Givv.org Terms of Use

This document was created on February 14, 2009 and is currently in effect.

The following Terms of Use outline your obligations when using the Givv.org website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

ACCEPTANCE OF TERMS

The web pages available at Givv.org, and all linked pages ("Site" or "Givv.org"), are owned and operated by Everyone Givvs, Inc. ("Everyone Givvs"), a Texas non-profit corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. ACCEPTANCE OF EVERYONE GIVVS' TERMS OF USE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY EVERYONE GIVVS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. MODIFICATIONS OF TERMS OF USE

Everyone Givvs reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Everyone Givvs will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Everyone Givvs' sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Everyone Givvs may offer to provide certain services and content as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and content that Everyone Givvs performs for you or makes available to you, as well as the offering of any materials displayed, transmitted, or performed on the Site or through the Services (including, but not limited to, text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips, also known as the "Content"). Everyone Givvs may change, suspend, or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Everyone Givvs may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

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

As a condition to using Services, you are required to register with Givv.org and select a password and screen name ("Givv.org User ID"). You shall provide Givv.org with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Givv.org account. You may not (i) select or use as a Givv.org User ID a name of another person with the intent to impersonate that person; (ii) select or use as a Givv.org User ID a name subject to any rights of a person other than you without appropriate authorization; (iii) select or use as a Givv.org User ID a name subject to any rights of an institution, an organization, a business, or any other corporate entity without appropriate authorization; or (iv) select or use as a Givv.org User ID a name that is otherwise offensive, vulgar, or obscene. Everyone Givvs reserves the right to refuse registration of, or to cancel, a Givv.org User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Givv.org password.

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.

USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use or any other purpose not reasonably intended by Givv.org.

By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate, or intimidate other Givv.org users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive,
3. offensive, profane, or otherwise violates any law or right of any third party;
4. 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;
5. 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;
6. to create or submit unwanted email ("Spam") to any other Givv.org users or any URL (Uniform Resource Locator) or URI (Uniform Resource Identifier);
7. 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);
8. 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;
9. 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;
10. 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;
11. 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;
12. 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).

Everyone Givvs may remove any Content and Givv.org accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: [email protected]

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.

COPYRIGHT COMPLAINTS

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.

EVERYONE GIVVS PRIVACY POLICY

Everyone Givvs' current privacy policy is available at http://givv.org/privacy (the "Privacy Policy"), which is incorporated by this reference.

INDEMNITY

You will indemnify and hold harmless Everyone Givvs, its parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage, or cost (including reasonable attorney fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Givv.org User ID, of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS

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.

LINKS

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.

TERMINATION

Everyone Givvs may terminate or suspend any and all Services and your Givv.org account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Givv.org account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind Everyone Givvs in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Everyone Givvs shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Everyone Givvs' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable, or sublicensable by you except with Everyone Givvs' prior written consent. Everyone Givvs may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, as if made within Texas between two residents thereof, and the parties submit to the exclusive jurisdiction of the courts of Travis County and the United States District Court for the Western District of Texas. Notwithstanding the foregoing sentence (but without limiting Everyone Givvs' right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Austin, Texas using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

TRADEMARKS

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.