Terms of Use Agreement
Welcome to MicroGiving, a social networking service that connects you with the charitable individuals from around the world. The MicroGiving service and community (collectively “MicroGiving” or “the Service”) are operated by MicroGiving, Inc. By accessing or using the MicroGiving web site at www.microgiving.com (“The Site”), you (the “User” or “Member”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use Agreement”), whether or not you are a registered member of MicroGiving. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your Continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms if Use. If you do not agree to abide by these or any further Terms of Use, do not use or access (or continue to access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of use and to review such changes.
IMPORTANT: PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTON CLAUSE THAT GOVERNS HOW DISPTES WILL BE RESOLVED.
Description of Services
This Site is owned and operated by Micro Giving Inc., a Florida Corporation with a principal place of business at 639 east Ocean Ave. suite 302, Boynton Beach, Florida, 33435 USA. Our Site provides Donor and Recipient accounts with the ability to create a personal profile.; Provides Donors with the ability to donate to Recipients through the MicroGiving (www.mirogiving.com) Website; Provides messaging capabilities between Donors and Recipients (“Messaging”); and provides the ability for all Users to submit comments (“User Comments”). You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided “AS IS”.
Terms Applying to Donors
Donor Accounts
You are a Donor if you have registered on the Site to make donations. All donations on the site are processed through your “Donor Account.” This means that funds charged to your credit card will be contributed to the MicroGiving account and you will be given virtual money that will reflect in your member "Current Balance". MicroGiving may or may not distribute your donation to the Recipient(s) of your choice. MicroGiving has exclusive legal control over the donation once you have made the transaction from PayPal into the MicroGiving account. Recipients are not online-verified by MicroGiving to ensure compliance with MicroGiving, but in the event that a Recipient is found ineligible to receive donations, MicroGiving may return the funds to your donor Account or distribute the donation on as we see fit.
Your credit card transaction is processed through a third party payment portal, PayPal (http://www.paypal.com). Your credit card transactions are subject to the policies and terms defined by PayPal, and we assume no responsibility for such transactions.
Funding of your Donor Account is irrevocable
You will receive an email confirmation with all the information you need for your records. You are responsible for preparation and filing of your federal and state taxes, and if you have questions or concerns, should contact a qualified tax professional. We will not provide you with tax-related advice.
Recipients have not been online-screened, so we make no representations or warranties relating to the Recipients, do not endorse the Recipients, nor do we assume any liability for the Recipients. Although the Recipients represent their intended cause, we have no control or responsibility over how your Donations will be used by the Recipient(s).
If your Donor Account maintains an unused positive balance for a period of five (5) years, MicroGiving will, at its sole discretion, with or without advice from you, Donate all of such balance to Recipients of its choice.
Terms donating to Recipients
Application Process
To become a Recipient through us, you must register/sign up (found on the Site). Your registration will be reviewed by us, and if accepted, you will receive a confirmation email with information on how to access your account. You must provide a minimum level of information to be approved. However, we reserve the right to deny your application for any or no reason at our sole discretion.
You represent and warrant that all information you provide to us in connection with your application is true, accurate and complete. You agree to immediately advise us of any change in facts or circumstances which may affect your status.
Requests
Once you have been approved as a Recipient, you may then establish one active request at a time for Donations through the Site (such advertisement is called a “Requests”). You are responsible for preparing and posting the content of your request. Requests for consultation should be directed to us at (support@microgiving.com).
All request content not provided or created by us is your responsibility, and subject to the terms and conditions herein relating to Submissions. We reserve the right at our sole discretion to remove any request which we suspect may be in violation with these Terms of Service. You hereby consent to such removal and waive any claim against us arising out of such removal.
Payment of Fees
You will not be charged a fee for each request through the Site (“Request”). Requests are subject to revision at any time. MicroGiving reserves the right to suspend or terminate your Recipient account and remove your Request and/or related information from our Site. You hereby consent to such removal and waive any claim against us arising out of such removal.
Donations Through Paypal
You recognize and agree that Donations are made at the sole discretion of MicroGiving. PayPal is a third party beyond our control, and thus we are not responsible for any of PayPal’s actions. Furthermore, PayPal has exclusive legal control of all Funds until received in the MicroGiving account.
PAYMENT METHOD
All funds are paid soley through PayPal. We do not send checks or money orders if you are not able to accept payment through PayPal. At the time of joining please make sure that you either have a PayPal account in good standing or are able to create a PayPal account. We cannot be held responsible if you sign up for the program without first having checked to make sure you can be paid donations through PayPal.
Communications with Donors
Upon registration with MicroGiving, we ask Donor to never share his or her contact information with recipients or to have communication outside the MicroGiving.com website. You understand and represent that all subsequent communications between Donor and You are your responsibility, and we assume no liability therefor. You agree that you will not contact any User of the Site who has not consented outsite the MicroGiving.com website. In addition, we ask that you never use the MicroGiving.com communication features to request Donors View your profile or make a donation/contribution to your cause.
Indemnification
You agree to indemnify and hold MicroGiving, its parents, subsidiaries, affiliates, officers and employees harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your Request, (b) any other information displayed or posted by you on the Site, (c) any communications between you and Donors relating to the Site or your Requests, (d) any activities arising out of use of your account, or (e) infringement by your Request or other of your content, of any intellectual property or any other right of any person or entity. MicroGiving reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MicroGiving in asserting any available defenses. This indemnification is meant to act in addition to the Indemnification set forth above under Terms Applying to All Users.
Registration Data, Passwords, and Privacy
Terms: In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) agree maintain and promptly update the Registration Data, and any other information you provide to MicroGiving, to keep it accurate, current and complete.
Password: When you register and become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify MicroGiving immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible any and all use of your account.
Conduct on site
You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including but not limited to Ads and associated photos, graphics, videos, or descriptions; forms of electronic communication such as Messaging; Comments; and communications via Site registration and other forms (collectively, “Submissions”).
You agree that you will not upload, share, or otherwise distribute any Submissions-- including text, graphics, images, sounds, data, music, or other information -- that:
1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
7. contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We retain the right to, but do not regularly pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
Furthermore, Comments that are submitted to the Site may be rejected or removed at any time by us, or by the Donors or Recipients that are the subject of the Comment, at the sole discretion of the person or entity removing the comment. You recognize and agree that you have no right, and we have no obligation, to display your Comments on the Site.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please notify us at: support@microgiving.com. Make sure to include both the Uniform Resource Locator (“personal URL”) for the non-complying content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against MicroGiving arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement of any fees or donations if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will without hesitation investigate any and all violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Use of the MicroGiving members Forum
Your forum account is linked to your member account, and you must have an active MicroGiving account that is in good standing to post on our forums. If you are suspended or banned from the community, you will not be able to post in the forum. If you are suspended from the forums, your MicroGiving account will be reviewed and you may be banned from the forum. You agree that we may at any time, and at our sole discretion, terminate your MicroGiving member account and MicroGiving forum account without prior notice to you and without reimbursement of any fees or donations if we suspect a violation any of these Terms of Service.
1. Requests may not be posted or discussed in the forums
In order to provide optimum forum performance for our users, the posting of requests or pleas for help are strictly prohibited in the forum. Do not post your requests in the forum, discuss your request, or ask for help regarding your request in the forums. Requests are created and attached to your members profile and are not to be posted or discussed in the forums. Do not discuss requests in the forum.
2. Do not post ‘thank you’ letters or comments in the forums
Thank you's for donations received go to the Donor's profile or to the donor in a PM* Do not discuss or even talk about thanking others for their donations.
3. ONE ACCOUNT PER MEMBER HOUSEHOLD
MicroGiving reserves the right to limit participation to one account per household or one account per family. You, and members of your household, may only sign up once and maintain one Membership in the Service. MicroGiving.com reserves the right to terminate duplicate accounts, resulting in the potential loss of accumulated donations.
4. Be respectful of others at all times.
The purpose of the forum is to provide a platform for the exchange of ideas. Occasionally, there will be conflicts that arise when people voice opinions. Be courteous when disagreeing with others. It is possible to disagree without being insulting. No SHOUTING. Remember, using ALL CAPITAL LETTERS in posts is considered yelling and rude, plus it is difficult to read.
5. Redundant threads will be deleted.
As a courtesy to others before beginning a new thread, please look to see if an active thread on that topic has already been established. If so, place your comments there instead. Multiple threads on the same subject clutter up the forum needlessly and many good ideas may be lost. Keep discussions about one topic to one thread only.
6. Impersonating another forum user...
Moderator, volunteer, administrator or MicroGiving employee is strictly prohibited.
You are expressly forbidden from impersonating anyone else, including those named above, on the forum or in the community. This may be grounds for permanent loss of your MicroGiving account.
7. Do not post about bugs and exploits.
Bugs and exploits should be reported through the proper method by filing a report for our Quality Assurance team. You can find the form here. Issues discovered while participating in the MicroGiving community should be reported in a timely manner. Discussions about unverified problems in the community can cause unnecessary panic in the community. When there is an issue the community needs to be aware of, we will make an official statement about it.
8. No posting of personal information.
Please respect the privacy of other MicroGiving members and do not give out information such as phone numbers and addresses, and do not ask for personal information from others. Modify your member profile in the Control Panel (VIEW IMAGE) at the top right corner of the forum to set privacy settings for your account. Use of full names (your first and last name) is allowed but strongly discouraged. This is to protect your security and identity.
9. Immediate banning from the forum can result from any of the following:
The posting of inappropriate, requests for help, discriminatory remarks which are wrongfully explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive; excessive obscene or vulgar language; posts which discuss or illustrate illegal activity; providing links to sites that contain any of the aforementioned.
10. Post constructively.
Negative feedback can be very useful, provided that it is presented in a civil, factual manner. Tell us what you don't like and why and how you feel it could be improved. Posts that are insulting and rude will be deleted, no matter how valid the ideas behind them may be.
11. "Newbie" bashing will not be tolerated
New forum members are encouraged to use, but not restricted to, the Newcomer's Forum. The Newcomer's Forum is specifically designed to provide a platform for those who are new to the MicroGiving community to ask questions and learn more about the community. Regular forum users are encouraged to be helpful and courteous in their responses. All flames will be automatically deleted and the poster may be automatically suspended or permanently barred from future forum use and possibly use of the Site. The answers to many new members' questions may be found in the MicroGiving Help Center and we encourage our members to seek information there before posing questions on the boards.
12. Trolling is prohibited.
Trolling is the word used to describe a post that is deliberately designed for the purpose of angering and insulting the members of the MicroGiving community. Posts of this nature are disruptive and do not convey a friendly attitude. All Users who exhibit signs of trolling will be automatically suspended or permanently barred from the MicroGiving service.
13. Ranting is prohibited.
A rant is a post which is long-winded, redundant and filled with angry, non-constructive comments. A free exchange of ideas is essential to building a strong sense of community and helpful in the development of thoughts and ideas, but rants are disruptive and incite flaming and trolling. Please post your thoughts in a concise, clear manner and avoid going off on rambling tangents.
14. Personal attacks are prohibited.
Commonly known as flaming, personal attacks are posts which are designed to personally berate or insult another. Text of this nature is not beneficial to the community spirit and will not be tolerated. All members are cautioned to avoid allowing a minor dispute become a personal attack.
15. Private communication...
Between Michelle, The MG Team members, moderators and administrators of the forum and the forum users is not to be made public on these forums or by any other venue. You are not permitted to publicize any private correspondence received from any of the aforementioned.
16. Warnings and bans are not to be discussed on the forum.
Such matters shall remain private between the administrator and the member. Questions or comments concerning warnings and bans will be conveyed through e-mail or private messaging. Likewise, discussions regarding moderator actions are not permitted on the forum. If you have questions regarding a post or thread, please contact michelle@microgiving.com
17. Disputes which cannot be resolved between forum users and moderators...
may be arbitrated by the forum administrators.
To discuss problems or concerns, please send an e-mail to: michelle@microgiving.com
18. Do not disrespect moderators.
Be respectful in both the forums and any private communications with moderators. Moderators are volunteers that donate many, many hours of their own time to help in the forums and chat rooms. Violations of this rule will not be tolerated.
19. No posts of lengthy articles.
Sharing information is allowed, but the forums are not to be used to publish articles. It is an improper use of critical forum resources. Use your journal for updates, and long stories that you wish to share with the community.
20. No duplicate posts.
To delete accidental duplicate posts, open the message you want to delete, then select the Delete Post button.
21. No irrelevant or off-topic posts.
Posts which are not relevant to the forum topic may be deleted at the moderator's discretion.
22. No lengthy signatures.
Limit signatures to 10 lines or less. Moderators will edit and/or remove signatures that are too long.
23. Check for open topics.
Before posting a new topic, please check to see if there is already a topic open on the subject.
24. Ignore bothersome members.
If there is someone on the forum that bothers you, ignore them, do not respond or engage with them.
25. Report posts that violate the rules.
Report by copy + Paste topic into a MicroGiving Private message to Michelle or the forum moderators. We will act on the report as quickly as we can. Do not reply to the offending post as that typically only encourages the poster.
Third Party Sites and Information
Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party Sites, services, or products.
Eligibility
Membership in the service is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Use of the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 years of age or older, and agree to and abide by all the terms and conditions of this Agreement. MicroGiving reserves the rights to reject or remove your account without warning if we believe you are in violation of these Terms of Use.
Non-commercial use by Members: The MicroGiving Service is for personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically approved by MicroGiving. Illegal and/or unauthorized use of the Service, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is strictly prohibited.
Intellectual Property
MicroGiving’s Intellectual Property Rights. MicroGiving is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
MicroGiving’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by MicroGiving, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits MicroGiving.
Others’ Intellectual Property Rights. MicroGiving deeply respects the third party intellectual property rights that may be implicated by Users of the Site. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In making Submissions (as defined above) to the Site, you will be able to use your own text, as well as upload your own image content such as photos, graphics, or video segments (“Image Content”). The Submissions may have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Submissions.
Submissions may be protected by copyright, even if not marked with the © symbol. If you are not the creator of all or part of the content of your Submissions, then you should get permission from the creator of the content or the copyright holder to use the content in your Submission. Furthermore, if you want to submit Image Content of someone other than yourself, you should get permission from the individuals portrayed in the Image Content before submitting or displaying it.
Do not upload or provide us with any Submissions that are confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site or shared with us or others through the Site.
You warrant that all Submissions uploaded or shared by you, either from your own computer or another website/server, are either created and owned by you, or you have the necessary licenses, rights and permissions to use the content in your Submissions.
You hereby grant to MicroGiving a royalty-free, worldwide, non-exclusive, transferable, sub-licensable, perpetual license to use, copy, create, display, perform, host, modify, and create derivative works of your Submissions, in whole or in part, as contemplated by the Site and these Terms of Service. All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), MicroGiving designates the following individual as its agent for receipt of notifications of claimed infringement:
By Mail:
Micro Giving, Inc.
Attn: DMCA Claims
639 East Ocean Ave.
Suites 302 & 303
Boynton Beach, Fl 33435 USA
By E-mail: contact@microgiving.com
To be effective the notification should include:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed;
2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material;
4. information sufficient to allow us to contact the complaining party;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
Copyright Policy
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the MicroGiving website any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
You acknowledge and agree that upon receipt and notice of a claim under this section, we may immediately remove the identified materials from our site without liability. The claims of the complaining party and party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site.
Disclaimer of Warranties
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
1. THE SERVICES WILL MEET YOUR REQUIREMENTS;
2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
4. THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE SHARING OR UPLOADING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Terms of Use: Date of Last Revision: 5/28/08 11:51 AM
