Effective February 12, 2015; Version 1.0
From here on "Pious Projects" simply refers to “Pious Projects of America” a 501(c)(3) tax-exempt charitable organization.
(1) ACCEPTANCE OF TERMS
(2) WHO WE ARE
Pious Projects of America is a non-profit 501(c)(3) tax-exempt charitable organization. The purpose of our site and services is to help individuals, entities or organizations raise money utilizing You own all your You own all your You own all your You own all your our crowd-funding platform
(3) WHAT WE DO
Pious Projects provides online fundraising tools to non-profit organizations that wish to raise money for causes and projects they care about. Each fundraiser receives a personal fundraising profile page where he or she can post stories, photos and videos about their projects as well as receive credit card/PayPal donations. Additionally, through our search tools, all visitors to the Site can search through hundreds of projects and choose to donate to the ones that best match their philanthropic interests.
Becoming a member.
You may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.
You may need a username and password to use certain features of the site and services. By selecting a user name you agree that you will not select or use a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Pious Projects, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Pious Projects to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Pious Projects. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Pious Projects immediately of any unauthorized use of your password or account or any other breach of security. Pious Projects assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Pious Projects has the right to reclaim any user names for any reason.
ELIGIBILITY TO USE THE SITE.
You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Pious Projects has reasonable grounds to suspect that such information is inaccurate, Pious Projects may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services. To be eligible to use the services and access the site, you must: (1) be at least 18 (or between the ages of 13 and 17 and using the site and services with parental or legal guardian consent and supervision); (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another member’s account without her/his permission.
Relationship of Pious Projects
By using this site you understand and agree that Pious Projects shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns or events. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you hereby release Pious Projects, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.
(4) TRANSACTIONS BETWEEN PARTIES
Pious Projects serves as an intermediary between donors and beneficiaries. After reaching a predetermined funding goal or deadline has completed a project, Pious Projects remits all donated funds (less any service fee) to the project’s beneficiary in the form of a check, Paypal transfer or a predetermined method. If a Pious Projects fundraising event is found to be in violation of the terms of this User Agreement, Pious Projects reserves the right to terminate the fundraiser and user account and return funds to donors.
Pious Projects does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary or user. In addition, donations made on Pious Projects are nonrefundable. After Pious Projects, or Paypal transfers funds to the beneficiary, all further dealings are solely between you and such organizations and individuals. By using this site you understand and agree that Pious Projects shall not be responsible for any losses or damages incurred as a result of the fundraising event. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you agree to release Pious Projects, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation development or delivery of this Site (collectively “Pious Projects and its Affiliates”) from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service. Although Pious Projects shall not be held liable for the actions of a fundraiser, Pious Projects reserves the right to terminate a fundraising event at any time and for any reason. Pious Projects also reserves the right to remove a fundraising event and/or User from the Site at any time and for any reason.
(5) YOUR PROPRIETARY MATERIAL
You own all your intellectual property rights to the materials provided by you in connection with your use of the Pious Projects Service. By using the Site, you grant to Pious Projects a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use copy, display, transmit, publish and distribute your materials for the sole purpose of providing the services described in this User Agreement. You also grant Pious Projects the right to include your name and logo in press releases as well as other announcements on the Site. Pious Projects obtains no other right, title or interest in your trademarked materials except as set forth herein.
(6) OUR PROPRIETARY MATERIAL
Pious Projects and its licensors shall retain all intellectual property rights in the software, data, design, tools and any other material or content developed or provided by Pious Projects pursuant to this User Agreement including but not limited to the Pious Projects Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials and any and all other content provided by Pious Projects.
(7) FUNDRAISER ACCOUNTS
Any individual, entity or organization that registers for a fundraiser account is subject to the following additional terms of this User Agreement that apply specifically to fundraisers. By clicking the “Start Fundraising” or “Create a Fundraiser” button, you indicate that you understand and agree to the following additional terms in the section below.
By registering to become a fundraiser, you warrant and represent that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Pious Projects is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) You are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; (d) You will use all donated funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose; (e) You will make all reasonable efforts to send a thank you note to donors who have given to your project; (f) If you are a non-profit organization you: (i) have tax-exempt status under section 501(c)(3)of the Internal Revenue Code; and (ii) are registered with the Guidestar database.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the service. Fundraisers also authorize Pious Projects to conduct background inquiries, as Pious Projects deems appropriate to assess a fundraiser’s eligibility for the service or to review the fundraiser’s continued use of the service.
(8) Additional Terms for Fundraisers
Pious Projects requires all visitors who wish to raise funds for a project to sign up for an account by completing all required fields on the respective registration web pages on the Site. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information so as to maintain its accuracy. Additionally, Pious Projects reserves the right to terminate accounts created by users who appropriate the name, e-mail address, or other personally identifiable information of another individual. Pious Projects, also reserves the right to refuse to approve a user account or terminate an existing user account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. Pious Projects is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the service.
Pious Projects and third parties acting on Pious Projects’s behalf may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Site and Pious Projects Service. You may opt out from receiving such e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you understand and agree that you will still be held responsible for the information contained in these e-mails.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your fundraiser account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree not to use the account, username or password of anyone else. You shall not disclose your password to anyone else. Multiple accounts are prohibited. You agree to have only one account. You agree to exit from your account at the end of each session and to take all reasonable precautions to prevent others from using your account. You agree to notify Pious Projects immediately of any unauthorized use of your account.
(9) ADDITIONAL PROVISIONS SPECIFIC TO DONORS
Any individual, entity or organization that registers for a donor account is subject to the following additional terms of this User Agreement that apply specifically to donors. By clicking the “Donate Now” button, you indicate that you understand and agree to the following additional terms in the section below that apply specially to donors.
(10) DONOR REPRESENTATIONS
By registering for a donor account, you represent and warrant that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Pious Projects is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (c) Any donation you make is legal in your jurisdiction. Pious Projects will not be held liable for any loss or damages due to non-compliance. Additionally, by using the Pious Projects service you understand and agree that your use of the Site and use or reliance upon any of the materials through the site is solely at your own risk. While we take reasonable efforts to review fundraising events for compliance with the Pious Projects eligibility requirements, Pious Projects does not verify, endorse or control any of the information on the Site (outside of official documentation).
(11) Additional Terms for Donors
Any individual, entity or organization that registers as a member and donates funds through the site or the services is subject to the following additional terms of these terms that apply specifically to donors.
All donations are at your own risk. Please make sure that when you donate to a given individual, Event, Beneficiary or Charity, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. Pious Projects does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
Donor Commitments. By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you determine; and (ii) all donations are final and non-refundable.
Contributors are solely responsible for asking questions and investigating Campaign
Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Pious Projects does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Pious Projects does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
(12) Prohibited Uses
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
(i) Access to the Pious Projects Materials and the Site from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
(ii) Your use of any of the Pious Projects Materials other than for approved commercial or non-commercial use is strictly prohibited.
(iii) You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site.
(iv) You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
(v) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.
(vi) You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
(vii) You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
(viii) The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
(ix) You may not utilize framing techniques to enclose any trademark, logo, or other Pious Projects Materials without our express written consent.
(x) You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Pious Projects’s name or trademarks without our express written consent.
(xi) You may not deep-link to the Site and will promptly remove any links that Pious Projects finds objectionable in its sole discretion.
(xii) You may not use any logos, graphics, or trademarks of Pious Projects or those related to the Site as part of the link without our express written consent.
(xiii) You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(13) CONTENT ON WEBSITE
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas or opinions posted by users of the Site do not necessarily reflect our views and Pious Projects does not take any responsibility for the accuracy of any information, ideas or opinions posted by users. Pious Projects shall not be liable for any damages or losses resulting from such information, ideas or opinions. As a Pious Projects user, you understand and agree that Pious Projects may terminate any fundraising event, user membership or access to use the site at any time and for any reason. By posting any information or other content on the Site, you have authorized Pious Projects to publish such materials in any manner desired without any obligation to compensate you or anyone else.
You further understand and agree that Pious Projects may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of the this User Agreement or which may be illegal or offensive, or which poses a threat to the rights or safety of Pious Projects users. Prohibited content includes but is not limited to anything that:
Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
Interferes with another user’s rights to privacy;
Displays sexually explicit material of any kind;
Collects, stores or solicits user’s personal information for commercial or unlawful purposes without the consent of Pious Projects;
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law or regulation;
Contains any personally identifiable information about another use without that person’s express consent;
Uses false or misleading e-mail addresses or attempts to disguise the origin;
Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
Advertises or sells any goods or services.
(14) DISCLAMER OF WARRANTIES
Pious Projects makes no warranties regarding the safety of the Site and the accuracy of the content on the site. Pious Projects retains the right to restrict the use of the Site for any reason and at any time.
Each party represents and warrants that it shall perform its obligations so as to comply with applicable federal, state and local laws, ordinances and regulations. Additionally, you warrant that you own or otherwise have sufficient rights to grant the license granted to your proprietary material in compliance with all applicable laws and regulations including but not limited to any U.S. patent, copyright, trademark, or trade secret law or regulation. You further warrant that the use of your proprietary material will not infringe upon any intellectual property, or any other rights of any third party.
Except as otherwise expressly provided, all content, information, services and tools and on this Site are provided on an “As Is”, “As Available” basis. Use of this Service is solely at your own risk. PIOUS PROJECTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDTIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INLCUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. PIOUS PROJECTS MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. To the extent permissible by law, Pious Projects expressly disclaims any and all other warranties and makes no representation as to whether online donations are tax deductible. Pious Projects shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.
(15) LIMITATION OF LIABILITY
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL PIOUS PROJECTS AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY PIOUS PROJECTS OR AN AUTHORIZED PIOUS PROJECTS RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE PIOUS PROJECTS AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESUTLING FROM YOUR USE OF THIS SITE.
IN NO EVENT WILL PIOUS PROJECTS’S LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST PIOUS PROJECTS AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE EXCEED THE ACTUAL DIRECT DAMAGES INCURRED AS MEASURED BY THE TOTAL REVENUE RECEIVED BY PIOUS PROJECTS RESULTING FROM YOUR USE OF THE SERVICE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
You agree at your expense to indemnify, defend and hold harmless Pious Projects and its affiliates from any and all loss, damage or liability including reasonable attorney’s fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in the User Agreement; (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct; (3) breach of your representations and warranties as set forth herein.
(17) PARTNER SERVICES
The Site may provide links to third-party websites or services and may link you automatically to sponsor’s or third-party’s websites or services. Pious Projects provides such links solely as a convenience to you. Pious Projects does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
(18) FEES AND TAXES
Pious Projects will collect donations on our platform on behalf of any active project. Pious Projects will then deduct any fees applicable to the donation included and not limited to all credit card fees, transfer fees, chargeback fees, overdraft fees, service charges and all fees associated to receiving the donation. Applicable fees are: 2.9% + $0.35 for Credit Cards, 0.75% + $0.35 for eCheck, and 2.2% + $0.30 for PayPal. All Net Proceeds will then be transferred to the organization responsible for that individual campaign. Pious Projects will not assume any tax liability if any since all proceeds will be sent to the organization which would be responsible for any taxes due if any. Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Pious Projects will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Pious Projects will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
(19) VIOLATIONS AND TERMINATION
Pious Projects does not permit copyright or other intellectual property infringement activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to have infringed on the intellectual property rights of another. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. Any funds your project has received will be forfeited and credited back to donors. These remedies are in addition to any other remedies Pious Projects may have at law or in equity. You agree that Pious Projects, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account or any User Submission, at any time. Pious Projects may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Pious Projects shall not be liable to you or any third-party for any such termination. Pious Projects reserves the right to withhold and/or cancel donations to accounts prior to termination.
(20) ENTIRE AGREEMENT
This User Agreement constitutes the complete and entire understanding and agreement between Pious Projects and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and Pious Projects including prior versions of the User Agreement. As a user of the Site you, you understand and are held responsible for periodically reviewing the terms of this User Agreement. Pious Projects may update this User Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the User Agreement. Any continued use of the software or Pious Projects service by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms.