TERMS OF SERVICE AGREEMENT
Last Modified: September 15, 2015
Welcome to Donation Planet
Thank you for visiting our website at www.donationplanet.org or through one of our apps or other digital channels (the “Site”). Please be aware that some services offered through the Site, including the processing of donations from individuals, foundations or corporate donors to registered charities, are processed through Donation Planet Trust, Inc. while other services, including fundraising and marketing services, are provided by Donation Planet, Inc.
GENERAL TERMS APPLICABLE TO ALL USERS
ACCEPTANCE OF TERMS
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, WHETHER MANUALLY OR THROUGH AUTOMATED MEANS, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
These Terms of Service Agreement (the “TOS”) are a legally binding agreement that shall govern the relationship with our Users and others which may interact or interface with Donation Planet, Inc., Donation Planet Trust, Inc., the Site, and any subsidiaries and affiliates (collectively, “Donation Planet”).
The Site is offered and available to Users who are at least 18 years of age, are registered with us (to the extent required), and whose use or access has not been previously restricted, suspended, or terminated by us. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Donation Planet and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Site. Access to the Site and services from territories where the Site or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations.
Any and all visitors to our Site, whether registered or not, shall be deemed a “User” or “Users” of the herein contained services provided for the purpose of this TOS. Once an individual registers for our services, through the process of creating an account, the User shall then be considered a “Member.” Organizations or individuals who have registered as fundraisers through the process of creating a fundraiser account, whether individually or on behalf of a group or organization, shall then be considered “Fundraisers.” Accordingly, all Fundraisers and Members are necessarily Users, while all Users are not necessarily Members or Fundraisers.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised TOS means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
DESCRIPTION OF SITE SERVICES
The services offered through this Site include, but are not limited to, the receiving, management, and distribution of donations for fundraising campaigns. The Site also provides services such as the monitoring, analyzing, and promotion of charitable activities and nonprofit causes and events around the world. Donation Planet does not specifically choose or endorse any particular Fundraiser. Donation Planet provides a platform allowing Fundraisers to connect with donors and donors with Fundraisers. Donation Planet does not solicit on behalf of any individual, entity, or organization. Donation Planet does collect fees in exchange for offering its services, as explained herein.
Users acknowledge and agree that the services provided and made available through our Site and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Donation Planet. At its discretion, Donation Planet may offer additional Site services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Donation Planet does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end User and/or Member, acknowledge, accept and agree that Donation Planet shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.
Furthermore, as Users understand, acknowledge, and agree that the services offered shall be provided “AS IS” and as such Donation Planet shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User content, communication or personalization settings.
It is Donation Planet’s priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Site platform services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, the User is thereby granting permission for his/her child or children to access the various services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the services and/or content provided are age-appropriate for his/her child.
You hereby acknowledge that by using the Site to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the Terms of Service, you are acknowledging that the use of this service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the U.S. Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a Member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- b) agree not to transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;
- c) agree not to use our Site network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
As a User of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Donation Planet services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Donation Planet.
Furthermore, you herein agree not to make use of Donation Planet’s services for the purpose of:
- a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- b) causing harm to minors in any manner whatsoever;
- c) impersonating any individual or entity, including, but not limited to, any Donation Planet officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users’ ability to participate in any real time interactions;
- j) interfering with or disrupting any Donation Planet services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by any Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, the DAX, FTSE, NIKKEI, N225, HANG SANG, etc. and any regulations having the force of law;
- l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the U.S. Immigration Nationality Act;
- m) “stalking” or with the intent to otherwise harass another individual; and/or
- n) collecting or storing of any personal data relating to any other Member or User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Donation Planet herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, Users and/or Members.
Donation Planet herein reserves the right to access, preserve and/or disclose Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- a) compliance with any legal process;
- b) enforcement of the TOS;
- c) responding to any claim that therein contained content is in violation of the rights of any third party;
- d) responding to requests for customer service; or
- e) protecting the rights, property or the personal safety of Donation Planet or the Site, its visitors, Users and Members, including the general public.
Donation Planet herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Donation Planet or any other content providers supplying content services to Donation Planet. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.
CONTRIBUTIONS TO SITE
Donation Planet provides an area for our Users and Members to contribute feedback to our Site. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our Site, you acknowledge and agree that:
- a) your contributions do not contain any type of confidential or proprietary information;
- b) Donation Planet shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions;
- c) Donation Planet shall be entitled to make use of and/or disclose any such contributions in any such manner as they may see fit;
- d) the contributor’s contributions shall automatically become the sole property of Donation Planet; and
- e) Donation Planet is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
COMMERCIAL REUSE OF SERVICES
Other than as otherwise set forth herein, Users agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Site.
Donation Planet shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Donation Planet shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Site.
Either Donation Planet or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Donation Planet shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these TOS and comply with them.
If you choose, or are provided with, a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your User name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these TOS.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Donation Planet, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Donation Planet name and all related names, logos, product and service names, designs and slogans are trademarks of Donation Planet or its affiliates or licensors. You are not permitted to use such marks without the prior written permission of Donation Planet. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners used through license, or permission otherwise granted, to Donation Planet.
Donation Planet has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software. Furthermore, you do herein agree not to alter or change the software in any manner, nature or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Donation Planet for use in accessing our services.
You may use the Site only for lawful purposes and in accordance with these TOS. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Donation Planet or Users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF THE SITE AND RELATED SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. DONATION PLANET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- b) DONATION PLANET AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (i) SITE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SITE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR VIRUS-FREE; (iii) THAT RESULTS OR DATA WHICH MAY BE OBTAINED FROM THE USE OF THE SITE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF THE SITE OR ITS RELATED SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE SITE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DONATION PLANET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR SERVICE;
- b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
All Users herein agree to insure and hold Donation Planet, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a User of our Site may submit, post, modify, transmit or otherwise make available through our services, the use of Donation Planet services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “let the investor beware” is appropriate. The Site’s content is provided primarily for informational purposes, and no content that shall be provided or included in our services is intended for trading or investing purposes. Donation Planet and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Donation Planet may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Donation Planet will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Donation Planet may disable and/or terminate the accounts of any User who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- c) A description of the location of the content within the Site which you allege has been infringing upon your work;
- d) The physical address, telephone number, and email address;
- e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Donation Planet agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Donation Planet, Inc.
Attn: Copyright Agent
1100 5th Ave S
Naples, FL 34102
BE IT KNOWN, that Donation Planet complies with all applicable U.S. Federal Communications Commission rules and regulations.
This TOS constitutes the entire agreement between you and Donation Planet and shall govern the use of our services, superseding any prior version of this TOS between you and us with respect to Donation Planet services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Donation Planet services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
It is at the mutual agreement of both you and Donation Planet with regard to the TOS that the relationship between the parties shall be governed by the rules of the International Center for Settlement of Investment Disputes (ICSID), located in Washington, D.C., without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Donation Planet, shall be filed with the ICSID. You and Donation Planet agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
At any time, should Donation Planet fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship Non-Transferability
You acknowledge, understand and agree that your account is non-transferable by you to a third party and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of the TOS to Donation Planet as follows:
Donation Planet, Inc.
Attn: Legal Division
1100 5th Ave S
Naples, FL 34102
United States of America
ADDITIONAL TERMS APPLICABLE TO MEMBERS AND FUNDRAISERS
To register and become a Member or Fundraiser of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Donation Planet’s services under the laws and statutes of all applicable jurisdictions. You may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind and otherwise act on behalf of that entity or organization. Additional proof in this regard may be required by Donation Planet at its sole discretion. Furthermore, the registering party hereby acknowledges, understands and agrees to:
- a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Donation Planet will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the agreement, and as such refuse any and all current or future use of Donation Planet services, or any portion thereof.
MEMBER/FUNDRAISER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your Username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Donation Planet immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Donation Planet shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Donation Planet may set up any such practices and/or limits regarding the use of our services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Donation Planet, or the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Donation Planet’s servers on the Member’s behalf, and/or the maximum number of times and/or duration that any Member may access our services in a given period of time. In addition, you also agree that Donation Planet has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Donation Planet shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Donation Planet’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on the Site. It is your agreement to this TOS which establishes your consent to allow Donation Planet to store any and all communications on its servers.
As a Member of the Site, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to email@example.com.
As a Member, you agree that Donation Planet may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- b) by way of requests from law enforcement or any other governmental agencies;
- c) the discontinuance, alteration and/or material modification to our services, or any part thereof;
- d) unexpected technical or security issues and/or problems;
- e) any extended periods of inactivity;
- f) any engagement by you in any fraudulent or illegal activities; and/or
- g) the nonpayment of any associated fees that may be owed by you in connection with your Donation Planet account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with Donation Planet shall include any and/or all of the following:
- a) the removal of any access to all or part of the services offered within the Site;
- b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- c) the barring of any further use of all or part of our services.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Donation Planet shall not claim ownership of any content submitted by any Member or Fundraiser or make such content available for inclusion on our Site services. Therefore, you hereby grant and allow for Donation Planet the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- a) The content submitted or made available for inclusion on the Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available in perpetuaty and is not contingent upon you are a Member of the Site, and shall not terminate at such time when you elect to discontinue your Membership.
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available in perpetuaty and is not contingent upon you are a Member of the Site and shall not terminate at such time when you elect to discontinue your Membership.
- c) For any other content submitted or made available for inclusion, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.
All donations are at the donor’s own risk. Please make sure that when you donate, you understand how your money will be used. Donation Planet does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds.
By donating money through the Site, 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: (i) all donations are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through Donation Planet and / or its third party payment processing providers; (iii) all donations are FINAL AND NON-REFUNDABLE.
Donation Planet Trust, Inc. that collects contributions from donors and distributes such contributions to 501(c)3 organizations in good standing with the IRS as recommended by the donor. All donations made through Donation Planet’s payment processing system go directly from the donor to a secured escrow account. Processing, administrative and service fees will be deducted and proceeds then will be disbursed to the Charity or Fundraiser as described below. In order to comply with federal tax laws and Internal Revenue Service regulations, Donation Planet exercises exclusive legal control over the donations it receives, and retains the exclusive authority and discretion to re-grant the funds to other charitable organizations as it sees fit. While it is highly unlikely, it is possible that you may recommend a charity that is not in good standing with the IRS or a state regulatory agency, or otherwise does not meet Donation Planet’s criteria. In that event, Donation Planet reserves the right, in its sole discretion, to select an alternate Charity to receive your donation, or to ask you to recommend an alternate charity. When Donation Planet processes a donation, the donation will be forwarded to the charity of your choice, but Donation Planet will appear on your credit card or bank statement.
Donation Planet uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use
Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA)
available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at
https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you
have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions
regarding the CEA or the PSA, please contact Braintree at 877.434.2894.”
Donation Planet makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. Donation Planet will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any Donation Planet user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
Transaction Fees on Donations. When a donation is made through Donation Planet, a transaction fee is deducted from it. These fees are set forth here on our pricing schedule. Donors also have the option of electing to pay a processing fee in addition to a donation. Processing fees paid by donors help Donation Planet offer lower pricing to fundraisers by covering Donation Planet’s and Fundraisers’ costs. All Processing Fees are not tax deductible and will show up on your credit card statement under the name Donation Planet.
Chargebacks and Refunds. Occasionally, a donor or event registrant may dispute a credit card charge for a donation through the Donation Planet site.
If donations are refunded to the donor, Donation Planet will deduct the chargebacks or refunds from payments to the Fundraiser, and if necessary, issue an invoice to the applicable Fundraiser and the Fundraiser expressly agrees that it will be responsible to pay the full amount of the refunded donation plus fees. All issues concerning chargebacks and refunds will be addressed by the applicable payment processor and not Donation Planet.
ADDITIONAL TERMS APPLICABLE TO FUNDRAISERS
Any individual, entity or organization that registers as a member and raises funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers.
LEGITIMACY OF CAUSE AND AUTHORITY
By raising funds through the services, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose (please be aware that you cannot designate a charity and specify or direct how that charity may use funds raised). Additionally, if you are raising funds for a nonprofit organization through the site, you agree that you will comply with all applicable state solicitation laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; and (ii) has authorized you to raise money on its behalf through the site.
If you are raising funds for another purpose, as may be permitted under these terms, you represent and warrant that you can meet all user eligibility requirements for the services and have a social security number or an EIN and a U.S. bank account.
A Fundraiser may create and post an account to share information about the Fundraiser and elicit financial donations by following the procedures and rules:
Create a Fundraiser account profile page and post a “Funding Request.” You may be required to provide payment information depending on how donations are made.
Designate the legal entity or person receiving the donations (the “Beneficiary“) and ensure the Beneficiary sets up an account with the designated independent payment processor (the “Processor“) to receive donations. You may designate yourself as the Beneficiary.
ACCOUNT TERM AND TERMINATION
Once a Fundraiser establishes an account, that account will renew automatically unless the Fundraiser provides at least thirty (30) days’ written notice that they do not wish to renew their account subscription. By signing up for an account, the Fundraiser agrees that the account will be subject to all applicable fees unless and until the account is terminated according to the procedures and terms set forth herein. All fees are non-refundable for the then-current subscription period. Fundraiser hereby authorizes us to charge the account and billing method on file for all applicable fees under the subscription account.
By establishing a Fundraiser account, Fundraiser grants to Donation Planet a license to use all marks, images, and content associated with the Fundraiser, its presence on the Site, and any other use associated with the promotion, by Donation Planet or Fundraiser, of Fundraiser’s presence and activity on the Site and use of the Donation Planet services. Likewise, Donation Planet grants Fundraiser, upon the establishment of a Fundraiser account, the right to use the Donation Planet mark in the promotion of the Fundraiser’s Donation Planet account and in requests for donations.
All Fundraisers are responsible for payment of all applicable tax obligations.