PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT
You must agree to the Terms in order to use the Site and/or the Service. If you use the Site and/or the Service, or click to accept or agree to the Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of the Terms and your agreement to all of its terms and conditions. By accepting the Terms or using the Site and/or the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept the Terms, then you may not use the Site or the Service. If you are using the Site or the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to the Terms. If you do not have such authority, then you may not use the Site or the Service on behalf of your employer and you must discontinue all use of the Site and the Service immediately.
- Our Services. The purpose of the Service is to use blockchain technology to enable third party nonprofit entities (each, a “Charity”) to receive donations and provide transparency and accountability to their donors by sharing financial information and direct project results in real time. We are a technology platform provider and are not responsible for the use of your donations or the amount of funds raised for your charity, campaign, or event. As a 501(c)(3) organization ourselves, BitGive Foundation does accept donations on the Bitgivefoundation.org website.
- Provision of the Service. You are responsible for any Internet connection, data and telecommunications fees and charges that you incur when accessing the Site and the Service. Our services includes certain services that are available via a mobile device; downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. By using our mobile app, 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 our mobile app may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person that acquires your old number. You acknowledge and agree that BitGive may make changes to the Site and/or the Service at any time without notifying you in advance.
- Charity Terms. Any Charity that creates an account and solicits donations through the Services is subject to the following additional terms: Charity Fundraising. By raising funds through the Services, you and the Charity that you represent agree that you and the Charity will comply with all applicable Federal, state and local solicitation and/or fundraising laws, and you further represent and warrant that: (a) you are the authorized representative of the Charity with the authority: (i) to solicit donations for the Charity; and (ii) to bind the Charity to these Terms; (b) the Charity has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (b) the Charity has a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (c) all donated funds will be used solely for the purpose you have stated on the Services, and under no circumstances may you use the funds for any other purpose.
Campaigns. Any campaign that you post on the Site must comply with applicable law and the terms set forth in Section 8 of these Terms. Any project that is posted may not be removed once a donation has been made.
Pricing. BitGive may, from time to time, modify, amend, or supplement its fees and billing procedures, and such changes shall be effective immediately upon posting an update of the Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, BitGive shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES, INCLUDING DONATIONS TO BITGIVE, ARE NON-REFUNDABLE IN WHOLE OR IN PART. BitGive is not a bitcoin exchange or wallet service and does not receive, hold or exchange digital currencies on behalf of any Charity. BitGive 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.
- Donor Terms. Any individual, entity or organization that creates an account and donates funds through the Services (“Donor”) is subject to the following additional terms:
Donor's Risk. All donations are at your own risk. When you make a donation to a Charity, it is your responsibility to understand how your money will be used. We do not warrant that donations will be used for any particular purpose and are not responsible for any misuse of the donations. BitGive is not responsible for any offers or promises made by a Charity in exchange for Donations.
No Gift Restrictions. Donors are not permitted to impose restrictions on the use of donations by a Charity. To the extent that a donation is made in response to a specific campaign of a Charity, or to the extent that a Donor purports to direct the use of donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all donations will be used.
Donor Commitments. By donating money through the Services, you represent and warrant that (a) any donation you make is legal in your jurisdiction and that you are authorized to donate bitcoin; (b) all donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (c) donations will be made via third party digital currency wallet providers not associated with BitGive and BitGive does not collect, store, or transmit any digital currency that you may donate; and (d) all donations are final and non-refundable.
Tax Deductions. BitGive makes no representation as to whether all or any portion of your donations are tax deductible or eligible for tax credits. BitGive will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you. You should consult your tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, if any.
- BitGive reserves the right to deny service to any person or entity at BitGive's sole and absolute discretion. You acknowledge and agree that BitGive may stop providing the Site and/or the Service or restrict your use of the Site and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of the Terms and/or if BitGive suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If BitGive disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
- Accounts and Security.
- Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself or your company as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to BitGive will be correct, accurate, and up to date and that you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify BitGive immediately if you become aware of any unauthorized use of your password or of your account.
- Account Sharing or Transfers. Accounts are registered to individual donors or nonprofits and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. An account may not be shared. Passwords may not be disclosed to anyone else.
- Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by clicking on “Contact Us” in the footer of the GiveTrack site or by emailing [email protected] to submit a request to our support team.
- Termination by BitGive. BitGive may at any time terminate your account for any reason or no reason including, without limitation, if:
- BitGive determines that you are (a) in breach of or otherwise acting inconsistently with the Terms or (b) engaging in fraudulent or illegal activities or other conduct that may result in liability to BitGive;
- BitGive determines it is required by law to terminate your account; or
- BitGive decides to stop providing the Service or critical portions of the Service in the country where you reside, access the Site or use the Service or BitGive determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.
- Effect of Account Termination or Cancellation. If you voluntarily terminate your account or allow your account to lapse, you will be able to reactivate that account at any time through the account interface on the Site. Accounts terminated by BitGive for any type of abuse including, without limitation, a violation of the Terms, may not be reactivated for any reason. If you are blocked by us from accessing the Site or Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Termination of a Charity account will not result in the removal of any campaign for that Charity from the Site.
- Restrictions and Conditions of Use.
- Use of the Site. BitGive permits users to view and use the Site solely for personal or nonprofit use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Site or through the Service.
- Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site or any mobile application provided by BitGive. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site or the Service.
- No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Use Restrictions. You may not connect to or use the Site or the Service in any way that is not expressly permitted by the Terms.
- You may not: (a) remove any proprietary notices from the Service; (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or the Service; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of BitGive; or (d) make any false, misleading or deceptive statement or representation regarding BitGive and/or the Site or the Service.
- Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service (or any servers, systems, or networks connected to the Site or the Service) or otherwise attempt to obstruct, disrupt, or interfere with the operation of the Site and/or the Service or any other person's or entity's use of the Site and/or the Service (or any servers, systems or networks connected to the Site or the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Site and/or the Service; (iii) use the Site or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Site or the Service, unless you are specifically authorized to do so in a separate written agreement with BitGive; (iv) use the Site or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming, or impersonates any other person or entity, or steals or assumes any person's identity (whether a real identity or online nickname or alias); (D) violates any applicable law, ordinance, rule, regulation or treaty or (E) in BitGive’s sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying our Site or Service, or which may expose us or our users to any harm or liability of any type.
- No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, any personal information of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or the Service, whether through the use of a network analyzer, packet sniffer, or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.
- Violation of the Terms. You acknowledge and agree that you are solely responsible, and BitGive has no responsibility or liability to you or any other person or entity, for any breach by you of the Terms or for the consequences of any such breach.
- Links from the Site. The Site may contain links to websites operated by other parties. BitGive provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of BitGive and BitGive is not responsible for the content available on the other websites. Such links do not imply BitGive’s endorsement of information or material on any other website and BitGive disclaims all liability with regard to your access to and use of such linked websites.
- Links to the Site. Unless otherwise set forth in a written agreement between you and BitGive, you must adhere to BitGive’s linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with BitGive's and/or its licensors' names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with BitGive; and (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site. BitGive reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Digital Currency Wallets.
- The Service includes features that operate in conjunction with certain third party digital currency wallets that you visit ("Wallet Features"). While your use of the Wallet Features is governed by the Terms, your access and use of the digital currency wallets and the services provided by such digital currency wallet providers is governed by those providers' terms of service and other agreements, including any fees imposed by such providers. It is impossible for BitGive to determine in each case whether your use of the Wallet Features would cause you to violate or breach the terms of service and/or other agreements of such digital currency wallet providers. You understand and acknowledge that your use of the Wallet Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites and/or mobile applications which could result in the termination of your account and ability to access these third party websites and/or mobile applications and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE WALLET FEATURES AND THAT BITGIVE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE WALLET FEATURES.
- BitGive is not responsible for any funds that a Charity receives or holds in a wallet or otherwise. Each Charity is responsible for following the instructions provided by the wallet provider and transacts with the Wallet Features at its own risk.
- Intellectual Property.
- Trademarks. The BitGive and GiveTrack marks are trademarks of BitGive. Unless permitted in a separate written agreement with BitGive, you do not have the right to use any of BitGive’s trademarks, service marks, or logos; and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. You acknowledge and agree that BitGive, or its licensors, owns all right, title and interest in and to the Site and the Service, including all intellectual property, industrial property and proprietary rights recognized a