TERMS OF SERVICE

 

 HERO By Softgiving Terms of Service 

The following terms and conditions govern the use of all websites related to the online marketing, promotion, and user interactions of Softgiving, Inc., via HERO

by Softgiving (“HERO”) through its website https://softgivinghero.com/ which may be referred to as the “Website” throughout the terms below.

 

The Website is owned and operated by Softgiving, Inc. (“Softgiving,” “We,” or “Us.”).

 

We may be contacted by using the following information:

Softgiving, Inc.

 

101 Marietta Street NW

Suite 2475

Atlanta, GA 30303

hello@softgiving.com

 

The Website and its use is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Softgiving Privacy Policy) and procedures that may be published from time to time on the website by Softgiving (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.

 

If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Softgiving, acceptance is expressly limited to these terms.

 

  1. User interactions with the Website.

HERO facilitates online charitable fundraising by allowing online Fundraisers to embed the HERO donation platform on third-party streaming websites, or otherwise encourage their viewers and supporters to donate to charitable causes online. The HERO donation platform is designed for two primary classes of interactions; First, Fundraisers create a Campaign, and second, Donors interact with the Campaign donation page.

 

Campaign means a charity fundraising event for the Fundraiser or Fundraiser’s Intended Charity or Nonprofit using the HERO fundraising and donation platform.

 

Fundraiser means any individual or entity who engages with HERO by creating an account for the purposes of establishing a Campaign.

 

Donor means any third party who views Fundraiser’s Campaign and wishes to make a Contribution or Donation to the Intended Charity or Nonprofit.

 

Intended Charity or Nonprofit. HERO has direct partnerships with various registered charities and non-profit organizations. Softgiving will not partner with any organization that is not either a registered 501(c)(3), registered non-profit, or registered charity that meets Givinga Foundation’s vetting requirements. For more details regarding Givinga Foundation’s nonprofit directory visit their page here.

 

 

Third-Party Streaming Website means any website service that allows users to stream audiovisual content online, whether live or static, including, but not limited to, YouTube, Twitch, Facebook, Caffeine , etc.

 

 

  1. Fundraiser Interactions.

 

For online Fundraisers who wish to fundraise using HERO, this interaction requires creating an account via our website (a “User Account”). Setting up a User Account and subsequently creating a Campaign using the HERO platform. Personally identifying information provided during account creation includes, but is not limited to, information such as your name, email address, username or handle for Third-Party Websites, IP address, and other information relevant to our stated function of facilitating online fundraising. Upon account creation, our website may also install cookies on your browser to assist in the proper functioning of our platform and facilitate your online fundraising efforts. Your personally identifying information will not be used or stored beyond the terms above.

 

On HERO, Fundraisers primarily prepare a Campaign using the platform tools of HERO on their own. HERO merely provides platform tools and basic support.  

 

Incentives. Fundraisers and the Intended Charity or Nonprofit may choose to use incentives or perks as a motivation to potential Donors to contribute to any given Campaign. Should an Intended Charity or Nonprofit and/or a Fundraiser agree to implement Incentives, then the Intended Charity or Nonprofit  and/or Fundraisers are solely responsible for any reward they may offer, the information you provide them for such rewards, and for any terms and conditions relating thereto or compliance with applicable requirements in this regard. 

 

Should any Incentive for a Campaign feature a gift or reward of monetary value to be sent to a Donor, then Softgiving shall not be responsible for any necessary tax filings or forms associated with such an Incentive, and the Fundraiser and/or the Intended Charity or Nonprofit who provided the Incentive represents, warrants, and covenants that they have or will provide any and all necessary filings for tax or other purposes with the respective agencies or organizations. If the Fundraiser provides any Incentives, then Fundraiser agrees to hold Fundraiser harmless and indemnify Softgiving before any and all claims that may result from the Internal Revenue Service (the “IRS”) or any state taxation agency for failure on the part of the Fundraiser to properly identify any Incentive and file any necessary filings.

 

Further, any and all tax forms that may be associated with Incentives provided by the Intended Charity or Nonprofit shall be solely the responsibility of the Intended Charity or Nonprofit. The Intended Charity or Nonprofit agrees to hold Softgiving harmless and indemnify Softgiving before any and all claims that may result from the Internal Revenue Service (the “IRS”) or any state taxation agency for failure on the part of the Intended Charity or Nonprofit to properly identify any Incentive and file any necessary filings.

 

Softgiving does not represent or warrant that it will provide any tax advice, and it does not represent to be a tax advisor for Fundraisers or Intended Charity or Nonprofits, generally. Any information provided regarding taxes and Fundraisers or Intended Charities or Nonprofits should be treated solely as information and not specific tax advice. Softgiving encourages each Fundraiser or Intended Charity or Nonprofit to seek its own tax advisor for purposes of complying with local, federal, or international tax obligations.

 

 

  1. Donor Interactions.

 

For Donors who donate to Fundraiser Campaigns hosted via our platform, interactions involving personally identifying information generally occur in one of two ways.

 

First, Fundraiser may embed our donation functionality in a third-party web application or other platform, thus allowing us to facilitate online fundraising via Third-Party Websites.

 

Second, we may work with particular Fundraisers to create custom donation pages that we host and manage.

 

In creating additional fundraising Websites, the only information and content that shall be posted or included within these pages are (1) links where the Donors may donate to the Campaign, and (2) information or content from the charity or non-profit relating to the Campaign and the associated causes.

 

In both scenarios, we use Givinga Foundation. to process donation payments.

 

During Donor interactions, Donor users do not create an account on our platform. Therefore, we only collect the personally identifying information required to process Donor payments. At the option of the Donor, potentially personally identifying information may be displayed publicly, such as a name or username, in association with a given donation.

 

As part of the Donor interaction, cookies may be installed on the Donor’s browser to assist in the proper functioning of our platform and facilitate your online fundraising efforts.

 

We do not store, maintain, or otherwise collect personal financial information, such as credit card numbers. All payment processing is initially handled by Braintree and subject to their terms of service. No personal financial information is passed from Braintree to Softgiving or Givinga Foundation. Braintree passes information relevant to ensure that donations are routed to the proper non profit organization. Use of Braintree specific transaction ids passed to Givinga Foundation make it possible to trace a donation to its origin. However, Braintree holds all confidential financial information. For more information on how donations are processed see Donation Processing and Use of a Donor-Advised Fund below.

 

 

Zero Percent Platform Fee. Users of Softgiving understand and agree that Fundraisers are not charged for creating a Campaign or using the platform. Softgiving’s compensation for its HERO services comes from optional Donor tips to Softgiving. Donors understand that tips are not mandatory to make a contribution within any given Campaign by Softgiving, but they are greatly appreciated.

 

  1. Content & Responsibility of Site-Users.

 

Fundraisers and Donors are not permitted to upload additional Content including, but not limited to, audiovisual, pictorial, and text content through the creation of a Campaign or through the process of making a donation using Softgiving’s platform. Any Content posted by the Fundraiser or a Donor during a Campaign shall be subject to the review and possible take-down by the Third-Party Website.

 

Fundraisers who are using Softgiving’s platform for a Campaign should use their best efforts to avoid posting, sharing, creating, streaming, playing, or otherwise facilitating the use of potentially infringing Content. Any Fundraiser who recklessly or knowingly posts, shares, creates, streams, plays, or otherwise facilitates the use of infringing copyrighted works during a Campaign will materially violate the terms of this Agreement.

 

If you post material to the Websites, communicate information to Softgiving, or otherwise make (or allow any third party to make) material available by means of your user account or your interactions with the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

 

By submitting Content to Softgiving you grant Softgiving a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the content on the Website. If you delete Content, Softgiving will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Without limiting any of those representations or warranties, Softgiving has the right (though not the obligation) to, in Softgiving’s sole discretion (i) refuse or remove any content that, in Softgiving’s reasonable opinion, violates any Softgiving policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Softgiving’s sole discretion.

 

Should any User find Content posted by either a Fundraiser, an Intended Charity or Nonprofit, or Softgiving on a Website to violate their own, and solely their own Copyrights, then the User may notify Softgiving by following its DMCA page instructions here.

 

Links to Third Party Websites or Resources. Websites created during the course of a Campaign may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

  1. Use of a Donor-Advised Fund (DAF).

 

Both Fundraisers and Donors should understand that funds donated are not given directly to the intended charity. The Intended Charity or Nonprofits are aware and have agreed to receiving funds in this way. Funds donated via our platform during a given Campaign, are processed initially by Braintree and subject to their terms of service. After the payments are processed by Braintree, the payments are temporarily transferred and then processed within 30 days by Givinga Foundation, subject to their terms and conditions and privacy policies. When funds are temporarily held at Givinga Foundation, it is for the purposes of verifying compliance with government regulations surrounding nonprofit organizations or in verifying transaction information with a given organization. (https://www.irs.gov/charities-non-profits/charitable-organizations/donor-advised-funds)  Pursuant to the terms of Givinga Foundation., funds are forwarded to the Intended Charity or Nonprofit from the DAF. We implement this donation structure for various legal and strategic reasons. Questions regarding our use of a DAF may be directed to Softgiving, using the contact information listed above. Softgiving does not collect or otherwise handle any of the Donations during or after a Campaign. 

 

  1. Your User Account(s).

 

Softgiving may create an account for you on the Websites. Some areas of the Websites may allow you to create your own user account. In all situations, you may only interact with Softgiving via a user account if you are 18 years or older and not otherwise subject to a legal disability.

 

By accessing your user Account, you agree that you are responsible for maintaining the security of your account, and that you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Websites.

 

Softgiving may change or remove any information you place in any area of the site that it considers inappropriate, unlawful, or otherwise likely to cause Softgiving liability.

 

You must immediately notify Softgiving of any unauthorized uses of your account or any other breaches of security. Softgiving will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

 

  1. Intellectual Property.

 

This Agreement does not transfer from Softgiving to You any Softgiving or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Softgiving.

Softgiving, Inc., www.softgivinghero.com, the Softgiving logo, the HERO by Softgiving logo, and all other trademarks, service marks, graphics and logos used in connection with Softgiving, or the Websites are trademarks or registered trademarks of Softgiving or Softgiving’s licensors.

 

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Softgiving or third-party trademarks.

 

Should any User find Content posted by either a Fundraiser, an Intended Charity or Nonprofit, or Softgiving on a Website to violate their own, and solely their own Copyrights, then the User may notify Softgiving by following its DMCA page instructions here.

 

  1. Changes.

 

Softgiving reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Softgiving may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

  1. Termination.

 

Softgiving may terminate your account, including your access to all or any part of the Websites, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Softgiving’s notice to you thereof. Softgiving may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement or your account(s) on any of our Websites, you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. Limitation of Liability.

 

In no event will Softgiving, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Softgiving under this agreement during the three (3) month period prior to the cause of action. Softgiving shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

  1. General Representation and Warranty.

 

You represent and warrant that (i) your use of the Websites will be in strict accordance with the Softgiving Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.

 

  1. Indemnification.

 

You agree to indemnify and hold harmless Softgiving, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.

 

  1. Notice.

 

Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:

 

  1. From You to Softgiving.

 

You must provide notice to Softgiving via the contact via email at hello@softgiving.com.Attempts to contact Softgiving through other means made available on the website will not constitute notice under this agreement.

 

  1. From Softgiving to You.

 

Softgiving will provide notice to You via the e-mail address provided with your notice to Softgiving. If Softgiving must provide notice to You but no e-mail address is available, Softgiving may provide notice through the Website.

 

  1. Miscellaneous.

 

This Agreement constitutes the entire agreement between Softgiving and You concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of Softgiving, or by the posting by Softgiving of a revised version.

 

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

 

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Softgiving may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

  1. Disclaimer of Warranties.

 

THE WEBSITE IS PROVIDED “AS IS.” SOFTGIVING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOFTGIVING IS ALSO NOT RESPONSIBLE FOR INFORMATION APPEARING ON THIRD-PARTY WEBSITES THAT SOFTGIVING LINKS TO. SOFTGIVING MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

 

Fundraisers, you shall meet all commitments you make in or relating to your Campaign (including any rewards offered by you). You accept that you do not own or control any Campaign, including a Campaign you start yourself, and you do not have any approval or removal rights with respect thereto. You must respond promptly and truthfully to all questions posed to you by Softgiving and Donors. If you are unable to fulfill any of your commitments, you will work with the Intended Charity or Nonprofit and the Donors who have supported your Campaign to reach a mutually satisfactory resolution, which may include refunding monies paid by Donors. You are responsible for collecting and remitting any taxes on amounts received by you. Softgiving may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any amounts paid without notice or liability in the event we are unable to verify any information to our satisfaction.

 

If you are a Fundraiser or Donor, you are solely responsible for asking questions and investigating the Intended Charity or Nonprofit to the extent you feel is necessary before making any Contribution. Regardless of whether you are a Fundraiser or Donor, you are solely responsible for the actions you take to establish, donate to, or otherwise support an Intended Charity or Nonprofit or Campaign. Softgiving cannot and does not guarantee that monies raised will be used as promised, or that the Intended Charity or Nonprofit or Campaign will achieve its goals. Softgiving does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Intended Charity or Nonprofit, Campaign, or Contribution, or the truth or accuracy of the Content made available on Softgiving. If you are a Donor, you are solely responsible for determining how to treat the Contributions made by you, including for tax purposes.

 

 

Last Updated: 9/17/2020