Welcome to Givful! We are passionately connecting people who care and want to make the world a better place. We appreciate your interest in making an impact.
This Agreement may be modified by Givful in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Givful on the Services (as indicated by the posted update date). Your participation in and use of the Services will be subject to any such modifications. You should review this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Givful account, if any, as outlined in Section 9 below, and please immediately stop participating in, accessing and using the Services.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
This Agreement is divided into the following sections:
- Participation in the Services
- Acceptable Use
- Proprietary Rights
- Limitation of Liability
- Disputes with Non-profits
- Governing Law; Resolution of Disputes; Arbitration and Waivers
- Term; Termination
- Entire Agreement; Severability
1. Participation in the Services
Givful manages the Site, which matches you and other persons (each, a "Donor" and, collectively, "Donors") with charitable organizations which desire to benefit from the online programs of Givful in the U.S. and abroad (each, a "Non-profit" and, collectively, "Non-profits"), including those in need of contributions.
Contribution Disbursement. Your contributions through the Services (“Contributions”) will be distributed to the Non-profit or Non-profits of your choice, but you understand that your contributions are specifically made to Make My Donation, a tax-exempt IRS 501(c)(3) charitable organization. To comply with federal tax laws and Internal Revenue Service regulations, Make My Donation has exclusive legal control over such contributions. These contributions are complete and final and are not refundable. Make My Donation makes every reasonable effort to honor donor advisements. In the rare event that the charity you advise does not satisfy Make My Donation’s eligibility criteria or otherwise does not enable or accept payment, Givful with contact you to request an alternate charity. If you do not respond within 30 days, then Make My Donation will select an alternate charity that meets high public standards and whose mission is similar to the organization originally selected, to receive your advised funds. Make My Donation will aggregate your contributions with other contributions before those contributions are distributed to qualified Non-profits. You further understand that contributions are transferred at intervals determined by Make My Donation consistent with applicable law. Contributions to support Non-profits or causes outside the United States may require a different philanthropic funding structure. Contributions directed in support of charitable programs or causes outside of the United States will be processed and distributed through a 3rd party partner, which operates a platform similar to Givful. Make My Donation will distribute contributions to support U.S. based Non-profits, which conduct activities or support causes outside the United States, directly to those U.S. based Non-profits.
Tax Deductibility. You understand that Givful is a limited liability company and all donations made through the platform to U.S. based Non-profits are made to our donation processing partner Make My Donation, a 501c3 nonprofit organization. Make My Donation will distribute, at its discretion, donations to the U.S. based Non-profits organizations suggested or directed by donors to the Site. Make My Donation, as an organization, has received tax exemption described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time (“Charity” or “Charities”). Non-U.S. donors may use the platform, but acknowledge that they will be re-directed to a 3rd Party Partner for contributions to non-U.S. based Non-profit organizations, as set forth in section 1.2, herein. The 3rd Party Partner shall provide donation acknowledgments on behalf of Non-U.S. based Non-profit organizations, where the organization has opted to have their receipting executed through such partner. In addition, the 3rd Party Partner shall be responsible for distributing funds to the Non-U.S. based Non-profit organizations. However, in the case of employee-matching requests to Non-U.S. based Non-profit organizations, the employer match donations may be made using Givful. Make My Donation does not provide tax acknowledgment of contributions to non-U.S. based Non-profit organizations. Contributions to Make My Donation through the platform, which are directed to participating U.S. based charitable organizations, including U.S. based charitable organizations that are part of “funds,” are deductible as charitable contributions to the fullest extent of the law. However, the amount of a donor's tax deduction may be subject to certain limitations under U.S. income tax laws. You understand that you are solely responsible for determining the proper tax treatment for any contribution you make through the Services. Givful has not and will not provide any tax or legal advice to you in connection with any contribution you might make. This Agreement does not attempt to define the tax implications of participating in the Services. If you participate in the Services, you should consult with your own accountants, tax advisors and legal advisors.
Contribution Records. Records of each contribution you make are kept by Givful and, if you have a registered account with Givful, will be made available to you through our Site. Givful will issue acknowledgments of contributions to U.S. based Non-profits received through the site in accordance with Internal Revenue Regulations. By donating through the site, each Donor authorizes Givful to share his/her/its name, basic contact information, designation information, if provided, and the amount of the donation with distributee charitable/Non-profit organizations participating in the platform, and donation distribution partners.
Insufficient Donor Funds. In the event that you make a contribution and your payment does not clear (e.g., an eCheck does not validly deliver to Make My Donation the full amount of the intended contribution, or your payment provider reverses a payment originally intended for Make My Donation), you agree that Make My Donation may, in its sole discretion, (i) offset the amount of the insufficiently funded contribution against your Make My Donation Credit or (ii) withdraw and cancel your insufficiently-funded contribution from your account as not paid in full.
Automatic Contributions Feature; Auto-Donation of Funds. Without in any way limiting the earlier provisions of this Section 1, Givful may implement Service features pursuant to which a User may – in lieu of manually accessing his or her registered account to specify a Contribution or Contributions to make – establish account settings to automatically make Contributions based on the User's prior instructions and without further direct input from the User, based on User-selected preferences and other business factors and parameters as may be determined by Givful in its sole discretion. To the extent a User chooses to activate the automatic contribution feature on the User's registered account, and depending on the particular preferences selected by the User, the automatic contribution feature will remain active until deactivated by either the User or Givful.
User Account Inactivity. Givful welcomes its Users' active participation in the Services. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not log in to his or her Givful account or the User has not made or setup any financial transactions in their Givful account. Should an account become inactive for a period of 24 or more consecutive months, Givful may elect to automatically terminate the inactive User account. Givful is not responsible for retaining records for terminated accounts.
2. Acceptable Use
Givful has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of or exploitations of the Services, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any other User, any Non-profit, any Company or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
Although Givful assumes no obligation to monitor the conduct of any User on or off the Services, it is a violation of this Agreement to use the Services, or any information obtained from the Services, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or engaging in misleading communications), (ii) prevent or exclude others, who are using the Services in compliance with this Agreement, from accessing, viewing or funding a particular organization, or (iii) contact, advertise to, solicit, or sell to any other User, Non-profit, Company, or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Givful reserves the right to remove content from the Services that violates acceptable use in Givful’ sole discretion and restrict the number of emails or messages that a User may send to others through the Site in any 24-hour or other period to a number that Givful deems appropriate, in Givful’ sole and absolute discretion.
Givful reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content or User Generated Content, and to restrict, suspend or terminate the participation of any User from the Services at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Givful’ opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
In consideration of your use of or participation in the Services, whether as a donor, employee, or company you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms in connection with the Services ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Givful, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity.
3. Proprietary Rights
Proprietary Rights. "Givful", the "Givful" logo and other Givful graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Givful, Inc., provided under license to Givful. ("Givful Marks"). Givful Marks may not be used in any manner not expressly authorized by Givful in writing. Including, without limitation, as part of trademarks or domain names, or in connection with any product or service in any manner that is likely to cause confusion. Givful Marks may not be copied, imitated, or used, in whole or in part, without prior written permission of Givful, Incorporated. Givful or its licensors, owns and retains all proprietary rights in the Services and all content, material and information posted, uploaded, transmitted or otherwise shared by Givful thereon (collectively, "Content"). The Services contain the copyrighted material, trademarks and other proprietary information of Givful and its licensors. You may display and make limited copies of the Content (other than the Givful Marks) for your personal, non-commercial use in connection with your participation in the Services (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Givful. In addition, to the extent you receive information from Givful, or organizations affiliated with Givful, and that information is later removed from the Site (including, without limitation, due to disassociation of Givful from a Non-profit or other organization), you may not further disclose or otherwise provide such information to another party in a way that allows identification of such Non-profit, except as legally required or as necessary to claim tax benefits. If you provide any feedback to Givful (collectively, "User Generated Content"), you agree to grant, and hereby grant, to Givful an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use the name, logo, mission statement, and similar intellectual property of your charitable organization or nonprofit on the site; (b) use, copy, perform, display and distribute the User Generated Content; (c) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (d) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Givful from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of licensed property or the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
To file a notice of infringing material on the Services, please provide a notification containing the following details:
- Reasonably sufficient details to enable Givful to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice, by mail, to:
5543 Edmondson Pike #5
Nashville, TN 37211
Attn: Copyright Agent
By Email: firstname.lastname@example.org
If material that you have posted to the Services has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Givful is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Send this notice to Givful using the contact information provided above in this Section.
The Services contain (or you may be sent through the Services) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Givful, and Givful is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Givful. If you decide to leave the Site and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern on a Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
4. Limitation of Liability
You understand that any and all decisions made by you with respect to the Services are yours alone. Givful cannot and does not verify the accuracy of information from other Users or Non-profits. Givful shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Services; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of receiving funds from Givful, making a contribution to Givful, directing a contribution to a distributee charitable organization, or as a result (directly or indirectly) of otherwise utilizing the Services or information received in connection with the Services. In addition, in no event will Givful be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of or participation in the Services, even if Givful has been advised of the possibility of such damages, costs, losses or expenses.
Givful is not responsible, and shall have no liability, for any incorrect or inaccurate content made available in connection with the Services or any liability, cost, or expense you may incur in connection with the Services, whether caused by any User, Company, Non-profit or other person or by any of the equipment or programming associated with or utilized in the Services. You also acknowledge and agree that charitable organization distributees and/or Non-profit distributees are not liable for content made available in connection with the Services. Givful is not responsible for the conduct, whether online or offline, of any User of the Services or any other person. With respect to the Services, Givful assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Givful be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of or participation in the Services, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Services or any interactions between any Users of the Services, whether online or offline. Givful does not represent, warrant, covenant, guarantee or promise any specific results from use of the Services.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND PARTICIPATION IN THE SERVICES.
Givful makes no representation or warranty, express or implied, with respect to any third party data provided to Givful or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Givful will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Givful or "force majeure" or any other cause beyond the control of Givful.
6. Disputes with Non-profits
Givful is not responsible for your interactions with any Non-profits or charitable organizations benefiting from participation in the site, nor for any disputes or damages that may result from such interactions.
Givful reserves the right, but has no obligation, to monitor disputes between you and such organizations.
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Tennessee, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Givful, including, without limitation, any dispute arising from or relating to the Services, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association, in Nashville, Tennessee. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Givful. Any award will be final, binding and conclusive upon the parties, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Givful may seek any injunctive relief in a state or federal court in Nashville, Tennessee, as may be necessary to preserve rights pending the completion of arbitration and Givful may seek any injunctive relief in a state or federal court in Nashville, Tennessee, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND Givful HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold Givful, its affiliates, their respective officers, directors, agents, employees, representatives and partners, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of or participation in the Services or arising from your breach of any term or condition of this Agreement.
9. Term; Termination
This Agreement will remain in full force and effect while you access, use or participate in the Services and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Services and registered account is terminated. From time to time, Givful may make features available to Users as part of the Services. Givful reserves the right, in its sole discretion, to include or cease providing such features at any time. Whether or not you are and remain eligible to participate in the Services, Givful may determine use of the Services in its sole and absolute discretion. You may terminate your participation in the Services and registered account at any time and for any reason by following the instructions for such termination provided by Givful. Givful may also terminate your participation in the Services and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Givful. If your participation in the Services and registered account is terminated by Givful, you agree not to access, use or participate in the Services. If you violate this Agreement or if your participation in the Services or registered account is terminated, Givful has the right to delete your profile and remove your User Generated Content.
10. Entire Agreement; Severability
This Agreement, accepted upon your access, use or participation in the Services and further affirmed by becoming a User or accepting a donation, contains the entire agreement between you and Givful regarding the use of the Services. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at email@example.com with any questions regarding this Agreement.