Description of Services
This Site is owned and operated by DonorCommunity Inc., a Florida Corporation with a principal place of business at 13630 NW 8th Street, Suite 205, Sunrise, FL 33325, 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
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" and are not refundable. 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 through Authorize.net into the MicroGiving account. Recipients are online-verified by MicroGiving to ensure compliance with MicroGiving policies, 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 onward as we see fit.
Your credit card transaction is processed through a third party payment processor (the "Processor"), Authorize.net (http://www.authorize.net). Your credit card transactions are subject to the policies and terms defined by the Processor, and we assume no responsibility for such transactions. MicroGiving is not liable or responsible for any errors or omissions caused by the Processor or failures on part of the Processor.
Funding of your Donor Account is irrevocable and non-refundable.
Donations made from your Donor Account are non-refundable by MicroGiving, are subject to our Fees for Service (see below), and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Recipient. You are solely responsible for determining the tax deductibility of any contribution. 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.
If your Donor Account maintains an unused positive balance for a period of two (2) years, MicroGiving will, at its sole discretion, with or without advice from you, Donate all of such balance to Recipients of its choice.
Terms of Donating to Recipients Donations made to Recipients are non-refundable by MicroGiving, are subject to our Fees for Service (see below), and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Recipient. You are solely responsible for determining the tax deductibility of any contribution. 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.
Credit Card Anti-Laundering Policy Only the authorized credit card holder may donate on the MicroGiving Website. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard or other card issuer usage agreements. MicroGiving may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the MicroGiving Website, for the authorized credit card holder to utilize in order to make a donation.
No Goods and Services in Exchange for Donations to Charitable Causes Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation. MicroGiving may only accept pure contributions and not part gift and part sale transactions.
Recipient and User Conduct and Content We retain the right to pre-screen, but we do not screen or monitor ALL submissions.
While we do our best to control unsuitable, offensive, phony or suspicious profiles -- we make no warranty relating to 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).
Recipients are responsible for all aspects of their Projects, including the fulfillment of Perks.
Member "Verified" Profiles
Occasionally, MicroGiving will grant "Verified Recipient" designation to Recipients who have furnished, in accordance with our policies, ample supporting documents to verify a need for financial assistance. Member Verified Recipients have provided, at the very least, the minimum required supporting documents outlined in the FAQ section of the MicroGiving site. Submission of supporting documents does not constitute MicroGiving's approval nor guarantee that MicroGiving will grant the "Verified Recipient" designation or approve your membership as a Recipient.
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 "Request"). You are responsible for preparing and posting the content of your request. Requests for consultation should be directed to us at email@example.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, including forfeiture of all undistributed funds.
Recipient Withdrawals and W9 Requirement Given the unique nature of peer-to-peer fundraising and the legal aspects related to such financial transactions, our personal identification requirements are designed reduce the risk of fraudulent activity, maximize the protection of all parties involved, and allow MicroGiving to comply with regulatory requirements. For individuals, in order to receive funds through MicroGiving we must have a signed IRS Form W-9 and a valid photo ID on file. You can download Form W-9 from the IRS website at http://www.irs.gov/pub/irs-pdf/fw9.pdf. Electronic signatures are not acceptable. Updating the photo on file is an annual requirement.
Only the following forms of photo identification are acceptable, and only one of these types needs to be submitted to MicroGiving:
Current (valid) official photo ID: Must be a photo ID not expired for five years or more, issued by a State high school or accredited institution of higher education or city/state/federal government (such as driver's license, State photo ID card, Department of Homeland Security card, Military ID card, Native American/Tribal ID card or passport) on which both your first and last names and photo appear. The names on your photo ID must conform to the name of the fundraiser or project owner.
Notarized statement with photo: If you do not have any of the above forms of photo ID, contact a notary public (who may not be a relative). Attach a current photo of yourself to the MicroGiving Affidavit of Photo Identification form that identifies you by first and last name, which must match the name of the MicroGiving fundraiser or project owner. You must sign this statement in ink in the presence of the notary public, who must affix the notary seal or stamp overlapping a portion of the photo.
Note: All documents and photo ID submitted must be acceptable to MicroGiving before a payout will occur.
Withdrawals must be requested by the Recipient and are subject to our terms and Fees for Service (see below). All withdrawal requests are subject to a minimum withdrawal of $50.00. This means the balance in a Recipient account must be $50.00 or greater in order to request a withdrawal and requests for withdrawals where a Recipient account balance is less than $50.00 will be denied. Recipients may not withdraw any less than $50.00 during each eligible payment cycle.
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.
Fees for Service Microgiving is free and easy when creating a fundraiser. A small processing fee of 4% for credit card transactions and a 5% processing fee will be deducted from each donation. The actual amount that you receive will be displayed on the donation bar automatically, you'll never need to worry about being billed or owing us any money.
Donations Through Authorize.net You recognize and agree that Donations are made at the sole discretion of MicroGiving. Authorize.net is a third party beyond our control, and thus we are not responsible for any of Authorize.net's actions. Furthermore, Authorize.net has exclusive legal control of all Funds until received in the MicroGiving account.
Payment Method All payments for Donations are processed by the Processor when submitted. Payments for approved Recipient withdrawals are paid by check and are mailed out via standard USPS First-Class delivery. We do not offer electronic payment of withdrawals and do not provide overnight or alternative delivery methods. Requests for withdrawlas must be made no later than three business days prior to the payment disbursement date that occur every other Friday of each month in accordance with our policies.
Communications with Donors Upon registration with MicroGiving, we ask a Donor to never share his or her contact information with Recipients or to have communication outside the MicroGiving.com website. Recipients may elect to share their contact information with Donors. As a Recipient, you understand and represent that all subsequent communications between Donor and you are your responsibility, and we assume no liability therefore. You agree that you will not contact any User of the Site outside the MicroGiving.com website who has not consented . 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 DonorCommunity, its parents, subsidiaries, affiliates, officers, employees and contractors 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. DonorCommunity 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 DonorCommunity 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 DonorCommunity 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 our 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: firstname.lastname@example.org. Make sure to include both the Uniform Resource Locator ("personal URL" or Web page address) 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 DonorCommunity 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 and Site and account access will be terminated
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. ONE ACCOUNT PER MEMBER HOUSEHOLD
DonorCommunity 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. DonorCommunity reserves the right to terminate duplicate accounts, resulting in the potential loss of accumulated donations.
2. 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.
3. 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.
4. Impersonating another forum user...
Moderator, volunteer, administrator or DonorCommunity 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.
5. Do not post about bugs and exploits.
Bugs and exploits should be reported to email@example.com. 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.
6. 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 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.
7. 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.
8. 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.
9. Trolling is prohibited.
'Trolling' describes 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.
10. 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.
11. 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 to become a personal attack.
12. Private communication.
You are not permitted to publicize any private correspondence received from any of the MicroGiving Team members, moderators and administrators of the forum.
13. 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 firstname.lastname@example.org.
14. 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: email@example.com
15. 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.
16. 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.
17. No duplicate posts.
To delete accidental duplicate posts, open the message you want to delete and then select the 'Delete Post' button.
18. No irrelevant or off-topic posts.
Posts which are not relevant to the forum topic may be deleted at the moderator's discretion.
19. No lengthy signatures.
Limit signatures to five (5) lines or less. Moderators will edit and/or remove signatures that are too long.
20. Check for open topics.
Before posting a new topic, please check to see if there is already a topic open on the subject.
21. 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 copying and pasting the offending post into an email and send it to firstname.lastname@example.org. We will act on the report as quickly as we can. Do not reply to the offending post.
Third Party Sites and Information
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 DonorCommunity. 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.
DonorCommunity's Intellectual Property Rights. DonorCommunity 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 trademarks and/or service marks may not be used in connection with any product or service that is not provided by DonorCommunity, 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 DonorCommunity.
Others' Intellectual Property Rights.
DonorCommunity 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 DonorCommunity 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"), DonorCommunity designates the following individual as its agent for receipt of notifications of claimed infringement:
Attn: Copyright Claims
13630 NW 8th Street, Suite 205
Sunrise, FL 33325
By E-mail: email@example.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.
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.
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.