Terms & Conditions

Terms and Conditions

Last updated: August 6th, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where `control` means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Gujarat, India

  • Company (referred to as either `the Company`, `We`, `Us` or `Our` in this Agreement) refers to Site.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as `Terms`) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Site, accessible from https://getyourdonations.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

`AS IS` and `AS AVAILABLE` Disclaimer

The Service is provided to You `AS IS` and `AS AVAILABLE` and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a `terrorist supporting` country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Thank you for visiting GetYourDonations. GetYourDonations is an online crowd-funding platform that supports Muslims doing great work across the world. These Terms of Use (“Terms”) govern your access to, use of, and participation in the services made available by GetYourDonations Inc. (“GetYourDonations,” “we,” “our,” or “us”), including our websites, products, tools, promotions, and any other services that reference these Terms (collectively, the “Services”). By accessing or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

Definitions

“Beneficiary” means the individual, family, group, charity or other recipient identified in a Campaign as the party for whose benefit the donations are sought through the Services. The Beneficiary may be the Campaign Organizer itself, or it may be a third party, as identified in the Campaign.

“Campaign” means a cause, goal, or event for which a Campaign Organizer seeks donations through the Services.

“Scheduled Giving” means a program through which a Donor commits a certain amount of donations to one or more Campaigns selected by the Donor or GetYourDonations.

“Campaign Organizer” means an individual or organization who creates, launches or manages a Campaign. The Campaign Organizer may be the Beneficiary itself, or it may be a third party, as identified in the Campaign.

“Donor” means an individual or organization who donates to a Campaign or Scheduled Giving.

“Members” means Donors, Campaign Organizers, and other users of the Services.

  1. Eligibility

    To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent in which case a guardian will be held responsible) and competent to agree to these Terms. If GetYourDonations has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

  2. Modifications

    We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.

  3. Account Registration

    You may be required to create an account to use the Services. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you.

    You are responsible for notifying us at support@GetYourDonations.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. GetYourDonations will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by GetYourDonations or a third party due to someone else using your account.

  4. Intellectual Property and Other Proprietary Rights

    The Services are owned and operated by GetYourDonations and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by GetYourDonations and its partners, as well as other sources, and is protected by international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by GetYourDonations and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of GetYourDonations and such others. You agree to protect the proprietary rights of GetYourDonations and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by GetYourDonations or its suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify GetYourDonations immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and GetYourDonations, at all times be and remain the sole and exclusive property of GetYourDonations.

  5. User Content

    1. User Content and Submissions

      The Services may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content such as Campaigns, photographs, questions, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users.

    2. Our License to User Content

      When you Post User Content on or through the Services, you grant GetYourDonations a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content or feedback, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

    3. User Content Representations

      You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that GetYourDonations does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless GetYourDonations for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

    4. User Content Review

      You acknowledge and agree that GetYourDonations and its designees may or may not, at GetYourDonations’s discretion, pre-screen User Content GetYourDonations its appearance on the Services, but that GetYourDonations has no obligation to do so. You further acknowledge and agree that GetYourDonations reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, GetYourDonations and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in GetYourDonations's sole discretion. You acknowledge and agree that GetYourDonations does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

  6. License

    Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. GetYourDonations may revoke this license at any time, in its sole discretion.

  7. Prohibited Uses

    Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

    • Post User Content that is polemic, sectarian, or divisive in its nature;
    • Post User Content that supports violence or terrorism;
    • Post User Content that harasses, abuses, or threatens any other person, or that contains obscene content; is false, misleading, or inaccurate; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification; is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;
    • Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, or create derivative works from any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or expressly provided by GetYourDonations;
    • Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser;
    • Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
    • Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
    • Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code);
    • Post or do anything that could disable, overburden, or impair the proper working of the Services;
    • Post material that impedes or otherwise prohibits communication or disrupts user discussion;
    • Post, utilize or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;
    • Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
    • Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
    • Solicit personal or sensitive information from other users for purposes not permitted by these Terms;
    • Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
    • Frame, inline link, or similarly display the Services or any portion of the Services; or
    • Interfere with any other party’s use and enjoyment of the Services.

    Without limiting the foregoing, Campaign Organizers represent and warrant that (1) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Member or other user; (2) all donations contributed to a Campaign Organizer’s Campaign will be used solely as described in the Campaign; and (3) Campaign Organizers will comply with all applicable laws and regulations, including laws and regulations of the jurisdictions from which a Campaign Organizer solicits donations. Campaign Organizers that share personal data with us further represent and warrant that they may share such personal data with us under applicable law without restriction.

  8. No Endorsement

    GetYourDonations provides a crowd-funding platform that allows individuals or organizations to raise money. Even if GetYourDonations may be paid to promote a Campaign, we do not endorse any Campaign, donor, individual, or organization. In other words, please make a decision to donate based on your own research and diligence. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s use of the Services. GetYourDonations has no obligation to do so, and we do not make any representations about, confirm, or endorse any Campaigns, Donors, individuals, or organizations. Nor does GetYourDonations make any representations about, confirm, or verify that donations will be used in accordance with any fundraising purpose set forth in a Campaign. By using the Services, you understand and agree that GetYourDonations is not responsible for the use of your donations or the amount of funds raised for your Campaign.

    We may sometimes offer Scheduled Giving, where Donors may commit to donate a certain amount of money over a given period of time to one or more Campaigns selected by the Donor or GetYourDonations. Even where GetYourDonations selects the Campaigns (for Scheduled Giving or elsewhere through the Services), you understand that GetYourDonations makes no representations about, confirms, or endorses any of the Campaigns selected. You further understand that GetYourDonations makes no representations about, confirms, or verifies that the donations will be used in accordance with the fundraising purposes set forth in the selected Campaigns.

    DONORS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY CAMPAIGN. WE ENCOURAGE DONORS TO USE THEIR DISCRETION WHEN SUPPORTING CAMPAIGNS.

    Though we have no obligation to verify the accuracy of Campaigns and the use of donations, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer is not raising or using the funds as stated in the Campaign, please alert us of this potential issue by emailing us at support@GetYourDonations.com.

  9. User Disputes

    You agree that you are solely responsible for your interactions with any other user in connection with the Services and GetYourDonations will have no liability or responsibility with respect thereto. GetYourDonations reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services and any third party relating to the use of the Services.

  10. Payments

    We pay Campaign Organizers through Paypal at the end of each month or upon the completion of the campaigns. We keep 10% of the donations. Questions about refunds may be directed to us at support@GetYourDonations.com.

  11. Perks and Incentives

    Campaign Organizers may be given an opportunity to offer goods, promotions, or services (“Perks and Incentives”) to Donors of their Campaigns. Campaign Organizers are solely responsible for delivering Perks and Incentives promised to Donors. GetYourDonations is not obliged to become involved in disputes between Members as to the delivery, description, quality or any other aspect of Perks and Incentives, or between Members and any third party relating to the use of the Services in connection with Perk and Incentives. Failure by Campaign Organizers to provide Perks and Incentives to Donors as specified in the Campaign may result in various actions by GetYourDonations including, but not limited to, reimbursement of Donors at the Campaign’s expense, and suspension of accounts and current and future Campaigns by the Campaign Organizer.

  12. Taxes

    Each Campaign Organizer is responsible for determining what, if any, taxes apply to the donations received through the Services. Campaign Organizers are responsible for assessing, collecting, reporting, or remitting the correct tax, if any, to the appropriate tax authority.

    GetYourDonations makes no representation as to whether all or any portion of your donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. GetYourDonations will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by any Donor. You should consult your tax advisor as to the amount of your donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any donation in any relevant jurisdiction, and particularly if you are awarded Perks and Incentives in connection with your donation.

  13. Account Suspensions

    From time to time, GetYourDonations may (1) place a hold on a Campaign account, suspending the ability of a Campaign Organizer to obtain donations made to the Campaign and/or (2) place a hold of transfer of funds already raised (either or collectively a “Hold”). We may place a Hold (and refund all donations made to that particular Campaign to the Member(s) who made such donations, or redirect such donations to a beneficiary with a similar mission or aim as that of the Campaign) if: (i) we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) we have reason to believe that a Campaign, or Campaign Organizer has violated these Terms, or release of funds to the Beneficiary will violate these Terms, GetYourDonations’s internal policies or any applicable laws or regulations, or (iv) required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at support@GetYourDonations.com.

  14. Legal Compliance

    You acknowledge, consent, and agree that GetYourDonations may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by GetYourDonations’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and/or (5) to protect the rights, property, or personal safety of GetYourDonations, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

  15. Warranties and Disclaimers

    THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY GetYourDonations, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, GetYourDonations DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE CORRECTED, OR (iii) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    IN NO EVENT SHALL GetYourDonations OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT GetYourDonations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU DONATED TO THE CAMPAIGN TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A DONATION FOR A CAMPAIGN, $100.

    If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

  16. Exclusions and Limitations

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 17. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 17 specifically do apply to you.

  17. Indemnification

    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GetYourDonations AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THE TERMS OR GetYourDonations PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

  18. Third-Party Links and Services

    The Services may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. GetYourDonations is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that GetYourDonations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties (including Campaign Organizers) will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

  19. Copyright Claims

    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, if you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
    4. your address, telephone number, and e-mail address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Our copyright agent can be reached as follows:

    support@GetYourDonations.com

    Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  20. Modification and Termination of the Services

    1. Modification of Services

      GetYourDonations reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that GetYourDonations shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

    2. Termination

      These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate, provided that any donations made prior to the effective date of termination will continue to be processed in accordance with these Terms. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation Sections 1 (Definitions), 3 (Additional Terms and Policies), 6 (Intellectual Property and Other Proprietary Rights), 7 (User Content), 10 (No Endorsement), 11 (User Disputes), 16 (Legal Compliance), 17 (Warranties and Disclaimers), 18 (Exclusions and Limitations), 19 (Indemnification), 22 (Modification and Termination of the Services), 23 (Arbitration and Class Action Waiver), 24 (Controlling Law and Severability), 25 (Feedback), and 26 (General Terms). Termination of your account may also include, at GetYourDonations’s sole discretion, the deletion of your account and/or User Content.

  21. Feedback

    By sending us any feedback, comments, questions, or suggestions concerning GetYourDonations or our services, including the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against GetYourDonations and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.

  22. General Terms

    1. Force Majeure

      Under no circumstances shall GetYourDonations be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

    2. No Waiver

      No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of GetYourDonations to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

    3. Third-Party Beneficiaries/Relationship between the Parties

      You agree that there shall be no third-party beneficiaries to these Terms. No agency or employment between you and GetYourDonations is created as a result of the Terms or your use of the Services.

    4. Statute of Limitation

      Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    5. Miscellaneous

      These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and GetYourDonations and govern your use of the Services, and supersede any prior agreements between you and GetYourDonations on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by GetYourDonations without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of GetYourDonations. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect.

    6. Notices

      We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) GetYourDonations, 4444 2nd Ave, Detroit MI, 48201; or (2) support@GetYourDonations.com.

  23. Donor Refunds

    Requesting a refund

    If you would like to request a refund, you can contact support@GetYourDonations.com.
    GetYourDonations is able to refund your donation before any of the following occur:

    1. The donation funds were disbursed.
    2. The perk(s) is “Locked”, which means the campaign owner has indicated the perk(s) is ready for shipment, or “Shipped” by the campaign owner.
    3. If none of the above have occurred, we will be able to issue you a refund for your donation. When a refund is requested, you will be notified by email when it is completed, and the refunded amount should appear in your bank account within 5-10 business days.

      In the event that the campaign has ended and GetYourDonations has disbursed funds to the campaign owner, refund requests must be directed to the campaign owner and handled in accordance with their separate refund/return policy.

      GetYourDonations is not responsible for refunds outside of our Refund Policy and we ask users to directly work with the Campaign Organizer in such cases to resolve the refund request and the method of refund. If you don't feel comfortable contacting the Campaign Organizer, contact us at support@GetYourDonations.com and let us know, we are here to help.

      In the rare case that there is a concern about the legitimacy of a campaign, our compliance and safety team will conduct an investigation on the alerted campaign. If we are able to gather enough evidence that the complaint is valid, we will take the necessary steps to suspend any further donations and refund the Donors. In no event will GetYourDonations be obliged to provide records of an investigation to any Member, and such investigative records will be privileged and confidential work-product that will remain private.

      Raising suspicions

      If you have donated to a campaign and something doesn’t feel right, please contact support@GetYourDonations with the campaign link and any relevant information. If after further investigation we determine the funds have been misused, you may be eligible for a refund, subject to the Terms and Conditions listed further below.

      We will investigate every claim, however the length of an investigation may vary depending on the complexity and evidence r equired. Once completed, you will be notified of the outcome of your claim. In no event will GetYourDonations be obligated to provide records of an investigation to you, and such investigative records will be privileged and confidential work-product that will remain private.

  24. Contact Us

    If you have any questions about these Terms, please contact us by email at support@GetYourDonations.com.