This document was created on February 14, 2009 and is currently in effect.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
On a monthly basis (last day of month), Givv.org deducts money from your linked PayPal account and distributes it to recipients you have specified in your givvlist, according to your instructions as evidenced by the contents of your givvlist. Everyone Givvs is not responsible if you mistakenly or otherwise add a recipient to your givvlist to which you do not want to give money. Everyone Givvs will make every effort to ensure that all donations are made accurately and in as timely a fashion as possible (subject to the restrictions on small payments detailed in the FAQ.)
Everyone Givvs is not affiliated with PayPal, Inc. Any disputes related to your PayPal account balance, fraudulent use of your PayPal account, or involuntary use of your PayPal account must be settled between you and PayPal, Inc. as Everyone Givvs has no control over the security or integrity of your PayPal account. Everyone Givvs will use its best efforts to ensure that your instructions are kept secure and will make attempts to detect and disable fraudulent use of Givv.org, but Everyone Givvs cannot guarantee that your PayPal account will not be compromised by unauthorized users. Protect your PayPal account.
ALL DONATIONS MADE TO GIVV.ORG THROUGH THE SITE ARE FINAL AND NON-REFUNDABLE. Because we make the donations on your behalf immediately upon receiving money from your account in most cases, we are not in a position to refund donations made through Givv.org. You may contact the individual recipients that were specified to receive your donation directly and attempt to reclaim your donation directly from them, but Everyone Givvs is not responsible nor does Everyone Givvs warrant that such a refund will be possible.
YOUR REGISTRATION OBLIGATIONS
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
- By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate, or intimidate other Givv.org users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive,
- offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Givv.org user;
- to create or submit unwanted email ("Spam") to any other Givv.org users or any URL (Uniform Resource Locator) or URI (Uniform Resource Identifier);
- to violate any laws in your jurisdiction nor any laws of any jurisdiction to which you are subject (including but not limited to copyright laws);
- to submit recipients who are not legitimate representatives of the organizations they purport to be (including phishers), to submit fraudulent recipients for the purposes of directing money and donations to anyone other than the stated recipient, or to submit any false or misleading information about any recipient including misspelled names, false logos, false URLs, false URIs, false email addresses, or otherwise misleading information;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, which shall be determined in our sole discretion; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the 'Givv count', recipient count, comments, or any other Givv.org service, including by way of creating separate user accounts for the purpose of artificially altering Givv.org's services; giving or receiving money or other remuneration in exchange for givvs; or participating in any other organized effort that in any way artificially alters the results of Givv.org's services;
- to advertise to, or to solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "GIVVING" TO ANY RECIPIENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, THROUGH PAYMENT OR OTHERWISE, ATTEMPT TO INFLUENCE ANY THIRD PARTY TO MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "GIVV" TO ANY RECIPIENT).
You are solely responsible for your interactions with other users of the Site. Everyone Givvs reserves the right, but has no obligation, to monitor disputes between you and other users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By submitting Content to Givv.org, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, which is available at http://creativecommons.org/licenses/publicdomain/, and that you will not object to the use of the Content by Everyone Givvs in any context. To clarify, the above does not apply to the Content on external sites linked to by the submitted Content, such as the Content located on the recipient's web site.
Everyone Givvs respects the intellectual property of others. It is Everyone Givvs' policy to respond expeditiously to claims of copyright and other intellectual property infringement. Everyone Givvs will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Everyone Givvs may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Everyone Givvs will terminate access for subscribers and account holders who are repeat infringers.
Notifying Everyone Givvs of Copyright Infringement: To provide Everyone Givvs notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Everyone Givvs with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Everyone Givvs with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.
You acknowledge that Everyone Givvs has no control over, and no duty to take any action, regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Everyone Givvs from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Everyone Givvs makes no representations concerning any content contained in or accessed through the Site or Services, and Everyone Givvs will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Everyone Givvs has no control over such sites and resources, you acknowledge and agree that Everyone Givvs is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Everyone Givvs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EVERYONE GIVVS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE, OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GIVV.ORG, I'LL GIVV, GIVVLIST, and other Givv.org graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Everyone Givvs, Inc. in the U.S. and/or other countries. Everyone Givvs' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Everyone Givvs icon pack may used by partner and third party sites in connection with providing appropriate "I'll Givv To This" and "View on Givv.org" links to the Givv.org site.