CHEERFULGIVER DOT ORG, LLC PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. Last Revised: January 1, 2018
If you have any question regarding the use of the Site, please refer first to our Help & FAQ Section. All other questions or comments about the Site or its contents should be directed to help@Cheerfulgiver.org.
2. Registering for an Account
To register for an account, you must be at least 18 years old and by registering you represent and warrant that you are at least 18 years old. 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) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Cheerfulgiver, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Cheerfulgiver. You are responsible for all activities performed using your account on the Site or using the Services.
3. What We Do
Cheerfulgiver is a website that provides free online fundraising tools (the “Services”) to individuals and nonprofit organizations to raise money for personal and charitable causes and projects. We focus on compassionate crowdfunding, providing free fundraising and support to humanitarian causes, and to help people deal with personal hardships and other life situations. We encourage our users to demonstrate compassion and share their love for their cause with others. We discourage fundraisers that may cause divisiveness or disharmony within our community and reserve the right to prevent or remove such campaigns.
We allow fundraisers for the following categories: Medical Expenses, Memorials & Funerals, Emergencies & Disasters, Adoption, Kids & Family, Neighbors & Community, Education & Schools, Sports & Teams, Pets & Animals, Volunteer & Service Projects, Nonprofits, Mission Trips, and Veterans.
4. Creating a Fundraiser
Once you have registered an account with Cheerfulgiver, you may create a fundraising campaign for the causes or project you care about (each, a “Fundraiser”). For each Fundraiser you create, you agree: (1) to provide complete, accurate and truthful information and that all content in your Fundraiser is accurate and truthful, (2) that, if you are raising money to benefit a specific person or people other than yourself, you have expressly received the right and permission to publish information about the beneficiary, including any photographs and health-related information, and you have provided all information about the beneficiary that we indicate is required, (3) that, if you are raising money to benefit a specific child, that you are the parent or guardian of the child or you have received express permission from the parent or guardian of the child to publish information about and photographs or other depictions of the child, and (4) that, if your Fundraiser is intended to raise money to benefit an organization, you have that organization’s authorization and permission to do so, including any rights to use that organization’s name, logo, trademarks, or other identifying marks, and 5) that you will not post your Fundraiser’s URL in the comments section or any other area of other Fundraisers on the Site. You are solely responsible for all content published for or posted to your Fundraiser. You are solely responsible for any and all tax implications from contributions received through your Fundraiser. You agree and guarantee that all money raised through your Fundraiser will be given for the purposes described in your Fundraiser and that no other person or entity besides the advertised beneficiary will receive any of the funds raised through your Fundraiser.
5. Donating to a Fundraiser
You agree that all donations you submit on the Site through the payment processor associated with the Fundraiser are given voluntarily by you. You understand that while Cheerfulgiver does investigate Fundraisers from time to time, that Cheerfulgiver does not verify all information published in any Fundraiser and cannot and does not represent or warrant the truthfulness of any Fundraiser. Cheerfulgiver does not verify whether any beneficiary organization advertised as a nonprofit actually has tax-exempt status by the U.S. Internal Revenue Service or any state agency. We encourage you to double-check on the tax-exempt status of any organization claiming to be a nonprofit before donating to a Fundraiser. Donations are made through the third-party payment processor associated with each particular Fundraiser, and Cheerfulgiver may not refund your donation to a Fundraiser; however, if you contact us, we will put you in touch with the payment processor for the Fundraiser for which you seek a refund. Any refunds will be given in the third party payment processor’s discretion and in accordance with their terms of service. We encourage you to read the terms of service of the applicable payment processor regarding refunds before donating to a Fundraiser. When you donate to a Fundraiser, you also have the opportunity to support Cheerfulgiver by donating to Cheerfulgiver. If you would like a refund, in whole or in part, of your donation to Cheerfulgiver, please contact us within 180 days after your donation. You are responsible for maintaining copies of documentation related to any donation you make for your own tax and other financial records.
6. User Content and Conduct
The Site may also include interactive areas or services (“Interactive Areas”), such as comment areas, message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any portion of the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, advertising, solicitations or political campaigning.
f. Offerings or promotion of raffles, lotteries, sweepstakes, contests or other games of chance – whether from the user or third-parties.
g. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
h. Viruses, corrupted data or other harmful, disruptive or destructive files; and
i. User Content that, in the sole judgment of Cheerfulgiver, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Cheerfulgiver or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while on the Site and using the Services, and you agree that you will not do any of the following in connection with the Site, the Services or its users:
∙ Use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
∙ Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
∙ Cheat or utilize unauthorized exploits in connection with the Site;
∙ Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
∙ Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
∙ Harvest or otherwise collect information about users, including email addresses, without their consent;
∙ Use the Site or the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Site Terms; or
∙ Circumvent or attempt to circumvent any filtering, security measures or other features Cheerfulgiver may from time to time adopt to protect the Site, the Service, its users or third parties.
Cheerfulgiver takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Cheerfulgiver liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site, including any Interactive Areas, is at your own risk. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at Cheerfulgiver’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Cheerfulgiver is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Cheerfulgiver has no obligation to screen, edit or monitor any of the User Content on the Site, including in any Interactive Area, Cheerfulgiver reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Services and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant Cheerfulgiver and its affiliates a nonexclusive, royalty-free, fully paid up, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site and the promotion thereof including without limitation the right to use your name, likeness, voice or identity. You grant Cheerfulgiver and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users’ name, likeness, voice or identity in connection with various features on the Site does not imply any endorsement of such feature or of the Site of the Cheerfulgiver unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content that you post or submit is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
7. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Cheerfulgiver logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Cheerfulgiver or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Cheerfulgiver, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
8. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Cheerfulgiver has adopted a policy of terminating, in appropriate circumstances and at Cheerfulgiver’ s sole discretion, account holders who are deemed to be repeat infringers. Cheerfulgiver may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Copyright Complaints
If you believe that anything on the Site, including any Fundraiser, infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Title of Agent Designated to Receive Notification of Claimed Infringement: CEO
Full Address of Designated Agent to Which Notification Should be Sent:
5147 orange ave, port orange, fl 32127
Telephone Number of Designated Agent: (386) 682-4256
E-Mail Address of Designated Agent: help@Cheerfulgiver.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Cheerfulgiver,” “Cheerful giving,” “Cheerfulgiver.org,” “Cheerfulgiverorg,” “Cheerfulgiver Crowdfunding and the Cheerfulgiver logos and any other Cheerfulgiver product or service name or slogan contained in the Site are trademarks of Cheerfulgiver, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cheerfulgiver or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Cheerfulgiver” or any other name, trademark or product or service name of Cheerfulgiver without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Cheerfulgiver and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Cheerfulgiver names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Cheerfulgiver or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Cheerfulgiver logo or other proprietary graphic of Cheerfulgiver to link to this Site without the express written permission of Cheerfulgiver. Further, you may not use, frame or utilize framing techniques to enclose any Cheerfulgiver trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Cheerfulgiver’ s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Cheerfulgiver or any third party.
Cheerfulgiver makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site, including without limitation WePay.com, PayPal.com, or Stripe.com. Such sites are not under the control of Cheerfulgiver and Cheerfulgiver is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Cheerfulgiver provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Cheerfulgiver of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
12. Third Party Content
Cheerfulgiver may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Cheerfulgiver does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Cheerfulgiver is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
13. Advertisements and Promotions; Third-Party Products and Services
Cheerfulgiver may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Cheerfulgiver does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Cheerfulgiver is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-Cheerfulgiver advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the Cheerfulgiver or Cheerfulgiver’ s products or services that are provided by you in the form of email or other submissions to Cheerfulgiver, or any postings on the Site, are non-confidential and shall become the sole property of Cheerfulgiver. Cheerfulgiver shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend and hold harmless Cheerfulgiver, its independent contractors, service providers and consultants, and their respective directors, employees and agents (“Cheerfulgiver Indemnitees”), from and against any claims, suits or claims, and to indemnify Cheerfulgiver and Cheerfulgiver Indemnitees against all damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Cheerfulgiver and Cheerfulgiver Indemnitees, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Cheerfulgiver, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Cheerfulgiver DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. Cheerfulgiver DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Cheerfulgiver DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Cheerfulgiver IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO DONATIONS, TEXT OR PHOTOGRAPHY. WHILE Cheerfulgiver ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, Cheerfulgiver CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Cheerfulgiver reserves the right to change any and all content contained in the Site and to modify, suspend or discontinue the Site or any Services offered through the Site or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Cheerfulgiver.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Cheerfulgiver, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DONATIONS, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Cheerfulgiver, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Cheerfulgiver’ S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Cheerfulgiver, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Cheerfulgiver FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.
18. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Volusia County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
You agree that Cheerfulgiver.org, 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 the Site (or any part thereof) or the Services, at any time and without notice, and remove and delete any Fundraiser or User Content, for any reason, including, without limitation, if Cheerfulgiver.org believes that you have acted inconsistently with the letter or spirit of these Site Terms. Again, you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Further, you agree that Cheerfulgiver.org shall not be liable to you or any third-party for any termination of your access to the Site or the Services. You may also terminate your account at any time, by contacting us at help@Cheerfulgiver.org. Following the termination of your account, any Fundraiser associated with your account will no longer be published on the Site, and Cheerfulgiver may retain a copy of your Fundaiser, including any User Content, for its records. The following sections will survive the termination of your account: Sections 6, 8, 10, 14, 15, 16, 17, 18, and 20.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
21. Questions & Contact Information
Questions or comments about the Site may be directed to Cheerfulgiver at help@Cheerfulgiver.org or by calling us at 386-682-4256.
22. Notice to California Users
If you are a California resident, you may have these Site Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Site Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.