform and use of any Services, whether direct or indirect, by any User and / or any User’s agent, officer, or representative constitutes consent and agreement to be bound to the terms and conditions of these Terms.
Any User who creates an account and raises funds through the Services (“Fundraiser”) is subject to the following additional terms of these Terms that apply specifically to Fundraisers.
1. Individuals or Entities Fundraising for Charities. By raising funds through the Services, you represent and warrant that: (a) you are raising money for a 501(c)(3) non-profit organization or registered charity (a “Charity”) with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) all donated funds will be used solely for the purpose you have stated on the Services, and under no circumstances may you use the funds for any other purpose. You understand and agree you cannot specify or direct how a Charity may use funds raised.
2. Charity Fundraising. If you are a Charity or an agent of such Charity using the Services to raise funds for such Charity, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Charity: (a) has and will maintain tax-exempt status under sections 501(c)(3) of the Internal Revenue Code; (b) is registered with the GuideStar database or such other database service that Charitable Evolution may use in its sole discretion; and (c) has authorized you to raise money on its behalf through the Services. If you create a campaign on behalf of a Charity, you represent and warrant that you: (a) are the authorized representative of the Charity with the authority: (i) to solicit Donations (as defined herein) for the Charity; and (ii) to bind the Charity to these Terms; and (b) are using your Donations only as you have described on the Charitable Evolution Platform. .
3. Creating and Posting a Fundraising Campaign. A Fundraiser may create and post a campaign to showcase and share certain information about the campaign and Charity and elicit financial contributions (“Donations”) from other Users as follows:
a. Create a campaign profile page and post a request for donations to that Charity (a “Funding Request”). You may be required to provide payment information depending on how Donations are made.
b. Select a Charity to receive the Donations and ensure such Charity has an independent payment processor (the “Processor”) to receive Donations.
c. You may utilize the platform to submit product donations to a Charity. You shall be solely responsible for choosing these products and ensuring such rewards comply with applicable law.
d. All Donations to a Charity will be made directly into the Charity’s account less Charitable Evolution’s fees.
1. Pricing. Charities may choose to have a Standard Account or a Subscription Account with Charitable Evolution. Standard Accounts are subject to these Terms and to the pricing set forth on our Pricing page. Charities with Standard Accounts may also purchase additional services by contacting Charitable Evolution. Charities that choose a Subscription Account will receive all Standard Account features and will be subject to these Terms and to a separately executed Subscription Agreement, which shall set forth the transaction fees to be paid by the Charity and the pricing for any additional features and services. All donations are also subject to a credit card processing fee for each donation.
a. All fees are non-refundable. By using the Services, each Charity hereby authorizes us to charge the account and billing method on file for all applicable fees. Charity will be responsible for any applicable taxes based on their net income or gross receipts (if any).
b. Chargebacks and Refunds. Occasionally, a Donor or Event Registrant may dispute a credit card charge for a Donation through the Charitable Evolution ServicesIn the event that a donor, User, or Event Registrant (defined below) disputes a credit card charge for a Donation through the Charitable Evolution Services, refunds for event registrations shall be handled by Event Organizers. Charitable Evolution is not responsible for handling or communicating an Event Organizer’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organizer concerning a refund. Event Organizers agree to deal exclusively with Event registrants concerning refunds.
2. If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in Charitable Evolution’s searchable database, you may contact us at firstname.lastname@example.org to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the Charitable Evolution database, it will not be eligible to receive contributions through the Charitable Evolution platform.
3. Receiving Funds. As a Charity, receipt of Donations, minus any applicable transaction fees and credit card fees, is based upon and subject to the applicable Processor’s procedures and terms and credit card processor’s terms. Available Processors are described under “Payment Processors: Our Partnerships with “Stripe” is detailed below. Charitable Evolution is not a payment processor and does not hold funds.
4. Charitable Evolution does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
1. Events. The Services enable Charities to offer and users to register for events, (“Event Registrants”), such as volunteering for disaster relief situations, and other similar events (collectively, “Events”) which may require a registration fee, as determined by the organizers of these events (“Event Organizers”). Event Organizers may establish a page on the Services that provides details about their Event and provides the ability to collect Event registration fees through the Services. Event Organizers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers, and ensuring such Event complies with applicable law. Event Organizers shall be solely responsible for determining the amount of Event registration fees and providing any associated any discounts, promotions or refunds.
2. Fees. Event Organizers that use the Services to process Event registrations agree to pay Charitable Evolution a transaction fee for each Event registration, unless separately agreed to in a Subscription Agreement with Charitable Evolution.
3. Receipt of Registration Fees. Receipt of registration fees, minus any applicable transaction fees and credit card fees, is based upon and subject to the payment processor’s procedures and terms and credit card processor’s terms.
4. Charitable Evolution does not withhold funds for tax purposes or otherwise. Event Organizers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
a. Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the Charitable Evolution Services. All refunds for event registrations are handled by Event Organizers. Charitable Evolution is not responsible for handling or communicating an Event Organizer’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organizer concerning a refund. Event Organizers agree to deal exclusively with Event registrants concerning refunds.
Any individual, entity or organization that registers as a User and donates funds through the Services (“Donor”) is subject to the following additional terms of these Terms that apply specifically to Donors.
1. Donor’s Risk. All Donations are at your own risk. When you make a Donation to a campaign, Event, or Charity, it is your responsibility to understand how your money will be used. Charitable Evolution does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of the Donations. Charitable Evolution is not responsible for any rewards, promotions, Events, or any other offers or promises made by Charities or Event Organizers in exchange for Donations.
2. No Gift Restrictions. Donors are not permitted to impose restrictions on the use of Donations by a Charity or Event Organizer. To the extent that a Donation is made in response to an appeal for a particular program of a Charity or Event Organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine how all Donations will be used.
3. Donor Commitments. By donating money through the Services, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each Donor agrees and acknowledges that: (a) all Donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (b) designated Donations and registration fees and transaction fees will be charged to the credit or debit card or other payment method you use through Stripe and Charitable Evolution does not collect or store your credit card information; (c) all Donations are final and non-refundable; (d) recurring monthly Donations continue until the Donor cancels such recurrence, and if the Donor chooses to cover the fees so that their Donation goes to the cause, those fees are based on the Charity’s account pricing at the time of the first payment in that recurring series of payments and that the Charity’s fees may be subject to change without notice to the Donor, and (e) Event registration fees are subject to the Event Organizer’s refund policy.
4. Tax Deductions. Charitable Evolution makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. Charitable Evolution will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any Charitable Evolution User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
5. Donor information. Donors shall provide Charitable Evolution with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Statement, certain of Donor’s personal information will be shared with the Charity to which such Donor makes a donation.
Payment Processors: Our Partnership with Stripe and Amazon.
Charitable Evolution has partnered with Stripe and Amazon to make raising money and donating products & cash to Charities as easy and seamless as possible. All Charities in the U.S. have the option of using Stripe process Donations made through the Service. All Charities in the U.S. are also automatically configured to receive product donations via Amazon by using the Charitable Evolution platform.
1. When Stripe processes a Donation through the Services, the Donation will go directly from the Donor to the non-profit’s Stripe merchant account. Donations will appear on the Donor’s credit card statement under the name of the non-profit to whom they contributed.
2. When a Donor donates a product on the Charitable Evolution platform, that product is then sent directly to the Charity by Amazon or the product fulfiller of the product being purchased on Amazon.
General Terms Applicable to Fundraisers, Charities, Donors and All Other Users
1. Ownership of the Services. The Services and all technology underlying the same are expressly owned and operated by Charitable Evolution. Unless otherwise noted, the design and content features on the Services, including without limitation: information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, APIs, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by Charitable Evolution or its affiliates, if any, or are licensed by Charitable Evolution from third parties. The Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
a. The trademarks, logos, and service marks (“Marks”) displayed on the Services are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that Charitable Evolution sponsors or with which we are otherwise affiliated. Charitable Evolution’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Charitable Evolution’s express written consent except as permitted by applicable laws. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Charitable Evolution’s express written consent.
b. No portion of the Services or Site Information may be reprinted, republished, modified, or distributed in any form without Charitable Evolution’s express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Services or any of the Site Information.
c. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Services or in the original Site Information on any authorized copy you make of the Services or the Site Information.
2. Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a “Widget”). Subject to your compliance with the Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
a. with, any products or services for sale;
b. Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
c. Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
d. Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our Services.
3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Charitable Evolution through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Charitable Evolution has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Charitable Evolution a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
4. Use of Services. To the full extent permitted by law, the Services and the Site Information are provided “as is” with all faults. Your use of the Services, and the Site Information is at your own risk. The Services or Site Information may contain errors or omission, or may be out of date. The Services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the Services, you promise to:
a. Use the Services in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the Services;
b. Use the Services so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
c. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
5. Prohibitions. You also agree that you will not:
a. Use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity, Promotion, Event or campaign through the Services, or post User Generated Content (defined below) in any inappropriate category or areas on the Services;
b. Use the Services in any way that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. Create any liability for Charitable Evolution or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
d. Engage in any conduct that, in Charitable Evolution’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services;
e. Interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks Charitable Evolution uses to provide the Services;
f. Gain unauthorized access to the Services, or any account, computer system, or network connected to this Services, by any unauthorized or illegal means;
g. Obtain or attempt to obtain any materials or information not intentionally made available through the Services;
h. Use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities is expressly permitted;
i. Engage in advertising or commercial solicitation of any product or service without Charitable Evolution’s written consent, except that using the Services for fundraising activities is expressly permitted;
j. Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Services, or use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
k. Post any identification documents or sensitive information about another person;
l. Create a fundraising campaign involving legal disputes or legal issues or child custody issues;
m. Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Services or Site Information for any purpose without Charitable Evolution’s prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services or Site Information for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Charitable Evolution reserves the right to revoke these exceptions either generally or in specific cases);in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Services or User Generated Content including but not limited to, use on a mirrored, competitive, or third-party site;
n. Transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
o. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
p. Attempt to indirectly undertake any of the foregoing.
6. Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on Charitable Evolution without our prior written consent. You may seek permission by sending an email to email@example.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered; (c) you may not use the Marks or any other Charitable Evolution intellectual property in the rules or any other materials relating to the Promotion without Charitable Evolution’s express written permission; (d) such Promotion does not require making a Donation as the only way to enter; (e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the jurisdiction in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Services: (i) Charitable Evolution does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Charitable Evolution from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to Charitable Evolution.
7. Content. When you are using the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Services (collectively “User Generated Content”). You alone, not Charitable Evolution, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Charitable Evolution, you hereby grant Charitable Evolution a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.
a. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
b. Charitable Evolution shall have the right, but no obligation, to monitor User Generated Content and other features of the Services to determine compliance with these Terms and any other operating rules we establish. Charitable Evolution shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Services. We do not control any User Generated Content that you or other Users may provide. Charitable Evolution neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Services or User Generated Content, whether it is provided by Charitable Evolution, our employees, or a third party.
c. Under no circumstances will Charitable Evolution be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the Services. Charitable Evolution is not responsible for any offensive, defamatory, obscene content or any other posting made through the Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Charitable Evolution’s sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged use the Contact us page or send an email to firstname.lastname@example.org.
d. Charitable Evolution is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider through the Services.
8. Digital Millennium Copyright Act; Copyright Complaints. Digital Millennium Copyright Act; Copyright Complaints. Charitable Evolution respects the intellectual property rights of others and requires those that visit and use the Services to do the same. Charitable Evolution may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. Charitable Evolution also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that Users of the Services repeatedly infringe on others’ copyrights, Charitable Evolution may in its sole discretion terminate those individuals’ rights to use the Services. If you believe that your work has been used on our Services in any manner that constitutes copyright infringement, please notify Charitable Evolution’s copyright agent by written notice. The notice should include the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
b. A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
c. Identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
d. Your name, address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
f. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
9. Charitable Evolution’s copyright agent for notice of claims of copyright infringement on the Services is: FILL OUT LEGAL CONTACT INFORMATION HERE.
10. Suspension or Termination of Your Use of the Services. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms. Charitable Evolution has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in Charitable Evolution’s sole discretion and that Charitable Evolution shall not be liable to you or any third party for any termination of your account. If you want to terminate any Services provided by Charitable Evolution, you may do so by notifying Charitable Evolution at any time, with your notice sent, in writing, to our address: FILL OUT LEGAL CONTACT INFORMATION HERE, Attn: Corporate Counsel. Termination of any Service includes removal of access to such Service and barring of further use of the Service, provided that any Donations made prior to the effective date of termination will continue to be processed. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You acknowledge and agree that any and all additional services purchased pursuant to a package will not commence until receipt of full payment for such package.
11. No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. The Services may provide links or references to other websites but Charitable Evolution has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Charitable Evolution, we do not operate, control or endorse any information, products or services on the Internet in any way. Charitable Evolution does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to the Services, you do so entirely at your own risk.
Liability & Indemnification
1. Indemnification. You agree to indemnify, defend and hold Charitable Evolution and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney’s fees) resulting from: (a) your use, misuse or abuse of the Services or the Site Information; (b) your User Generated Content; (c) your breach of any provision of these Terms, including but not limited to your breach of any warranty or representation; (d) any fundraising campaigns, Events, Promotions, or prizes; or (e) disputes between users (including but not limited to Fundraisers, Donors, Charities, and third parties). You will cooperate as fully as reasonably required in Charitable Evolution’s defense of any claim. Charitable Evolution reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without Charitable Evolution’s written consent.
2. DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CHARITABLE EVOLUTION, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CHARITABLE EVOLUTION, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SERVICES OR SITE INFORMATION. CHARITABLE EVOLUTION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
3. LIMITATION ON LIABILITY. EXCEPT FOR CONSUMER TRANSACTIONS BY RESIDENTS OF QUEBEC OR AS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, CHARITABLE EVOLUTION, ITS OFFICERS, AGENTS, AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CHARITABLE EVOLUTION BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND CHARITABLE EVOLUTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON WHERE YOU RESIDE. IF YOU ARE FROM NEW JERSEY, THE FOREGOING LIMITATIONS ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
4. RELEASE. YOU HEREBY AGREE TO RELEASE CHARITABLE EVOLUTION, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
5. Security of the Services. Charitable Evolution maintains physical, technical, and administrative safeguards that are designed to help protect the Services, our systems and our volunteers’, Fundraisers’, Donors’ and Charities’ information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While Charitable Evolution strives to protect your information, it cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
1. Electronic Communications. When you visit or use the Services or send emails to Charitable Evolution, you are communicating with us electronically. You consent to receive communications from Charitable Evolution electronically. Charitable Evolution may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that Charitable Evolution provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to Charitable Evolution at the following address: FILL OUT LEGAL CONTACT INFORMATION HERE, Attn: Counsel. Such notice shall be deemed given when received by Charitable Evolution by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
2. Jurisdiction and Governing Law. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Arkansas, without giving effect to its conflicts of laws provisions, and the venue for any dispute arising from these Terms shall be in the circuit courts of Pulaski County, State of Arkansas.
3. Services are for Use in the United States. The Services are hosted in the United States and is intended for users located in the United States. If you are user of the Services from outside of the U.S, by visiting or using the Services and/or providing Charitable Evolution with any User Generated Content specifically or Content generally, you agree to comply with all federal, state and provincial laws governing the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States, or the country in which you reside. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
4. Conflict with Other Agreements. These Terms are in addition to, and do not nullify, any other agreement between you and Charitable Evolution or any other applicable Terms and conditions found on the Services. In the case of any direct conflict between these terms and any other agreement between you and Charitable Evolution, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services. Notwithstanding the above, when you use Stripe in order to make or receive a Donation, your use of that service is governed by the Stripe Privacy & Terms.
5. Modification of the Terms. In Charitable Evolution’s sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on this website. The date of the most recent revision will appear at the top of this page. Charitable Evolution encourages you to review these Terms periodically for any updates or changes. Any amended or modified Terms will be effective upon posting. Continued use of the Services constitutes acceptance of any modified terms and conditions.
6. Additional Terms. Charitable Evolution also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously. For example, Charitable Evolution may post additional rules to participate in a promotion. Your continued use of the Services constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these Terms.
7. Miscellaneous Other Provisions.
a. In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
b. The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Term
c. Any failure by Charitable Evolution to enforce any parts of these Terms will not be considered a waiver of such Term in whole or in part.
d. These Terms make up the entire agreement between you and Charitable Evolution regarding the Services and supersede any prior agreements.
e. These Terms do not confer any third party beneficiary rights.
f. You will not assign or transfer any of your rights or responsibilities under these Terms to anyone without Charitable Evolution’s express written permission.
g. Charitable Evolution may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of equity or assets, or by operation of law or otherwise.
h. Nothing in these Terms shall prevent Charitable Evolution from complying with the law.
i. Charitable Evolution shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these terms, contact us at email@example.com.