DAC Terms of Service
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Date of Last Revision: 12th November 2020
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), DAC, Inc. provides (a) the DAC platform to you through its website at www.DAC.com and attendant mobile applications (the “DAC Platform”) and related services (collectively, the DAC Platform, including any new features and applications, the “DAC Services”), and (b) the DAC Charity platform to charities through its website at www.charity.DAC.com (“GFM Charity Platform”), the DAC Charity widget (“GFM Charity Widget”) and the related services of both the GFM Charity Platform and GFM Charity Widget (collectively, the GFM Charity Platform and GFM Charity Widget, and related services, the “GFM Charity Services”). If you are a campaign organiser (as defined below), beneficiary of a campaign, comment contributor or donor (collectively referred to herein as a “User”) located in the United States, you are contracting with DAC, Inc., Missouri, United States. If you are a User located outside of the United States but not in Australia, you are contracting with DAC Ireland, Ltd. If you are a User located in Australia, you are contracting with DAC Australia. For the purposes of the following Terms of Service, “DAC”, “we”, “us”, “our” and other similar terms shall refer to the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE DAC SERVICES OR GFM CHARITY SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify parts of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
Access and Use of the Services
DAC Services Description: The DAC Services are offered as a platform to allow an individual, entity or charity (the “Campaign Organiser”) to post a fundraising campaign (“Campaign”) to the DAC Platform to accept monetary donations (“Donations”) from donors (“Donors”).
GFM Charity Services Description: The GFM CharityServices are offered as a platform to enable a Campaign Organiser to accept Donations from Donors for a charitable purpose. This means that, in connection with GFM Charity, either the Campaign Organiser or Beneficiary must be a charitable organisation and established as such under the applicable laws of incorporation (“Charities”). For example, in the United States, the Campaign Organiser for GFM Charity Services must be a 501(c)(3), (c)(4) or other non-profit organisation, raising funds for a charitable purpose.
Payment Processor Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees apply (hereinafter and on the website referred to as “Payment Processor Fees”). To learn more about the DAC Platform, the DAC Charity Platform and applicable Payment Processor Fees for each, visit How DAC Works.
The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. DAC facilitates the Campaign of the Campaign Organisers and permits Donors to make donations to these Campaign Organisers. DAC is not a broker, agent, financial institution, creditor or 501(c)(3) non-profit corporation.
All information and content provided by DAC relating to the Services is for information purposes only and DAC does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
DAC has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.
No Solicitation: The DAC and GFM Charity Platforms (collectively “Platforms”) are offered to help Campaign Organisers raise money. DAC merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by DAC, and DAC does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organisation. By using the Services, you understand and agree that DAC shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign or event.
Donors: All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. DAC is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at https://DAC.com. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign to alert our team of this potential issue and we will investigate. If you are a donor, you may also be covered by the DAC Guarantee. Policy details are located at https://DAC.com.
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- DAC makes no representation as to whether all or any portion of your Donations, including any Payment Processor Fees, are tax deductible or eligible for tax credits. DAC will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterisation on any applicable tax return of any Donation by you, any User or any Charity. You should consult a tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
For donors making donations to Charities, please see the state non-profit disclosures for those charities at Dac for> Charities. Specifically, certain states require written disclosures for Charities soliciting contributions.
Campaign Organiser: You, as a Campaign Organiser, represent, warrant and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorise DAC, and DAC reserves the right to provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorised to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (e.g. the Internal Revenue Code in the United States or the Income Tax Act in Canada); or (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organisation database or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities.
Your Registration Obligations: You may be required to register with DAC in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Campaign Organisers must register using their true identities (or the identities of the Charities’ authorised representatives), including their name, address and any image or video purporting to depict the Campaign Organiser or the Beneficiary of such campaign. You agree to keep registration details current and up-to-date.
The GFM Charity Services include the features and services described here. All donations are subject to a Payment Processor Fee for each donation. Donors have the option to cover all Payment Processor Fees at checkout.
- Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.
- If Donations are refunded to the Donor by PayPal Giving Fund and PayPal Giving Fund already remitted payment to the Charity, PayPal Giving Fund will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable Charity. The applicable Charity expressly agrees that it will be responsible for paying PayPal Giving Fund the full amount of any Donation refunded due to a Donor. PayPal Giving Fund may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation.
- If such Donations were made through WePay, the Charity has control over the Donations and Charity rather than DAC, and is responsible for issuing refunds and handling chargebacks directly with Donors.
- You acknowledge that certain data available or otherwise accessible on or by means of the Services concerning the list of United States-based 501(c)(3) charities to which you may make a Donation is provided by GuideStar USA, Inc. (“GuideStar”), a third-party licensor of GFM Charity. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and DAC, you acknowledge and agree that GuideStar (and its successors and assigns) is an intended third-party beneficiary with full power and authority to enforce the provisions of these Terms only insofar as it relates to data provided by GuideStar (the “GuideStar Data”). You agree that DAC may share any information provided by you to GuideStar to the extent that GuideStar reasonably needs such data to enforce its rights related to your use of any GuideStar Data.
- If you are the authorised representative of a Charity and you do not wish for your Charity to appear in DAC’s searchable database, you may contact us at firstname.lastname@example.org to request that your Charity be removed from our database. Your email should include your title, full name and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the DAC database, it will not be eligible to receive contributions through either of the Platforms.
- Receiving Funds. As a Charity, receipt of Donations, minus any applicable Payment Processor Fees, is based upon and subject to the applicable Processor’s procedures and terms, and credit card processor’s terms. Available Processors are described under “Donors” below. DAC is not a payment processor and does not hold funds.
- DAC does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
- Canadian Charities.
- Official Donation Receipts. Charities in Canada have the option of appointing GFM Charity to issue official Donation receipts on the Charity’s behalf for Donations to the Charity through the GFM Charity Services. Charities that do so understand and acknowledge that the Charity is responsible under the Income Tax Act to ensure that all receipts are issued in compliance with applicable laws. A Charity may at any time rescind its appointment of GFM Charity in this capacity, at which time GFM Charity will immediately cease issuing receipts on behalf of the Charity.
- Required Information. Charities in Canada that appoint GFM Charity to issue receipts on their behalf must provide GFM Charity with the following information, and must notify GFM Charity immediately of any changes to the information below:
- Current head office address as recorded with the Canada Revenue Agency;
- Name of representative duly authorised by the Charity to sign official Donation receipts;
- Reproducible .jpeg image of signature of authorised representative that can be affixed to official Donation receipts;
- A description and the fair market value of any and all prizes, rewards or other benefits provided to Donors in respect of Donations to the Charity through the GFM Charity Services, which shall be used to determine the eligible amount of the gift for receipting purposes. For greater certainty, the value of any such benefits shall be subtracted from the fair market value of property gifted to the Charity to determine the eligible amount of the gift.
- Representation of GFM Charity. Subject to the obligations of the Charity set out herein and in particular paragraph 4 below, GFM Charity represents and warrants that, when applicable, it will issue tax receipts in accordance with the requirements of the applicable Canadian law.
- Reliance on Information Provided. GFM Charity will rely wholly on the information provided by the Charity or its representatives in order to prepare official Donation receipts, as well as information supplied to it by Donors when making Donations. GFM Charity is not responsible for verifying any information it is provided with by the Charity, any representative of the Charity or any Donor. The Charity acknowledges this and agrees that GFM Charity shall not be responsible for any incorrect information included on an official Donation receipt, or for any tax or regulatory consequences resulting from the provision of incorrect information by the Charity, any representative of the Charity or any Donor.
- All Canadian registered charities are subject to record-keeping obligations under Canadian law. Each Canadian Charity is responsible for ensuring that it maintains such records as are required under Applicable Law. This includes a requirement to maintain copies in Canada of all official Donation receipts issued, and records to verify Donations received. A Canadian Charity can select to have GFM Charity copy the Charity on all emails sent to Donors on the Charity’s behalf which contain an official Donation receipt. Each Charity can also access Donation reports and copies of all official Donation receipts issued on that Charity’s behalf by logging on to GFM Charity Services, and can print these documents manually. Canadian Charities can also access reconciliation reports from WePay pursuant to WePay’s Terms of Service.
- Form of Receipt. A Charity on behalf of which GFM Charity issues official Donation receipts may at any time request a copy of the form of receipt being issued and may direct GFM Charity to revise the form of receipt as necessary to ensure compliance with Applicable Laws.
Ownership of Donor Lists and Data
- DAC Platform. With respect to DAC and Charity using the DAC Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes.
Taxes: It is your responsibility to determine which taxes, if any, apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DAC of any unauthorised use of your password or account or any other breach of security; and (b) sign out from your account at the end of each session when accessing the Services. DAC will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: DAC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Content Manifestly Made Public by the User.
Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that DAC will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to DAC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right (through multiple tiers) and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sub-license the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against DAC and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.
You acknowledge and agree that DAC may retain Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such retention or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property or personal safety of DAC, its users or the public.
Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by DAC to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means of “opting out” of receiving further communications of a similar nature.
Promotions on the DAC Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstake or similar activity (each, a “Promotion”) on or through the DAC Services.
Promotions on the GFM Charity Platform: You are not permitted to offer any Promotion on the DAC Charity Platform without our prior written consent. You may seek permission by sending an email to email@example.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered; (c) you may not use the our intellectual property in the rules or any other materials relating to the Promotion without our express written permission; (d) such Promotion does not require making a Donation as the only way to enter; (e) you are responsible for the marketing of the Promotion, and that such Promotion is not marketed to anyone under either the age of 18 or the age of majority for the jurisdiction in which you reside, whichever age is older; (f) prizes, rewards, give-aways or incentives are not intended to be items available for purchase; and (g) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to publicise on GFM Charity Services: (i) DAC does not sponsor or endorse the Promotion; (ii) DAC does not guarantee the delivery of any reward, incentive or other prize offered by you; (iii) each participant or entrant in the Promotion releases DAC from any and all liability; and (iv) all questions concerning the Promotion must be directed to you and not to DAC.
Events on the GFM Charity Platform: GFM Charity Services enables Charities to offer and users to register for events, such as marathons, walks, rides, and other similar events (collectively, “Events”) which may require a registration fee, as determined by the organisers of these events (“Event Organisers”). Event Organisers may establish a page on the GFM Charity Platform which gives details about their Event and provides the ability to collect Event registration fees through GFM Charity Services. Event Organisers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers and ensuring such Event complies with applicable law. Event Organisers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds.
- Event Organisers that use the GFM Charity Services to process Event registrations agree to pay DAC a Payment Processor Fee for each Event registration as set forth in our Charity pricing section
- Receipt of Registration Fees. Receipt of registration fees, minus any applicable Payment Processor Fees, is based upon and subject to the payment processor’s procedures and terms, and the credit card processor’s terms.
- DAC does not withhold funds for tax purposes or otherwise. Event Organisers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
- Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the GFM Charity Services. All refunds for event registrations are handled by Event Organisers. DAC is not responsible for handling or communicating an Event Organiser’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organiser to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organiser concerning a refund. Event Organisers agree to deal exclusively with Event registrants concerning refunds.
Data Retention: You acknowledge that DAC has no obligation to you to retain data relating to any account or Campaign. You acknowledge that DAC reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by Charities on either Platform, in which case DAC will provide reasonable notice where possible.
Mobile DAC Services: The DAC Services include certain features that may be made available via a mobile device, including the ability to (i) upload User Content to the DAC Platform, (ii) browse the DAC Platform, and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access Mobile Services, your mobile network’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your network service provider and not all Mobile Services may work with all providers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your DAC account information to ensure that your messages are not sent to the person who acquires your old number.
You are solely responsible for complying with all applicable law in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the Campaign which you organise, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by DAC. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, a User or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, at our sole discretion, deem relevant to our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Notwithstanding the foregoing, you agree:
- not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilise in connection with the Services;
- any election campaigns that are not run by a registered organisation within the supported country;
- User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited or forbidden by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or similar), pyramid schemes, ‘get rich quick schemes’ (i.e. investment opportunities or other services that promise high rewards), network marketing and referral marketing programmes, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift vouchers, or sweepstakes;
- User Content that we deem, at our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity or serious disabilities or diseases;
- Campaigns that we deem, at our sole discretion, to be for the legal defence of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, serious disabilities or diseases or financial crimes or crimes of deception;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the sale of items before the seller has control or possession of the item;
- collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to by-pass or otherwise circumvent the designated method of payment as provided by DAC;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
- publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
- sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- unauthorized sale or resale of brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Campaign description;
- any other activity that DAC may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
- any other activity that DAC may deem in its sole discretion to be unacceptable.
- not to use the Services to transmit or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation; or (vi) in the sole judgment of DAC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose DAC or its users to any harm or liability of any type;
- not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- not to harvest, collect or publish personally identifiable information of others;
- not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
- not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party; or
- not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
- not create any liability for DAC or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- not to engage in any conduct that, in DAC’s sole judgment and at DAC’s sole discretion, restricts or inhibits any other user from using or enjoying the Services;
- not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks DAC uses to provide the Services;
- not to gain unauthorised access to the Services, or any account, computer system, or network connected to these Services, by any unauthorised or illegal means;
- not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
- not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms which is expressly permitted;
- not to, on the GFM Charity Platform, engage in advertising or commercial solicitation of any product or service without DAC’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
- transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
- attempt to indirectly undertake any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
- not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by DAC from time to time;
- to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for DAC to verify compliance with these Terms of Service and make such records available to DAC upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations or governmental authority; and
- at DAC’s request, including without limitation in case of investigations by DAC, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
DAC reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or DAC, or that expose you, DAC, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide DAC with information regarding their credit card or other payment method (“Payment Method”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and guarantee DAC that such information is true and that you are authorised to use the applicable Payment Method. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless DAC, at its sole discretion, agrees to issue a refund, for example in accordance with the DAC Guarantee. DAC uses third-party payment processing partners to invoice you by your Payment Method and Billing Account for any Donations made and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, WePay, Inc., Stripe, Inc., Adyen LLC, PayPal, Inc. and PayPal Giving Fund), in addition to these Terms of Service, including WePay’s terms of service, Stripe’s terms of service, Adyen’s terms of service, PayPal’s terms of service and PayPal Giving Fund’s terms of service.
Recurring Donations: Donors may have the option to contribute recurrent Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Instalment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions are renewed automatically and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorise DAC to charge your Payment Method the amount of the applicable Donation Instalments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Instalments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Method, such as a change in your billing address or credit card expiry date). Changes to or termination of Donation Subscriptions or Donation Instalments will only apply to Donation Instalments that take place after DAC receives notice of such change or termination. DAC does not provide refunds of any amounts received in connection with previously made Donation Instalments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Instalment are the sole responsibility of, and at the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g. the applicable Campaign Organiser or Charity), (b) individual Donation Instalments may not be tax deductible, even if previous Donation Instalments for the same Donation Subscription were, and the amount of each Donation Instalment that is tax deductible may vary, (c) one or more specific Donation Instalment may not be delivered to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept Donations or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by DAC or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Instalment to the next (e.g. if the Payment Processer fees associated with the Donation Instalment change).
Your non-termination of a Donation Subscription reaffirms that DAC is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.
Campaign Organisers, Beneficiaries or Charities
Account Holds: From time to time, DAC may, at its sole discretion, place a hold on a Campaign account (a “Hold”), restricting Withdrawals (defined herein), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organiser is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by DAC at its sole discretion) should be provided directly to a person other than the Campaign Organiser (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organiser), (iii) if we have reason to believe that a Campaign or Campaign Organiser has violated these Terms of Service, (iv) if DAC determines that the Campaign Organiser is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org.
Withdrawing Donations from a Campaign: While DAC endeavours to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and DAC does not guarantee that Withdrawals will be available to you within any specific time frame, and DAC expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organiser, are responsible for ensuring that the information you provide to DAC in order to process a Withdrawal, including your bank account details, is accurate and up to date. DAC may, at any time, for any reason, without notice, and at its sole discretion, offer or issue a refund of Donation(s) with or without consulting you, which may comprise the total amount donated to your campaign. DAC is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by DAC issuing refunds, including, but not limited to, transaction or overdraft fees.
Payment Processors for Charities
DAC has joined up with PayPal Giving Fund and WePay to make raising money and donating to Charities easy and seamless. All Charities in the U.S. have the option of using PayPal Giving Fund or WePay to process Donations made through the Services (PayPal Giving Fund is the default choice). The manner in which transactions are processed is explained below. Currently, all Event registrations are processed through PayPal Giving Fund or WePay, depending on which payment processor the Event Organiser has chosen to use. Charities in Canada are required to use WePay to process Donations.
- When WePay processes a Donation through the Services, the Donation will go directly from the Donor to the charity’s WePay merchant account. Donations will appear on the Donor’s credit card statement under the name of the charity to which they contributed. See WePay Terms of Service for more information.
GFM Charity Widget
- Use the GFM Charity Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
- Place the GFM Charity Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise inappropriate, as determined by us at our sole discretion; or
- Use the GFM Charity Widget in any manner that prevents the end users of your website from linking directly to the application page of our GFM Charity Services.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including in relation to online conduct and acceptable content.
Apple-Enabled Software Applications
DAC offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- DAC and you acknowledge that these Terms of Service are concluded between DAC and you only, and not with Apple, and that as between DAC and Apple, DAC, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be DAC’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- DAC and you acknowledge that DAC, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between DAC and Apple, DAC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to DAC as follows:
DAC and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that DAC enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by DAC in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. DAC may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.
Intellectual Property Rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other intellectual property rights and laws. Except as expressly authorised by DAC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part. The foregoing does not apply to your own User Content that you upload to the Services legally. In connection with your use of the Services, you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by DAC from accessing the Services (including by having your IP address blocked), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of DAC, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by DAC.
The DAC name and logos are trademarks and service marks of DAC (collectively the “DAC Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to DAC. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DAC Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of DAC Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will DAC be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that DAC does not pre-screen User Content, but that DAC and its designees will have the right (but not the obligation) at their sole discretion to refuse, remove or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit such User Content including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing or otherwise making available any User Content or any portion thereof, in connection with the Services, you hereby grant and will grant DAC and its affiliated companies and users a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless DAC and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licences, waivers and releases from such person(s) for the benefit of DAC in a manner fully consistent with the licences, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licences, waivers and releases set forth herein (or DAC’s exploitation thereof) and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, DAC is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Copyright Complaints: DAC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify DAC of your infringement claim in accordance with the procedure set forth below.
DAC will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DAC’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, DAC will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, DAC has adopted a policy of terminating, in appropriate circumstances and at DAC’s sole discretion, users who are deemed to be repeat infringers. DAC may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites/Services
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). DAC has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and DAC is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that DAC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that DAC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources, and you agree that DAC is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify on demand and hold DAC and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that DAC has the right to conduct its own defence of any claims at its own discretion and that you will indemnify DAC for the costs of its defence (including, but not limited to legal fees). If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party”. If you are a resident of another jurisdiction – in or outside of the United States – you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAC AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DAC AND ITS AFFILIATES MAKE NO GUARANTEE OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DAC NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF DAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DAC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action (Group Litigation) Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable US federal, state or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration“). Our current address for Notice is: DAC, Inc., Attention: Legal Department, 855 Jefferson Avenue, PO Box 1329, Redwood City, CA 94063. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration has been received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) US $10,000.00.
Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions (Group Litigations). YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (CLAIMANT) OR CLASS MEMBER (GROUP LITIGANT) IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class (group litigation) proceeding.
- Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
- If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors and insurance providers.
You agree that DAC, at its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and DAC will have no liability or responsibility with respect thereto. DAC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and DAC and govern your use of the Services, superseding any prior agreements between you and DAC with respect to the Services. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and DAC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California. The failure of DAC to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of DAC, but DAC may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or physical mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. DAC may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganisation or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent DAC from complying with the law. DAC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
At DAC, we respect the privacy of our users. For details please see our Privacy Notice. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge DAC’s collection and use of personal information as described in the Privacy Notice.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.