TERMS OF SERVICE AND CONDITIONS
Welcome to DonationSafe. These terms and conditions govern your access to and use of this website and various online tools and services that DonationSafe makes available to its clients, registrants and all others users of the DonationSafe’s service, collectively called Users of the DonationSafe service (the Service).
2. PAYMENTS; TAXES.
Donors will pay the online Donations by credit card to DonationSafe as your Agent. The fees deducted by from the online Donations pursuant to Section 1(b)(iii)(A) and (B) will be paid to DonationSafe at the time of the transaction. Payment to the designated Clients pursuant to Section 1(b)(iii) above will be made either (a) weekly via electronic funds transfer or monthly if payment is via check if the funds due to such participant exceed $99.99 or (b) no less frequently than quarterly if the funds due are less than $99.99. Payments will be sent on or about the 5th of the month following the end of the relevant payment period. These payment schedules are subject to change at any time at the sole discretion of DonationSafe. All Clients will be responsible for taxes based on its net income or gross receipts.
3. INFORMATION ON WEBSITE.
Any information; ideas or opinions posted by our Clients of the their website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
• Harass, defame, intimidate or threaten another user;
• Interfere with another user’s rights to privacy;
• Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
• Post any material that is obscene, offensive or indecent;
• Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
• Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
• Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
• Advertise or sell any goods or services.
5. PARTNER SERVICES
Our website may provide links to third-party websites or services and may link you automatically to sponsors’ or third party’s websites or services. We provide such links solely for the convenience of our Clients. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
6. PROPRIETARY RIGHTS
(a) Trademarked Material. You own all your Marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to DonationSafe a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing. DonationSafe obtains no other right, title or interest in Your Materials except as set forth herein.
(b) DonationSafe Material. DonationSafe and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by DonationSafe pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by DonationSafe pursuant hereto.
The names DonationSafe, DonationSafe.com, the DonationSafe logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not DonationSafe, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit DonationSafe. Other trademarks, service marks or logos that appear on the Site or anywhere in the DonationSafe service is rendered, in particular (but not exclusively) those of nonprofits registered with DonationSafe are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both DonationSafe and the trademark owner.
All content on this Site is owned by DonationSafe, the Clients registered with DonationSafe, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services’ content is permitted without the express prior permission of Donationsafe, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to email@example.com.
9. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
Use of this Service is at your sole risk. DonationSafe provides the tools, the Site, and the services on an “As Is”, “As Available” basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, DonationSafe expressly disclaims any and all such other warranties. DonationSafe makes no representation as to whether all or any portion of the online Donations are tax deductible. DonationSafe will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.
(a) Indemnity by DonationSafe. DonationSafe agrees to indemnify, defend and hold harmless You and (if applicable) Your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the DonationSafe Materials (i) violate or infringe the Intellectual Property Rights of such third party or (ii) violates any applicable law, rule or regulation.
(b) Your Indemnity. You agree to indemnify, defend and hold harmless DonationSafe 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 Materials or the use thereof by DonationSafe or Donors, (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.
(c) Procedures. A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.
(d) Remedies. This Section 11 states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.
11. LIMITATIONS ON LIABILITY
DonationSafe's liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to (i) the actual direct damages incurred by You, in an amount not to exceed the total revenue received by DonationSafe resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or (ii) your discontinuance of any further use of such items or the Service. DonationSafe shall not be liable for: (i) damages caused by Your failure to perform Your responsibilities; (ii) claims or demands of third parties (other than those third party claims covered by Section 10); or (iii) any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if DonationSafe has been advised of the possibility of such damages. The foregoing limitations shall not apply to: (i) the payment of settlements, costs, damages and legal fees referred to in Section 11; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, DonationSafe disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if DonationSafe has been advised of the possibility of such damages) arising out of (i) your use of the DonationSafe Site and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the services provided thereunder, and/or (iii) goods and services in any way associated with this Service and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.
12. FORCE MAJEURE.
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
13. TERM and TERMINATION
Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by DonationSafe or (ii) your ceasing to use the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14 and 17 shall survive any termination or expiration of these terms and conditions.
14. USER CONDUCT.
You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and DonationSafe tools and services.
These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws rules. Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. Except to the limited extent set forth in Section 1(b) above, neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Firstgiving's prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. No failure of Firstgiving to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
DonationSafe is a service utilized by many of your favorite non-profits, political groups and organizations to securely accept online contributions.