EnglishTerms and Conditions
EFFECTIVE DATE: February 8, 2022
ACCEPTANCE OF TERMS/TERMS OF SERVICE
These Terms of Service govern your use of the GivingX website, mobile applications, and other GivingX products and services (collectively referred to as the "Platform" in the following paragraphs). By accessing or otherwise using Platform, you agree to be governed by and comply with these Terms of Service ("Terms of Service"), our Privacy Statement, and all applicable laws, rules, and regulations. This Agreement may be updated at any time by posting a revised version on our Platform, without previous notification to you. As a user of the Site and Services, you acknowledge and agree that you are responsible for regularly checking the terms of this User Agreement. Your continued access to or use of Platform following the effective date of the revised Agreement constitutes your acceptance of the revised Agreement. If you are unsatisfied with any term or condition of this Agreement, any rules, or any future revisions, or if you are dissatisfied with GivingX in any manner, your sole recourse is to immediately cease using GivingX and terminate your account.
Between GivingX and you, this Agreement is the parties' complete and comprehensive understanding with respect to your use of this Platform, the content and software shown on the Platform, Mobile Applications, and linkages to our Services. Due to the Agreement's nature, it replaces any earlier agreements, offers, and or understandings between you and GivingX, including, but not limited to, previous versions of the Agreement. Failure by GivingX to execute or enforce any right or provision of the Agreement shall not be interpreted as a waiver of such right or provision. Even if a court of competent jurisdiction rules that any provision of the Agreement is invalid, the parties agree that the court should make every reasonable effort to give effect to the parties' intentions as expressed in that provision, and that the remaining provisions of the Agreement will remain in full force and effect. According to the Agreement, regardless of any statute or law to the contrary, you agree that you must file any claim or cause of action arising out of or relating to your use of Platform or this Agreement within 60 days of the date such claim or cause of action arose, or the claim or cause of action will be permanently barred.
Introduction
These Terms and Conditions may be modified only by a GivingX Inc executive with the authority to do so.
These Terms and Conditions will be binding on the parties, their successors, and permitted assigns, and will insure to the benefit of them.
GivingX Platform accepts payments via third-party payment processors. GivingX is not a bank chartered in the United States or anywhere else. All funds not included in a fee paid to GivingX Inc are distributed directly to third-party payment solutions. GivingX will not be liable or responsible for any funds or tax obligations associated with funds paid to third-party payment solutions.
Supporters and Campaign Owners agree not to sue GivingX in connection with any litigation arising out of their use of the Platform. GivingX is a registered trademark of GivingX Inc. GivingX will not be liable for any loss or damage resulting from a breach of this agreement's terms.
Communication
GivingX will send Users electronic communications informing them of a variety of events that affect the state of their funds. You agree to allow GivingX to send these communications to the email address, SMS, in-app notification, or any other communication channel associated with your GivingX account. Additionally, you agree that GivingX is not liable for any user-generated content included in these communications.
You acknowledge and agree that you are personally liable for any communications you send to potential Supporters in order to promote your Campaign. These communications may include, but are not limited to, emails, SMS, in-app notification, or any other communication channel associated with your GivingX account sent via the GivingX Platform and communications sent via a third-party system.
GivingX Platform Accounts
GivingX reserves the right, at our discretion, to delete Campaign Owner campaigns.
As a User or a Supporter, you are entirely responsible for the content you post. By registering as a Campaign Owner or Supporter, you agree to refrain from the following:
Using sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site.
Make any illegal use of your GivingX account.
Provide incomplete and inaccurate information.
Attempt to circumvent or bypass GivingX's designated method of payment.
GivingX reserves the right, but is not obligated, to remove any content or block any individual or entity for any reason.
GivingX is under no obligation to refund any previously paid amounts.
GivingX does not and cannot review all content submitted to the GivingX Platform. By accessing the GivingX Platform, you agree to safeguard yourself against offensive or harmful content that may have been posted on the Platform by another user.
By visiting the GivingX Platform, you agree to protect your equipment (computer, etc.) from any harm that may result from your visit.
As a GivingX user, the online donation page you create will be visible to everyone on the internet, including search engines like Google and Yahoo. There are no GivingX donation pages that are private or hidden. Your activity is publicly accessible.
GivingX requires that all Campaign Owners create an account by completing all required fields on the Site's appropriate registration pages. As part of the registration process, you agree to provide:
truthful, current, complete, and accurate information about yourself; and
maintain the accuracy of this information.
You are solely responsible for the confidentiality of your password, username, and any and all uses of your Campaign Account, regardless of whether such uses were authorized by you. You are not permitted to share your account with anyone. You agree not to use another person's account, username, or password. You are not permitted to share your password with anyone else. Your registration information must be complete and accurate. You agree to immediately notify GivingX if you discover that your User account has been used without your authorization or if you discover any other breach of the security of your User account. Additionally, you agree to provide us with any additional information we reasonably request and to respond truthfully and completely to any questions we may ask to verify your identity.
Definitions
In this Agreement the following phrases are defined as:
Service: GivingX Platform, the Platform, services, and its functions.
Campaign Owners: Those using the GivingX Platform to raise funds.
Campaigns: The fundraising campaigns.
Users: Campaign Owners, Supporters, and other visitors to Platform.
Supporters: An individual or entity that contributes to a fund or posts a comment to a fund.
Contributions: Funds contributed by a Supporter to Campaign Owners.
GivingX is a venue/what we do
GivingX is a fundraising/crowdfunding platform that enables individuals and non-profit organizations to raise funds for their own campaigns and to contribute to the campaigns of others. Medical expenses, tuition assistance, adoption fundraising, and legal expenses are all examples of campaign causes and projects. Each Campaign Owner who registers an active account receives a personal fundraising profile page on which they can share their fundraising description, upload photos and videos, and accept credit card, Apple Pay, Google Pay, ACH, crypto, PayPal, and other types of payments. Each Campaign enables Supporters to contribute money toward the Campaign Owner's specified goal. As well, GivingX has a directory of charities, schools, and churches across the globe which have their own fundraiser page. The Platform is used at the User's own risk.
Eligibility to use Platform
If you are under the age of 18 or the age of majority in your jurisdiction, whichever is greater, you are not eligible to use the Platform without consent. If you are between the ages of 13 and 17, you may use Platform with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian agrees to be bound by this Agreement and accepts responsibility for your Platform use. By accessing or accepting the GivingX Platform or this Agreement, You represent and warrant to GivingX that you have reached the age of majority in your jurisdiction, or that you are using this service under the supervision of your parent or legal guardian who has, and that You or your Parent or legal guardian have the right, authority, and capacity to agree to and abide by these Terms. Additionally, you represent and warrant to GivingX that your use of the GivingX Platform will comply with all applicable laws and regulations. You are ineligible to use Platform if you have been suspended from using Platform in the past for any reason and we have not expressly authorized you to resume using Platform. We reserve the right to deny anyone access to the Platform and to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason.
A Message To Regulatory Agencies/Government Officials
We do not engage in solicitation activities; such activities are initiated by our users. If your agency has concerns that our users are violating a law, please contact us immediately at security@GivingX.com and we will work to resolve your concern.
Tax and legal representations
As a condition of using our service, you represent to us that:
You will use the funds obtained through the methods on our Platform solely for the purposes described in the materials you post; and
You will comply with all applicable local, state, and federal laws that apply to you when you solicit funds, including but not limited to the laws governing your marketing and solicitation for your project. Nothing in the Terms or Platform should be construed as legal advice. If you have any concerns about your legal rights or obligations, you should consult an attorney.
PROHIBITED ACTIVITIES/PROHIBITED CAMPAIGNS
You may not use the GivingX Platform for activities that violate any law, statute, ordinance or regulation related to:
narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
drug paraphernalia,
items that encourage, promote, facilitate or instruct others to engage in illegal activity,
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
items that are considered obscene,
items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
certain sexually oriented materials or services, or
ammunition, firearms, or certain firearm parts or accessories, or
certain weapons or knives, or
harming human or animal life.
show the personal information of third parties in violation of applicable law,
support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
are for the sale of certain items before the seller has control or possession of the item,
are by payment processors to collect payments on behalf of merchants,
are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or
provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
tobacco products, or
prescription drugs and devices
You may not use the GivingX Platform or services for activities that violate any law, statute, ordinance or regulation related to: involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from GivingX and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Campaign Owners are not permitted to create a Campaign for the purpose of raising funds for illegal activities, causing bodily harm or property damage, or defrauding others. If you are aware that your Campaign is claiming to accomplish the impossible or is simply untrue, DO NOT post it. You are responsible for adhering to all applicable laws and regulations when conducting your Campaign.
PERKS
Our goal is to provide Campaign Owners with as many options as possible when it comes to creating incentives for Supporters to donate to Campaigns. Unfortunately, at the moment, Campaign Owners are not permitted to offer or provide any perks.
COMMUNITY GUIDELINES
The GivingX Platform is not an environment conducive to hatred, abuse, disrespect, profanity, meanness, harassment, or spam. Use the Platform in no way to promote violence, degradation, subjugation, discrimination, or hatred against individuals or groups on the basis of race, ethnic origin, religion, disability, gender, age, or veteran status; post sexually explicit images or videos or link to sites that contain sexually explicit material or depict people or animals being harmed or degraded; spam the comments sections or other Users with offers of goods or services or inappropriate messages; engage in any illegal activity.
For such activities, and for any other reason, or no reason at all, we reserve the right to remove Campaigns and terminate User accounts.
OUR LICENSE TO YOU/RIGHTS AND LICENSES
Transferring Ownership Rights to GivingX. GivingX and its licensors own all right, title, and interest in and to GivingX's Products and Services, including all worldwide intellectual property rights therein, as well as all such rights in and to all derivative works or enhancements of, in and to, or relating to, the GivingX Products and Services. You will not acquire any intellectual property or similar rights in the GivingX Products and Services by entering into this Agreement or participating, except for a limited right to use the Products and Services for Your personal benefit. You agree NOT to:
Remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices included in or accompanying the GivingX Products and services; or
use GivingX's name, logo, trademark, trade names, or service marks except as expressly permitted in this Agreement.
Your Right to Ownership. Subject to the licenses granted in this Agreement, You retain all right, title, and interest in and to Your Content that You submit, post, or display on or through the GivingX Platform, including without limitation all worldwide intellectual property rights. By posting or providing Content, You grant GivingX an irrevocable, perpetual, worldwide, non-exclusive right and license to use, display, distribute, copy, share, modify, and create derivative works of Your content without additional compensation or payment. Except as expressly provided herein, GivingX shall not acquire any right, title, or interest in or to such Content. Any rights that You do not expressly grant herein are deemed to be retained by You. You represent and warrant that your User Content and our use of it will not infringe the intellectual property rights, proprietary rights, privacy rights, confidentiality, or rights of publicity of any third party or otherwise violate these Terms or applicable law.
You agree that without the prior review and written approval of GivingX, You will not create or distribute information, including but not limited to advertisements, press releases, or other marketing materials, or include links to any sites that offer such information, (i) containing or implying an endorsement by GivingX of You or Your Content; or (ii) relating to this Agreement. Regardless of the foregoing, You have the right to accurately disclose and describe Your Participation and Content (for example, describing and promoting Your Content on Your blog, social media sites, or in emails).
You acknowledge that all fundraising campaigns, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the GivingX Platform are the sole responsibility of the individual who originated such Content. More precisely, you are entirely responsible for each piece of Content ("Item") that you upload, email, text, or otherwise make available via the Platform. As described in greater detail in ("Termination"), You have the right to terminate this Agreement and revoke certain licenses granted in this Agreement with respect to Content You provide. If You choose to revoke any of Your revocable licenses in writing, GivingX will make commercially reasonable efforts to remove Your Content from the GivingX Site within a reasonable period of time after receiving Your written notice of revocation. You acknowledge that GivingX has limited practical ability to control or monitor potential infringements of Your intellectual property rights by third parties and that GivingX accepts no responsibility for such control or monitoring. Additionally, GivingX is not liable for enforcing Your intellectual property rights or for suing or otherwise resolving infringers. You are responsible for protecting Your intellectual property rights, or those of a third party licensor, as applicable.
Granting You GivingX's Trademark License. During the term of this Agreement, and subject to Your compliance with its terms and conditions, You will have the right to use the trade names, trademarks, logos, and designations contained in or associated with GivingX solely for the purpose of identifying GivingX and in connection with the activities permitted by this Agreement. You agree that the GivingX Marks and all associated goodwill are and will remain the exclusive property of GivingX, that any goodwill generated by Your licensed use of GivingX Marks belongs exclusively to GivingX and benefits GivingX, and that Your use of GivingX Marks is subject to GivingX's quality control of any products or services to which You may be authorized.
We grant you a non-exclusive, revocable, limited license to use the Platform, subject to your eligibility and continued compliance with these Terms.
UNSOLICITED IDEA SUBMISSIONS
As part of our open innovation culture, we are always interested in hearing from our user community and welcome any comments or suggestions for improving our products and services. To avoid future misunderstandings when GivingX employees develop new products, services, or features that are similar to or even identical to a submission received by GivingX, the following GivingX policy applies to all third-party submissions of ideas, comments, suggestions, proposals, or materials to GivingX:
All submissions shall be considered non-confidential and non-proprietary;
we will have no contractual or other obligation with respect to the submission (including, without limitation, confidentiality);
we will not be liable for any use or disclosure of any submission; and
GivingX shall be entitled to use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
COPYRIGHT INFRINGEMENT/DMCA NOTICE AND COMPLAINT OF INTELLECTUAL PROPERTY INFRINGEMENT
We value the intellectual property rights of others and expect visitors to the Site to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact GivingX, which has been designated as a copyright agent pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), at legal@GivingX.com or: Copyright Agent:
GivingX Inc
ATTN: GX Copyright Agent
16192 Coastal Hwy.
Lewes, DE 19958
You are requested to give our Agent the following information:
You must provide the following information in your Notice:
Identify the material on GivingX Platform that you claim is infringing, with enough detail so that we may locate it on the Platform;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(1) A statement by you declaring under penalty of perjury that
(2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
In the event that the DMCA complaint is correctly drafted, we shall act promptly to remove the complained-about item and request a response from the individual who posted it. Please keep in mind that issuing a fraudulent DMCA notice is not only a criminal offense, but it also gives the victim of the notice the right to file a lawsuit against you.
The contents of the GivingX Platform, as well as the contents of all other Web sites under GivingX's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, sounds, video, software, and other GivingX content, are protected under both domestic and international copyright, trademark, and other laws, including those governing the United States and other countries. Each and every piece of GivingX Content is the intellectual property of GivingX Inc., or one of its content providers or clients. Making a compilation (which includes gathering, arranging, and assembling) of all content on the GivingX Platform is the exclusive property of GivingX, which is protected by United States and international copyright, trademark, and other intellectual property laws. In some cases, unauthorized use of the GivingX Platform Content may be in violation of applicable laws, and such usage is strictly forbidden. This Agreement restricts your ability to use the Platform, including its information and resources, to the reasons specified in this Agreement. Unless otherwise stated herein, you may reproduce such content for your own personal, noncommercial use only or as otherwise permitted herein, provided that you do not alter or delete any copyright, trademark, or other proprietary notice.
CONTRIBUTORS/SUPPORTERS
As a Supporter of a GivingX Platform online campaign page, you can choose to make your donation publicly visible to all, including search engines like Google and Yahoo. To conceal your Contribution from other visitors and search engines, including your name, comment, and/or Facebook photo, simply check the 'Anonymous' checkbox during the donation process.
As a Supporter, you are solely responsible for inquiring about and thoroughly investigating Campaigns prior to making a Contribution. All contributions are made voluntarily and entirely at your own risk and discretion. GivingX makes no guarantees regarding the use of Contributions or the Campaign's success. GivingX makes no representations or warranties regarding the quality, safety, morality, or legality of any Campaign or Contribution, or the truth or accuracy of any content posted on the Platform. You are solely responsible for determining the tax treatment of your Contribution.
Additionally, Supporters and Campaign owners agree that if funds donated by a Supporter to a campaign are not requested for transfer to the Campaign owner's account or refunded within one year of donation, those funds will be available for disbursement by GivingX Inc. to any campaign of their choice. As a Supporter, by agreeing to the terms and conditions of donating, you agree to the creation of a GivingX user account for the purpose of receiving donation receipts and tracking any giving conducted through the GivingX platform.
TRANSACTIONS BETWEEN PARTIES
GivingX is a crowdfunding platform and custom fundraising platform for supporters, organizations, and campaign owners. If a Campaign or Organization is found to be in violation of this Agreement, or if GivingX wishes to for any reason, GivingX reserves the right to suspend or terminate the Campaign Owner's account or campaign(s). GivingX makes no guarantee that funds will be used for any particular purpose and is not liable for the Campaign Owner's or intended beneficiary's misuse of funds. Furthermore, contributions made through the GivingX Platform are non-refundable. Following a contribution, all subsequent interactions are solely between Supporters and the Campaign Owner or intended beneficiary.
DISPUTES BETWEEN CAMPAIGN OWNERS AND SUPPORTERS
GivingX may act as a liaison between Supporters and Campaign Owners, but is not obligated to become involved in disputes between Campaign Owners and Contributors, or between Users and any third party. In the event of a dispute, such as an alleged failure by a Campaign Owner to comply with the Terms or an alleged failure to complete a Campaign, we may provide the Supporter with the Campaign Owner's contact information in order for the two parties to resolve their disagreement. GivingX also reserves the right to terminate a Campaign Owner's account if the Campaign Owner is found to be in violation of the terms of this Agreement (s). GivingX makes no guarantee that funds will be used for any particular purpose and is not liable for the Campaign Owner's or intended beneficiary's misuse of funds. Furthermore, contributions made through GivingX are non-refundable. All subsequent transactions are solely between the Supporter and the Campaign Owner or the intended beneficiary.
FEES AND PAYMENTS
GivingX does not charge any mandatory fees! We are a FREE service!! We do provide an opportunity for the Supporter and Campaign Owners to tip GivingX, allowing us to continue providing our free service. Setting up an account on Platform is free. We do not charge fees to Supporters, or to the Campaign Owners. By using Platform you agree to our fees listed here http://GivingX/pricing-fees. Changes to fees are effective after we post notice of the changes on Platform. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of Platform. Any fundraiser on our platform is responsible for paying for withdrawal fees. Withdrawal fees vary based on country. Contributions are usually made via credit card. We are not responsible for the performance of any 3rd party credit card processing services.
Users are also agreeing to one of the following fees based on the user's selection during the sign-up process. Only one (1) of the fees described below will be applied per GivingX campaign – not a combination thereof:
US and Canada Users ONLY: A fee of 2.9% AND $0.30 per transaction. UK Users ONLY: A fee of 2.4% AND 20p per transaction. International Users ONLY: A charge 2.9% AND $0.30 per transaction. All fees are deducted from each transaction automatically so you're never billed for anything.
GivingX is not the same company as our payment processors and their fees and commissions are subject to change without notice from us.
Payment processing services for Campaign Owners on GivingX Platform are provided by a variety of payment processing companies and are subject to their own Connected Account Agreement, which includes their Terms of Service). By agreeing to this agreement / these terms or continuing to operate as a Campaign Owner on GivingX, you agree to be bound by their terms of service, as the same may be modified by them from time to time. As a condition of GivingX enabling payment processing services through our third party payment processors, you agree to provide GivingX accurate and complete information about you and your business, and you authorize GivingX to share it and transaction information related to your use of the payment processing services.
REFUNDS
GivingX makes no guarantees regarding any aspect our third party payment processor's decision to transact donations between the campaign creator and the Supporter. Additionally, GivingX does not guarantee full receipt of the pledged amount because it does not control the financial transaction. GivingX is the only party that can initiate refunds, and it is at their own discretion to do so. GivingX is not responsible for refunding any funds collected by the Campaign Owner through the use of GivingX Platform or by any other means. If monies are refunded by the Campaign Owners in error no monies will be returned until after a period of 45 days. Contributions, along with our fees and charges, are not refundable.
CHARGE BACKS
If GivingX should receive notification from its third party payment processor(s) of an unauthorized payment/Chargeback made to Campaign Owners, the Campaign Owner will be obliged to immediately (upon notification by GivingX) return the disputed funds until the investigation is completed. Any fees associated with chargebacks by Supporters will be charged to the Campaign Owner. GivingX reserves the right to cancel, suspend or disable a campaign for any reason at any time.
TAXES
Your taxing authorities may classify funds you raise on GivingX as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
THIRD-PARTY PlatformS, ADVERTISERS OR SERVICES/NON AFFILIATED CONTENT, SITES, AND SERVICES
The GivingX Platform Platform and Content available through Platform may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GivingX, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. GivingX and certain other GivingX Sites contain links to social media sites, including but not limited to authentication modules and fundraising modules. These links are provided solely as a convenience to You and not as an endorsement by GivingX of the content on such social media sites. GivingX is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with GivingX is at your own risk.
You agree that GivingX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party sites or vendors. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GivingX is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GivingX, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Payment Processing
If you are a Campaign Owner that uses our third party payment processing or a Supporter that uses our third party payment processing, you agree to comply with their Acceptable Use Policy.
PROHIBITED USE OF PAYMENT PROCESSORS
GivingX utilizes third party payment mechanisms for the processing of contributions. For such payment processors You may not use those services for activities that:
violate any law, statute, ordinance or regulation;
relate to sales of
narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
drug paraphernalia
items that encourage, promote, facilitate or instruct others to engage in illegal activity,
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
items that are considered obscene,
items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
certain sexually oriented materials or services, or
ammunition, firearms, or certain firearm parts or accessories, or
certain weapons or knives regulated under applicable law;
relate to transactions that
show the personal information of third parties in violation of applicable law,
support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
are for the sale of certain items before the seller has control or possession of the item,
are by payment processors to collect payments on behalf of merchants,
are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
provide certain credit repair or debt settlement services;
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
violate applicable laws or industry regulations regarding the sale of
tobacco products, or
prescription drugs and devices
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the payment processor and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
SERVICE
GivingX offers various parts of Platform in RSS format so that users can embed individual feeds into a personal Platform or blog, or view postings through third party software news aggregators. GivingX permits you to display, excerpt from, and link to the RSS feeds on your personal Platform or personal web blog, provided that
your use of the GivingX RSS feed is in conformity with this Agreement,
each title is correctly linked back to the original post on Platform and redirects the user to the post when the user clicks on it,
you provide, adjacent to the RSS feed, proper attribution to GivingX' as the source,
your use or display does not suggest that GivingX promotes or endorses any third party causes, ideas, web sites, products or services,
you do not redistribute the RSS feed, and
you do not redistribute the RSS feed, and (f) your use does not overburden GivingX’s systems. GivingX reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of Platform beyond the scope of authorized access granted to you by GivingX immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of Platform or any Content made available via Platform for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GivingX.
GivingX Platform SERVICE LIMITATIONS
You acknowledge that GivingX may establish limits concerning use of Platform, including the maximum number of days that Content will be retained by Platform, the maximum number and size of postings, email messages, or other Content that maybe transmitted or stored by Platform, and the frequency with which you may access Platform. You agree that GivingX has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Platform. You acknowledge that GivingX reserves the right at any time to modify or discontinue Platform (or any part thereof) with or without notice, and that GivingX shall not be liable to you or to any third party for any modification, suspension or discontinuance of Platform.
ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GivingX without restriction or consent.
TERMINATION
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on Platform, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree that GivingX, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Platform (or any part thereof), immediately and without notice, and remove and discard any Content within Platform, for any reason, including, without limitation, if GivingX believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that GivingX shall not be liable to you or any third-party for any termination of your access to Platform. Further, you agree not to attempt to use Platform after said termination.
PRIVACY POLICY
A copy of the GivingX Privacy policy is available here.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
We encourage you to report violations of this Agreement to GivingX immediately. If you have a question about whether a type of transaction may violate this Agreement, you can email GivingX’s Compliance Department at:https://www.givingx.com/
DISCLAIMER OF WARRANTIES/NO WARRANTY/DISCLAIMER
GivingX has no fiduciary duty to you. Platform IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT USE OF THE GivingX SITE AND Platform IS ENTIRELY AT YOUR OWN RISK. GivingX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GivingX SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GivingX SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GivingX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GivingX SITE OR Platform. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
LIMITATION OF LIABILITY
GivingX (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO GivingX FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GivingX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
GOVERNING LAW/FORUM OF DISPUTE
These Terms and Conditions and our provision of services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of Delaware, without regard to its conflict of law provisions. You and GivingX agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sussex County, Delaware You agree that: (i) Platform shall be deemed solely based in Delaware (where we have our headquarters); and (ii) Platform shall be deemed a passive one that does not give rise to personal jurisdiction over GivingX, either specific or general, in jurisdictions other than Delaware. Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of Delaware.
If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.
You and GivingX each agree that any and all disputes or claims that have arisen or may arise between you and GivingX relating in any way to or arising out of this or previous versions of the Terms or your use of or access to Platform shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent:
GivingX Inc
ATTN: GX Copyright Agent
16192 Coastal Hwy.
Lewes, DE 19958
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the Delmar and County of Sussex, Delaware. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
WAIVER AND RELEASE
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
LIQUIDATED DAMAGES
Please report any violations of the Agreement, by flagging the posting(s) for review, or by emailing to: Compliance@GivingX Platform. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for GivingX to pursue legal action to enforce the Agreement, you will be liable to pay GivingX the following amounts as liquidated damages, which you accept as reasonable estimates of GivingX’s damages for the specified breaches of the Agreement: If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay GivingX one thousand dollars ($1,000) for each such message, plus attorneys fees and costs. If you post Content in violation of the Agreement, other than as described above, you agree to pay GivingX one hundred dollars ($100) for each Item of Content posted, plus attorneys fees and costs. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Agreement without GivingX’s express written permission, you agree to pay GivingX three thousand dollars ($3,000), plus attorneys fees and costs, for each day on which you engage in such conduct. Otherwise, you agree to pay GivingX’s actual damages plus attorneys fees and costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Agreement, GivingX retains the right to seek the remedy of specific performance of any term contained in the Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof. In its sole discretion, GivingX may elect to issue a warning before assessing damages.
LOCAL STANDARDS
We do not represent that materials on the GivingX site are appropriate for use in all locations. Persons who choose to access the GivingX site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER
Campaign Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Campaign Owners to connect with Supporters. Those who access or use Platform do so at their own volition and are entirely responsible for compliance with applicable law.
INDEMNIFICATION
You agree to indemnify and hold GivingX, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through Platform, your use of Platform, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING STATEMENT
GivingX is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). GivingX’s policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using GivingX’s services.
Our third party payment processor has robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC (Office of Foreign Asset Control) requirements, and global sanctions, they screen customer accounts against government watch lists. In addition, they may request that our users provide them with documentation to help prove their identity or for business verification purposes. They will report suspicious transactions to the financial intelligence unit in the respective country.
COOPERATION WITH AUTHORITIES AND POLICE ENFORCEMENT
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of Platform when requested.
NOTIFICATION PROCEDURES
You agree GivingX may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our Platform. You may opt out of certain means of notification or to receive certain notifications.
SUBPOENAS
All subpoenas must be properly served on GivingX, preferably by mailing the subpoena to GivingX Inc, our Delaware registered agent. Please find below the Delaware address for GivingX Inc:
GivingX Inc
ATTN: GX Copyright Agent
16192 Coastal Hwy.
Lewes, DE 19958
If you have a subpoena to serve on GivingX Inc, please note that GivingX does not accept service via e-mail or fax and will not respond to the subpoena.
SEVERABILITY/ENTIRE AGREEMENT
These Terms are the entire agreement between you and GivingX regarding its subject matter. In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, GivingX Inc, shall have the sole right to elect which provision remains in force. GivingX’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CHANGES TO THIS AGREEMENT
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our service. You must visit this page each time you come to our Platform and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
ENGLISH LANGUAGE
In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
CONTACT US
If you have any questions about these Terms, the practices of this site, or your dealings with this Platform or complaints, please contact us at support@givingX Platform or at address: Attention or Subject Line: Terms of Use/Legal Department.
GivingX Inc
ATTN: GX Copyright Agent
16192 Coastal Hwy.
Lewes, DE 19958