Giving Zone - Terms and Conditions: June 1, 2014

Giving Zone is eager to serve you, whether you're a fundraiser, donor, Non-profit or a broader member of the community.

The legal agreements set out below govern your use of the Giving Zone website and services (the "Service") found at www.givingzone.com and through our published tools and applications. By using the Service, whether as a fundraiser, donor, non-profit, or any other registrant (collectively, "Users"), you agree to the terms specified herein. Please read them carefully.

Responsibilities

  • All Users of the Service must be age 14 or older.
  • Your fundraising must support lawful activities.
  • The information you post must be truthful, complete and accurate.
  • Non-profits and Charities must be approved and registered with the Internal Revenue Service to qualify as a Non-profit on our Service.
  • You have ownership rights to any content, images, or videos which you post.

Representations

The funds you obtain through the Service will be used solely for the purposes described in the materials that you post.

Delivery of Funds

In order for funds to be delivered, the recipient must first establish an account with Giving Zone, specifying the bank account for fund delivery. This may also involve third-party processors such as PayPal, WePay, Amazon, Google Checkout, Balanced Payments, Stripe or Recurly. Funds cannot be delivered until the recipient has completed the process to ensure proper delivery.

Giving Zone will hold donated funds for 7 days.

During the fund holding period a request for a donation refund can be made. Please contact info@givingzone.com for this request. Once funds have transferred to the fundraiser the request can no longer be handled by Giving Zone.

Any funds raised are those of the fundraiser. The goal does not have to be reached for the fundraiser to withdraw funds.

Fees

Giving Zone charges a fee of 5% exclusive of payment processing fees such as those charged by credit card companies. The 5% fee is deducted from each transaction with the net amount being delivered to the recipient. The current credit card fee is 2.9% plus $.30 per transaction. Giving Zone is not a chartered banking entity.

There are no fees associated with the first withdrawal of funds. Subsequent withdrawals will be assessed and additional $1 fee.

Any promotions that Giving Zone may run that reduces fees will be available to all qualified projects. These promotions may not be automatically applied to your project and are subject to end at any time for any reason.

There are no monthly fees associated with Giving Zone. If the goal of a project is not met there is no increase of fees.

Publicly Available Information

Information provided using the Service is publicly and broadly available on the internet. Although donors may opt to make their contributions anonymously, all other activity must be considered public and searchable.

Recipient Qualifications

The designated recipient of funds must be either a Non-profit charitable organization as recognized by the IRS or an individual. Political contributions are not allowed.

Donations

Donations are "gifts" with no strings attached. When the recipient is a Non-profit organization, donors acknowledge that they have not received any kind of remuneration or benefit in exchange for their gift.

Lawful purpose

Your activities related to the Service must be lawful.

You agree by becoming a User that you will not use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site.

Prohibited Activities

You may not use the Service for activities that violate any law, statute, ordinance or regulation.

This Service may not be used for political fund raising.

Giving Zone, at its sole discretion, may remove any content or block any individual or entity for any reason.

Rights to Content

Our Service may allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.

At times Giving Zone may choose to share the project with third parties including all content uploaded to the site associated with the project. The User grants Giving Zone the license to create derivative works of project content for the purpose of sharing the projects story and/or marketing the services Giving Zone provides. This is not respective to if the project is currently active and receiving funds.

Using our Service does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Service. Don't remove, obscure, or alter any legal notices displayed in or along with our Service.

Our Service may display some content that is not Giving Zone's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so please don't assume that we do.

Privacy Protection

Communication

In connection with your use of the Service, we may send you confirmation of registration or donations, updates, and other helpful reminders and tips. Fundraisers may also initiate communication to their donors. You may opt out of some of those communications.

Non-Profit Tax Receipts (applies only to donations made to an IRS-recognized non-profit organization)

Tax receipts are the responsibility of the Non-profit recipient. Giving Zone's privacy statement explains how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Giving Zone does not provide receipts for tax purposes.

Non-profit organizations acknowledge the 5% processing fee charged by Giving Zone plus the associated credit card fees and will provide a receipt to the donor reflecting the original donation. For example, if a $100 donation is given, Giving Zone will deliver $95 minus the credit card fees to the Non-profit. A tax receipt reflecting the $100 donation should is the responsibility of the receiving Non-profit organization.

Trademarks

"Giving Zone" and corresponding ribbon logo are service marks of Giving Zone, Inc.

Disclaimer of Warranties

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Service.

Giving Zone does not guarantee that a project will meet its fundraising goals.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Giving Zone's privacy statement explains how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Giving Zone NOR ITS PARTNERS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, Giving Zone, AND Giving Zone'S PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF JOIN THE GIVING, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE FEES YOU PAID TO US TO USE THE SERVICE.

IN ALL CASES, Giving Zone, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnification

You agree to indemnify, defend and hold harmless Giving Zone and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that your actions using the Service (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by you in connection with your status as a nonprofit entity.

About these Terms

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Colorado, U.S.A., will apply to any disputes arising out of or relating to these terms or the Service. All claims arising out of or relating to these terms or the Service will be litigated exclusively in the federal or state courts of Douglas County, Colorado, USA, and you and Giving Zone consent to personal jurisdiction in those courts.

You are independently responsible for complying with all applicable laws in all of your actions related to your use of our Service, regardless of the purpose of the use.

Donors and Users agree not to involve Giving Zone in any litigation that occurs due to using the website.

Fund Raisers and Giving Zone Users

Payment processing services for fund raisers on Giving Zone may be provided by Stripe and if provided by Stripe would be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a fundraiser on Giving Zone, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Giving Zone enabling payment processing services through Stripe, you agree to provide Giving Zone accurate and complete information about you and your business, and you authorize Giving Zone to share it and transaction information related to your use of the payment processing services provided by Stripe.