Pure Charity Website Use Agreement
(Last Modified: June 1, 2018)
This website with its home page at purecharity.com (the “Website”) is an informational and interactive website offered by Pure, Inc., an Arkansas nonprofit corporation (“Pure Charity”), at no charge to users of the World Wide Web, with the express condition that such users agree to be bound by the terms and conditions set forth in this User Agreement. Pure Charity reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
DESCRIPTION OF SERVICES
Pure Charity is a charitable, nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (“I.R.C.”). Pure Charity provides users a platform for creating donor advised funds and restricted funds, as well as access to an extensive amount of resources through the Website, including, but not limited to, information regarding charities and affiliated/partner organizations, online tools, and other communication tools that may or may not allow for personalization (the “Service”). Pure Charity assumes no responsibility or liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by the end user. Registered Charities and Nonprofit Field Partners, be sure to read the Nonprofit Partner Agreements for information about the terms and conditions of participating in the Pure Charity Donor Advised Fund (“DAF”) program and the Pure Charity Restricted Fund (“RF”) program. For users interested in establishing a Charitable Giving Fund, please also review the Pure Charity Donor Advised Fund Policy & Agreement available here.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
Users who wish to create an account on the Pure Charity website must also agree to the terms and conditions set forth in the Charitable Giving Fund Notices found here. Users creating such an account are responsible for maintaining the confidentiality of their user ID and password, and are fully responsible for all activities that occur under their account. Pure Charity does not retain or assume liability or responsibility for such use.
GENERAL PRACTICES REGARDING USE AND STORAGE
Users acknowledge that Pure Charity may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that Pure Charity has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers. You acknowledge Pure Charity has the right to disable accounts that are inactive for an extended period of time or when fraud is suspected. You further acknowledge that Pure Charity reserves the right to change these general practices at any time with or without notice.
REGISTERED USER CONDUCT
You understand that all materials, data, text, photographs, graphics, messages, or other information publicly posted on the Website by third parties (“Public Content”) is the sole responsibility of the person from which such content originated. This means that you, and not Pure Charity, bear all risks and liabilities for all Public Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available:
- any Public Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same message more than once can be considered “spam” or “spamming”);
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- any Public Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Pure Charity official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Public Content transmitted through the Service;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- intentionally or unintentionally violate any applicable local, state, national or international law; “stalk” or otherwise harass another; or
- harvest or otherwise collect or store personal data about other users.
You acknowledge that Pure Charity and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Public Content that is available via the Service. Pure Charity and its designees shall have the right (but not the obligation) to remove any Public Content regardless of whether such communication(s) violate this User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Public Content, including any reliance on the accuracy, completeness, or usefulness of such Public Content.
You acknowledge and agree that Pure Charity may preserve Public Content and may also disclose Public Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Public Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pure Charity, its users and the public.
By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of Pure Charity. You grant and warrant that the owner of such content has expressly granted Pure Charity and its designees a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by Pure Charity at its sole discretion.
MODIFICATIONS TO THE SERVICE
Pure Charity reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pure Charity shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that Pure Charity and its designees, in its or their sole discretion, may terminate your password, Charitable Giving Fund, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Pure Charity believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, although Pure Charity shall send electronic notice to you at the point of such termination, and you acknowledge and agree that Pure Charity may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that neither Pure Charity nor any agent or designee shall be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PURE CHARITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PURE CHARITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PURE CHARITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURE CHARITY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM PURE CHARITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PURE CHARITY AND ITS DESIGNEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that you will hold harmless Pure Charity, its agents and designees, and each of the foregoing’s officers, directors, employees, members, managers, agents, contractors and volunteers (the “Released Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Pure Charity or the contributors of information to this Website and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Pure Charity or endorsed by Pure Charity. Pure Charity may provide links on the Website to other websites which are not under the control of Pure Charity. In general, any website which has an address (or URL) which does not contain “Pure Charity.com” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by Pure Charity of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
If you wish to make a donation to Pure Charity through the Website or through a linked-to website operated by Pure Charity’s payment processor for donations (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY DONATION. By submitting such information, you grant Pure Charity or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. Pure Charity reserves the right, at its sole discretion, to refuse or cancel any Donation for any reason. Pure Charity or its payment processor may automatically process charges against your selected payment method on the receipt page. Pure Charity or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.
USAGE OF MATERIAL
Except as to Public Content, and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to Pure Charity and/or its licensors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Pure Charity’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of Pure Charity, provided that the user does not remove any legal notices, including any trademark, copyright or other notices contained in such Material.
TRADEMARKS / COPYRIGHTS / RIGHT OF PUBLICITY
All trademarks and service marks appearing on the Website are owned by Pure Charity and/or its licensors, or their respective owners, including without limitation the Pure Charity word mark and logo. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of Pure Charity is expressly prohibited and all rights thereto are reserved.
This Website (excluding linked sites) is controlled by Pure Charity, which is headquartered in the State of Arkansas, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Arkansas, by accessing this Website both you and Pure Charity agree that the statutes and laws of the State of Arkansas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and Pure Charity also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Bentonville, Arkansas, with respect to such matters. Pure Charity makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Pure Charity encourages and permits text links to content on the Pure Charity Website, purecharity.com, provided: (a) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with Pure Charity’s name, service marks trademarks and/or other intellectual property and assets of Pure Charity; (b) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than Pure Charity is associated with or sponsored by Pure Charity; and (c) Pure Charity reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.
Nonprofit Partner Donor Advised Fund Policy and Agreement
AS A REGISTERED CHARITY (FIELD PARTNER), YOUR FIELD PARTNER AND FUNDRAISING PAGES SOLICIT DONOR-ADVISED DONATIONS TO PURE CHARITY ADVISED FOR REGRANTING TO YOUR CHARITY.
Pure Charity is committed to making support of charitable causes quick, easy, and efficient. To that end, we seek to affiliate with charities that share our charitable and philanthropic goals, such as yours. Pure Charity is a tax-exempt corporation described in I.R.C. § 501(c)(3) which maintains a donor advised fund. Donors who make contributions on the Pure Charity Website in response to your fundraising will be donating their funds to Pure Charity, advised for regranting to your organization. Signing up as a Registered Charity makes it quicker and easier to receive and monitor all regrants to your charity. For more information about Pure Charity, please visit www.purecharity.com.
REGRANTING YOUR DONOR-ADVISED CONTRIBUTIONS TO YOUR CHOSEN CHARITY
It is Pure Charity’s normal practice to regrant 95% of a donor-advised contribution to a qualified tax-exempt entity and/or cause advised by the donor, and to retain 5% for Pure Charity’s expenses (including credit card transaction costs). Distributions to donor-recommended, qualified 501(c)(3) organizations (by check or electronic funds transfer) are generally made by the first business day after the 10th of the month following receipt of the donor’s contribution to the DAF in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th). While Pure Charity makes reasonable efforts to honor the advisements of its donors, Pure Charity maintains exclusive and full discretion and control over use of all contributions it receives. In the case where a donor makes an advisement to a non-qualified entity and/or cause, or Pure Charity otherwise determines that the advisement should not be followed, Pure Charity will notify the donors and direct the contribution to an alternate charitable cause, including Pure Charity’s charitable purposes.
For example, assume Charity A is listed as an approved charity on the Pure Charity website, and Donor B makes a $100.00 contribution on October 5th to Pure Charity advising that it should be distributed to Charity A. Pure Charity issues a receipt, via e-mail, suitable for substantiating a $100.00 tax-deductible donation by Donor B. Pure Charity makes a regrant on or around November 10th in the amount of $95.00 to Charity A which is the amount of the donation from Donor B, less retained costs of $5.00 (5%).
NOTWITHSTANDING THE ABOVE, IN THE EVENT AN APPROVED CHARITY IS IN BREACH OF ANY CONTRACT OR AGREEMENT SUCH APPROVED CHARITY ENTERED INTO WITH PURE CHARITY, THEN PURE CHARITY MAY HOLD THE DONOR-ADVISED CONTRIBUTIONS TO SUCH APPROVED CHARITY IN ESCROW UNTIL THE BREACH IS RESOLVED.
All contributions made through the Pure Charity Website or utilizing the services provided by Pure Charity are complete, final, and non-refundable charitable gifts to Pure Charity only. Only the authorized credit card holder may donate on the Pure Charity Website, and you may not enter donations on behalf of donors, although you can facilitate such donations (e.g., setting up a kiosk where donors enter their card information directly).
Pure Charity will follow its normal charitable contribution receipting process in acknowledging charitable contributions. You may send thank-you correspondence to donors contributing through your charity’s Fundraising Page and events, but you are not permitted to issue any charitable contribution receipts, either independently or in conjunction with Pure Charity’s name or tax identification number. Pure Charity will issue charitable contribution receipts for donations made to Pure Charity by check and through the Pure Charity Website.
NO GOODS OR SERVICES IN EXCHANGE FOR DONATIONS
Federal law prohibits you from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Pure Charity. Pure Charity may only accept pure contributions and not part gift and part sale transactions. Therefore, you agree that you shall not promise or provide any goods or services, including admissions to events to donors in exchange for a donation to Pure Charity advised for your charity.
ULTIMATE RESPONSIBILITY FOR DONOR EXPRESSIONS OF PREFERENCE ABOUT USE OF FUNDS
The Pure Charity Website provides an opportunity for donors to the DAF to indicate the charity that they wish to receive a regrant of their donations, subject to the Pure Charity’s ultimate discretion. In addition, donors who would like to further express their preference as to how the charity should use these funds may designate their donation for a specific project by contributing toward the “project” when making their online donation. If a donor expresses such a preference and Pure Charity honors the regrant advisement, Pure Charity will communicate to the charity the donor’s preference regarding the use of the donation. However, Pure Charity does not guarantee donors that the recipient charity will use the funds in a manner consistent with the donor’s preference, and Pure Charity is not responsible or liable for the recipient charity’s ultimate handling of such preferences. Donors acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations for Pure Charity. As a Registered Charity, if you receive a regrant from Pure Charity and are informed of a donor’s designation of use, you will have ultimate responsibility and sole discretion regarding whether to honor his or her expressed preference.
For example, assume Charity A is listed as a Registered Charity on the Pure Charity website, and Donor B makes a contribution to Pure Charity advising that it should be distributed to Charity A. Donor B also expresses the preference that Charity A should honor the distribution and use the funds for a designated purpose. Pure Charity makes a regrant to Charity A in the amount of the donation from Donor B, less retained costs. Charity A has ultimate responsibility and sole discretion over whether to honor the donor’s request and use the funds for the designated purpose.
CONDITIONS OF REGISTRATION
In registering as a Registered Charity, you agree that as a Registered Charity Administrator:
- You have authority to represent the Registered Charity in completing this registration.
- You have authority if you so choose to create on behalf of your Registered Charity one or more Fundraising Pages thereby elevating your Registered Charity’s status to a Field Partner.
- You will provide true, accurate, and complete information through the Pure Charity Website.
- You are solely liable and responsible for all actions taken via your password.
- You are either an uncompensated volunteer or an employee of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the Pure Charity Website.
- You are not employed by, agents of, or affiliated with Pure Charity.
- You do not have authority to act on behalf of, speak for, or obligate Pure Charity in any manner, except to use authorized Pure Charity online tools and materials to raise funds to support charitable causes through the Pure Charity Website
FUNDRAISING EVENTS AND ACTIVITIES
- Charity-sponsored events. You may promote fundraising events and activities that are organized, sponsored, or approved by you on your Fundraising Page. For instance, you may ask your donors and other friends to donate to your charity, through one or more Pure Charity Fundraising Pages focusing on various projects or activities of your charity, or in conjunction with your charity’s own fundraising events and activities
- Un-sponsored events. As a Registered Charity, you in your sole discretion may encourage Volunteer Fundraisers in your sole discretion to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by your charity.
LIMITED LICENSE AND ACCEPTABLE USE
Pure Charity hereby grants your Registered Charity a limited, non-exclusive license to create a Fundraising Page on the Pure Charity Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the Pure Charity Website (collectively, the “Tools”) solely for the noncommercial purpose of raising charitable contributions. You may not use any of the Tools for any purpose other than promoting your charitable services or other Approved Charities through the Pure Charity Website.
FIELD PARTNER ACCOUNT ACTIVITY
In order for a Charitable Organization’s Charitable “Field Partner Account” to be considered active, an agent of the Charitable Organization must regularly use the Pure Charity software to maintain the account and/or pay monthly fees to maintain an active status. The Field Partner Account will be considered inactive if a nonprofit does not request any grants or pay any fees for a period of 24 consecutive months. At that time the Field Partner Account will be closed and all ungranted donor-advised contributions previously made with an expression of preference for your Charitable Organization/Field Partner will be transferred to Pure Charity’s General Philanthropic Fund.
- Registered Charity License to Pure Charity. In creating and maintaining a Fundraising Page on the Pure Charity Website, you agree to grant for up to 45 days following termination a limited, nonexclusive, royalty-free license to Pure Charity to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting contributions to Pure Charity’s DAF on the Website. You further grant to Pure Charity the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Registered Charity on the Fundraising Page. Pure Charity acknowledges your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by Pure Charity inures to your benefit. Pure Charity may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by Pure Charity.
- Pure Charity’s License to You. Pure Charity grants you a limited, non-exclusive, royalty-free license to display the trademark Pure Charity ® and the Pure Charity Logo® (the “Pure Charity Trademarks”) solely on your Fundraising Page for purposes of raising funds through the Pure Charity Website. You acknowledge the ownership of the Pure Charity Trademarks by Pure Charity, and all use of the Pure Charity Trademarks by you inures to the benefit of Pure Charity. You may not incorporate any Pure Charity Trademark within any trademark, trade name, or domain name created by you.
- The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Pure Charity Website and all Tools, and that is used by Pure Charity in conjunction with the services they are providing (other than Registered Charity Content as defined below and any content posted by Volunteer Fundraisers and/or other users), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Pure Charity Website (collectively, “Website Content”), are owned by Pure Charity or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Pure Charity or its licensors.
- The Pure Charity Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Pure Charity permits you to use the Pure Charity Website, the Tools, and the services provided by Pure Charity subject to your acknowledging and agreeing to the following conditions:
- In creating and maintaining a Fundraising Page on the Website, you grant a limited, nonexclusive, royalty-free license to Pure Charity to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to Pure Charity’s DAF through the Pure Charity platform on the Website. You further grant to Pure Charity the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Pure Charity. The foregoing license does not provide Pure Charity any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Pure Charity.
- Registered Charity Content posted by you and other users of the Pure Charity Website does not necessarily reflect the views of Pure Charity.
- Pure Charity may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Pure Charity’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
- The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Pure Charity is not responsible for the accuracy of any information, ideas or opinions posted by you or other users of the Pure Charity Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
- You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the Pure Charity Website.
- You agree that the Registered Charity Content will accurately describe that contributions made via the Pure Charity Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Pure Charity as completed gifts. In the case of users of the Pure Charity Restricted Fund model, you agree that the Registered Charity Content will accurately describe that contributions made via the Pure Charity Website are given to Pure Charity as completed gifts.
- You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
APPROPRIATE USER CONTENT
The Pure Charity Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Pure Charity permits you to use the Pure Charity Website, the Tools, and the services provided by Pure Charity subject to your acknowledging and agreeing to the following conditions:
- User Content posted by yourself and other users of the Pure Charity Website does not necessarily reflect our views.
- We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
- The posting of User Content on the Fundraising Page is solely the responsibility of each Volunteer Fundraiser. Pure Charity does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
- You have sole responsibility for your User Content and the consequences of posting User Content to the Pure Charity Website. You bear sole responsibility for the consequences of posting User Content.
- You agree that the User Content will accurately describe that contributions made via the Pure Charity Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Pure Charity as completed gifts.
- You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of the Field Partner or any other third party.
- You agree not to: advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Pure Charity Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising); operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise; upload, post or distribute any User Content which, in Pure Charity’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
- You agree not to engage in any conduct that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters; encourages conduct that would constitute a criminal offense or that gives rise to civil liability; violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity, including Pure Charity, or its employees and agents; violates these Terms or any other policy posted on the Pure Charity Website; or interferes with others’ use of the Pure Charity Website or the services provided by Pure Charity.
- By posting, uploading or otherwise sharing your User Content on the Pure Charity Website, you: grant to Pure Charity a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Pure Charity Website, sublicensing to a Field Partner, creating derivative works based on the User Content, and/or other uses for promoting a Field Partner; permit, but not require, Pure Charity to identify you as the provider of such User Content; represent and warrant that you have all necessary rights to grant the foregoing permissions; and grant to Pure Charity and to other users of the Pure Charity Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
- You agree that Pure Charity has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Pure Charity Website.
- You also agree not to upload, distribute, or otherwise publish any User Content to or through the Pure Charity Website that: contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer; uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Pure Charity Website; constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like; promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
PURE CHARITY REPORTING
If you receive funds through use of the Pure Charity RF model, a report from Pure Charity of aggregate contributions received over the course of the calendar year is available through the Pure Charity Administrative Dashboard within the Pure Charity website.
PURE CHARITY FINANCIAL INFORMATION
Pure Charity files the annual Form 990 with the Internal Revenue Service. The IRS Form 990 and audited financial statement will be available upon request by emailing firstname.lastname@example.org.
If you are the recipient of an advised grant from Pure Charity’s DAF, then Pure Charity, through services provided by Pure Charity, will share with you and, if applicable, organizations administering giving events in which the donor participates the donor’s name, email address, mailing address, designation, and donation amount, unless the donor opts out and chooses to remain anonymous at the time of donation, in which case Pure Charity will honor the donor’s request for anonymity and not share the donor’s identity with you.
Only the authorized credit card holder may donate on the Pure Charity Website. A third party, including but not limited to the Volunteer Fundraiser or Charity, 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 is against the Visa and MasterCard agreement. Using Pure Charity’s merchant account to process your credit card transactions can lead to heavy fines and other severe penalties. In addition, you will also put the Pure Charity’s credit card processing account in jeopardy. Pure Charity may report any such abuses to the appropriate authorities. This restriction does not preclude the Volunteer Fundraiser or Charity from providing computer terminals or kiosks, with access to the Pure Charity Website, for the authorized credit card holder to utilize in order to make a donation.
DISCLAIMER OF WARRANTIES
The Pure Charity Website and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Pure Charity Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Pure Charity hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Pure Charity is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
YOU AGREE THAT NEITHER PURE CHARITY, NOR ANY OF THEIR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE PURE CHARITY WEBSITE (AND YOUR USE OF, OR INABILITY TO USE, THE PURE CHARITY WEBSITE). ANY CLAIMS ARISING FROM THE PURE CHARITY WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
HOLD HARMLESS AND INDEMNITY
LINKS TO OTHER WEBSITE AND CONTENT
We may include links to third-party websites or services, and may provide links automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third parties who may be found on or linked from the Pure Charity Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
DESIGNATED AGENT TO RECEIVE NOTIFICATIONS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Pure Charity hereby serves the following DMCA/OCILL Notice to users of the services provided by Pure Charity or Pure Charity Website that:
- Pure Charity has designated an agent to receive notices from copyright owners about alleged infringements by users of the Pure Charity Website and send notices to the Pure Charity Website users who post or send allegedly infringing material;
- Pure Charity has registered the Pure Charity Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
- Pure Charity has adopted a policy of terminating access to the Pure Charity Website by users who are repeat copyright infringers;
- Pure Charity accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
- Upon receiving proper notification of an alleged infringement by a Pure Charity Website user, Pure Charity shall expeditiously take down or block access to the copyrighted material; and
210 North Walton Blvd., Suite 27
Bentonville, AR 72712
Phone: (855) 855-9594
The Pure Charity Website is controlled and operated from within the United States. Pure Charity makes no representation that the Pure Charity Website is appropriate or available in locations outside the United States. Those who choose to access the Pure Charity Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
TERMS AND TERMINATION
These Terms apply to your use of the services provided by Pure Charity and the Pure Charity Website at all times. Pure Charity reserves the right to change the Pure Charity Website without notice to you, at any time. You may terminate under these Terms at any time by emailing your request for termination to email@example.com, or your status may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Pure Charity Website immediately ceases. Additionally, if you are an authorized representative of an Approved Charity, you may request that the Approved Charity be removed from the Pure Charity Website by emailing firstname.lastname@example.org.
CONSEQUENCES OF TERMINATION
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Pure Charity’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
These Terms shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Pure Charity Website shall be litigated or otherwise heard in the state or federal courts located in Arkansas and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
Pure Charity may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.