Effective Date April 1, 2020:
This page represents a legal document and is the Terms and Conditions (Agreement) for our Corporate Website and Web Application; hereinafter collectively referred to as “Website.”By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” d/b/a TRUE GIVEN, hereinafter called TRUE GIVEN, the owner of the Website. A “Member”, “Viewer” or “User” is someone using our Website. A “Cause” is a nonprofit organization or another form of organization or person having a social impact intent or mission.
All text, information, graphics, design, videos, and data offered through our Website and Services, whether produced by our viewers, Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”. We distinguish content posted by Website viewers as “Viewer Content”. We distinguish content posted by Causes as “Cause Content”.
Acceptance of Agreement
This Agreement is between you and TRUE GIVEN.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THIS PAGE AND DO NOT PROCEED FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and TRUE GIVEN and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to Website or Website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Springfield, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Springfield, Massachusetts necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Springfield, Massachusetts and will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Website Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Eligibility and Registration for Membership
To fully use our Website and Services you must register to become a Member. Your Membership is not transferable or assignable. A Viewer of a Member’s web page is not required to register to become a Member, however all Viewers and Members are subject to, and agree to, these Terms and Conditions. Our Website and Services are intended solely for Users who are at least sixteen (16) years of age or older. Any registration by, use of, or access to our Website by anyone under sixteen (16) years of age, is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are 16 years of age and older. TRUE GIVEN has the sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
TRUE GIVEN provides Simple, Enterprise Memberships.
Simple Membership is priced on our Website, and Members agree to be charged monthly for the price stated when registering for their membership and creating their campaign page. A Simple Membership can be canceled at any time. Refunds are not given for any prior or partial months. If a free trial period is being offered at the time of registration, the Member must cancel their Simple Membership before the end of the trial period to avoid any future charges. Simple Memberships are for individual smaller institutions.
Enterprise Memberships offer additional features, above and beyond the features of Simple Memberships, and are for the use of bigger institutions seeking multiple accounts pages for their employees. Enterprise Membership pricing is based on the needs of the client and expected use of our Services, including design services and bandwidth requirements.
A Given Page is a campaign page allows the Member to advertise through multiple social media channels. These pages showcase all the causes and Members. TRUE GIVEN does not make any promises or guarantees as to how many people will view a page, see a Member’s advertisement, or click on any particular advertisement.
TRUE GIVEN reserves the right to suspend accounts that are over 30 days past due of the payment due date, whether as a result of late payment or changes to the credit or debit card associated with a Member’s account. TRUE GIVEN reserves the right to suspend accounts of Members at our discretion, including any use that is deemed by us to be improper.
Given Page Viewing and Donations
TRUE GIVEN is not responsible for promoting campaign pages for our Members. Members promote their own pages through a variety of marketing and advertising activities. TRUE GIVEN is not responsible or liable for who views Member pages and votes for Causes. TRUE GIVEN is not responsible for any malicious attempts from Viewers or bot attacks to influence the voting of campaign pages.
Harassment by Other Members
If you believe that any Member of our Website is harassing you or is otherwise using personal or any other information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us.
TRUE GIVEN grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of TRUE GIVEN. Registered Members of our Website may use the TRUE GIVEN name and word logo to positively promote their membership in TRUE GIVEN and to positively share their campaign web pages. We reserve the right to terminate or restrict the use of our name, word logo, or other intellectual property at any time.
Our Content, as found within our Website and Services, is protected under the United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content where applicable and may update their Content at any time without notice and at their sole discretion. TRUE GIVEN is not responsible in any way for any Viewer Content, Member Content, or content posted by our cause partners that users may find offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Website or Services at any time.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We
are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
Causes Supported by Members
YOU UNDERSTAND THAT A TRUE GIVEN HAS NO OBLIGATION TO PERFORM BACKGROUND CHECKS OR ANY SCREENING PROCEDURES ON ANY OF OUR MEMBERS OR THE CAUSES LISTED ON OUR WEBSITE, WEB APPLICATIONS, AND MOBILE APPLICATIONS. WE DO NOT ENDORSE ANY SPECIFIC CHARITIES OR CAUSES. WE ARE NOT RESPONSIBLE IN ANY WAY HOW THE CAUSES USE FUNDS AND OTHER RESOURCES THAT ARE ALLOCATED TO THEM. WE ARE ONLY RESPONSIBLE FOR ENSURING THAT THE MEMBERS RECEIVE REPORTS ON HOW TO ALLOCATE THEIR PLEDGE TO THEIR CAUSES BASED ON HOW OUR SYSTEMS RECORD VOTES FROM CAMPAIGN VIEWERS. IT IS THE RESPONSIBILITY OF THE MEMBER TO DISTRIBUTE FUNDS AND OTHER RESOURCES TO THOSE CAUSES AT THE END OF THEIR CAMPAIGN.
YOU ALSO UNDERSTAND THAT FUNDS AND OTHER RESOURCES ASSOCIATED WITH CONTENT ON OUR WEBSITE HAVE NO MONETARY VALUE TO YOU OR ANY OTHER USER, AND ARE SOLELY ALLOCATED TO THE CAUSES BY THE MEMBER WHO PLEDGED TO SUPPORT THE CAUSES.
TRUE GIVEN is not responsible or liable in any manner for any content posted in our Website or in connection with our Services, whether posted or caused by Members of our Website, our Cause Partners, or by TRUE GIVEN Although we provide rules for conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. TRUE GIVEN is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. TRUE GIVEN 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 Member communications.
TRUE GIVEN is not responsible for any technical malfunction or other problems of any telephone network or service, bot attacks, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.
Under no circumstances will TRUE GIVEN be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
THE INFORMATION, CONTENT,AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS,OR OTHER LIMITATIONS.
TRUE GIVEN, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. TRUE GIVEN CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. TRUE GIVEN DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE,OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA,OR OTHER HARM OF ANY KIND THAT MAY RESULT. WEAND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRUE GIVEN.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
TRUE GIVEN as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the Content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL A TRUE GIVEN OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF TRUE GIVEN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, A TRUE GIVEN’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their content to our Website through our Services (Member Content). Members understand that by using our Website or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. TRUE GIVEN is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, TRUE GIVEN will submit all necessary information to relevant authorities. If any Member Content is reported to TRUE GIVEN as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by TRUE GIVEN. If the Member fails to meet such request, TRUE GIVEN has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member you agree not to use our Services to do any of the following:
1) Upload, post, or otherwise transmit any Member Content that:
a. Violates any local, state, federal, or international laws
b. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
d. Links directly or indirectly to any materials to which you do not have a right to link
e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Website or Services
g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes,or any other form of solicitation
h. In the sole judgment of TRUE GIVEN is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose TRUE GIVEN, our affiliates, or our Users to any harm or liability of any type
2) Use our Content to:
a. Develop a competing Website
b. Create compilations or derivative works as defined under United States copyright laws
c. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
3) Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Ownership, Copyrights and Licenses
You will retain the copyrights to content you post or upload to our Website. However, you agree to grant TRUE GIVEN a nonexclusive, irrevocable, royalty-free, worldwide license to use, edit, publicly display, advertise, reproduce and distribute such content for any purpose, including producing derivative works, or incorporating into other works. TRUE GIVEN will hold this license indefinitely. You also agree that you do not have any claim to any intellectual property or derivative work based on your content produced by TRUE GIVEN.
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. The inclusion of links to any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered Member. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Digital Millennium Copyright Act (DMCA) Notice
Our Website follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If you believe your copyrighted material is being infringed on our Website, please contact us immediately.
In order for us to respond, you must provide us notice in a form that substantively complies with the safe harbor provisions of the DMCA. Your notice of claimed infringement must be written and include ALL of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not provide a written notice that meets these elements, we will not honor your request and are not required by law to do so.
This Policy/Agreement is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited.