DEVELOPING MINDS FOUNDATION CORPORATION
"IN HONOR OF FUND"
FAQs AND TERMS OF USE & CONDITIONS
FREQUENTLY ASKED QUESTIONS – FAQs
1. What is an “In Honor of Fund”?
An “In Honor of Fund” (a “Fund”) is a method for friends and supporters of the Owner to raise money for the benefit of Owner and its ongoing operations so that the Owner can keep track of the amounts raised in the name of our friend or supporter. Although the term “Fund” is used, no separate “fund” or “account” is being established or kept separate or segregated.
All moneys delivered to Owner in the name of the Fund shall be solely owned, controlled and used by the Owner. Owner shall not, (and Owner has no obligation to), establish a separate bank account for any user’s Fund and any funds deposited in, or paid to a user’s Fund, constitutes the sole property of Owner, will be commingled in Owner’s other moneys as Owner may determine from time to time, will not be designated separately in any financial statements of the Owner and shall not be segregated or separated from Owner’s other moneys.
No portion of the moneys deposited in the name of the user’s Fund shall be made available to, or used by, the user or any donor. All funds deposited into the user’s Fund shall be available for immediate use, in the absolute discretion of the Owner, to fund the Owner’s operations and/or for other capital needs of the Owner.
2. What is a Fund Site?
A Fund Site is a webpage website that can be used by our donors, friends and supporters of the Owner to assist the Owner in raising funds for the Owner’s ongoing operations and other capital needs. The Owner and Thirdsite retain 100% ownership, respectively, of the Fund and the Fund site.
3. How is the money used that is raised through a Fund or Fund Site?
100% of the funds raised through the Fund Site are used for the Owner’s ongoing operations and other capital needs. No portion of the funds that are raised is paid to, or otherwise belongs to, the person that sets up the Fund Site.[1]
4. Is there any cost in setting up a Fund and a Fund Site?
There is no set up cost for the user to set up the Fund or the Fund Site. Any nominal costs to set up or maintain the Fund and Fund Site are paid by the Owner.
5. May I upload my picture or a video with an appeal for donations for the Owner?
Yes, although any pictures or videos that you desire to upload to the Fund site must be screened and approved by the Owner for content before posting on your Fund Site. Owner reserves the right to reject any picture or video that does not comply with the Owner’s internal standards.
6. What are the technical restrictions for uploading a picture or a video to a Fund Site?
Photos must be of relatively high quality and be larger than 300x300 pixels. Videos must be no longer than 4:30 minutes, and must be less than 25MB (optimally less than 15MB). If you have trouble reducing your video to the required MB, try downloading a free site called Handbrake, or e-mail us at info@levitypartners.com, and ask us if we can help you reduce the video’s MB count.
7. Are the funds raised through the Fund Site kept in a segregated account?
No, any funds raised though a Fund Site will be commingled with the moneys of the Owner and will be used by the Owner to pay for ongoing operations and other capital needs, including, without limitation, the cost of this website and any Fund site.
8. Do I have any right to designate how the funds which are raised through the Fund and/or the Fund site are used?
No. The Owner retains the absolute right to use the funds raised through the Fund and/or the Fund Site without your consent or approval. However, all funds raised from the Fund and/or the Fund Site will only be used for the Owner’s operations or other capital needs, including the cost of this website.
9. How can I monitor how much has been raised through the Fund and/or the Fund Site?
Thirdsite will keep track of the amount of any funds contributed to Owner that references your Fund and/or Fund site and Owner will provide you with an update of the total amount raised under your Fund or Fund site on this website or via email from time to time.
10. Are these funds deposited into an endowment fund or a “donor advised fund”?
No. The money deposited in the name of the Fund or through the Fund site belongs to the Owner without restrictions of any kind whatsoever. These funds may be used by the Owner at any time for its operations and capital needs.
11. Will the donors receive a tax deduction for their gifts?
The Owner does not provide tax advice to anyone. Please consult your tax advisor to determine the answer to your question. Any donation to the Fund and/or through the Fund site belongs to the Owner.
12. Can I receive a receipt for my donation to a Fund?
Yes. When you give a donation to a Fund or through a Fund website, Thirdsite or the Owner will provide an email receipt to the email address which is provided by the donor on the Fund website.
See Terms and Conditions for additional information regarding the In Honor of Fund and the Fund sites.
USERS "IN HONOR OF FUND" - TERMS & CONDITIONS
This website and each Fund site is the sole property of Developing Minds Foundation Corporation (“Owner”) and is offered for use to you, the donor, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this website and each Fund site, both as a visitor, a donor, a user and as a gift-giver, constitutes your agreement to all such terms, conditions and notices.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS.
Use of This Site
Thirdsite maintains this website and each Fund site for Owner’s use in raising funds for its ongoing operations and for any other capital needs of Owner from time to time. You should assume everything you see or read on the website is the property of Thirdsite and/or Owner and their licensers or partners. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of Owner. Each reference to the “websites” shall mean a reference to Thirdsite, the site containing these Terms and Conditions of Use, FAQs, and Sign Up Page, and each Fund site established through Thirdsite.
Rights of Owner & Thirdsite (O&T)
O&T have the right to:
Change the Terms and Conditions of Use
O&T reserve the right to change the Terms and Conditions of Use at any time and without prior notice to the user; provided that any funds provided by a donor prior to the date of such change will continue to be used in the manner set forth in these Terms and Conditions. Such changes will be effective only when they are posted to the Terms and Conditions of Use section of one or both of the websites.
Modify and Discontinue
O&T reserve the right to modify or discontinue the websites and/or any Fund site at any time without notice.
Publish, (or cease to publish), reproduce, use, adapt and manipulate all materials posted on the websites and/or any Fund site.
Correct any errors, inaccuracies or obvious omissions in the materials on the websites and/or any Fund site without prior notice to the users
Send email communications about the service to anyone who has created an account or given a gift.
Shut the websites and/or any Fund site down or suspend access to the website for the purpose of improving, maintaining or altering it or as otherwise required by law
Terminate the use of the website on not less than 7 days' notice, unless required by law
Terminate a donor’s site's unique URL (web address), and the associated site, on not less than 7 days' notice, unless required by law, in the event the O&T offers such service to any donor
Refuse to accept P.O. Boxes as an acceptable form of mailing address for users
Void any charges that appear to be fraudulent or done in error
Nature of User’s In Honor of Fund Site
Owner has established a method for users to establish an “In Honor of Fund” in their name and to establish a “Fund site”, in each case, with the O&T in order to assist the user to raise money for the benefit of Owner and its ongoing operations. Although the term “In Honor of Fund” is used, no separate “fund” or “account” is being established or segregated. All moneys delivered to Owner in the name of the Fund shall be solely owned, controlled and used by the Owner. Owner shall not, and Owner has no obligation to, establish a separate bank account for any user’s Fund and any funds deposited in, or paid to a user’s Fund, constitutes the sole property of Owner, will be commingled by Owner in Owner’s other funds as Owner may determine from time to time, will not be designated separately in any financial statements of the Owner and shall not be segregated or separated from Owner’s other moneys. Owner reserves the right to use any moneys deposited in the name of any user or any user’s Fund for Owner’s sole use to fund the ongoing operations of Owner or to fund any other capital needs of Owner from time to time. No user of the websites or any Fund site shall have any legal, beneficial, equitable or other rights or claims in and to any of the funds deposited into user’s Fund or to user’s Fund site with Owner. The user’s Fund is not a “donor advised fund” or a private or public foundation or an endowment fund. No portion of the moneys deposited in the name of the user’s Fund shall be made available to, or used by, the user. All funds deposited into the user’s Fund shall be available for immediate use, in the absolute discretion of the Owner, to fund the Owner’s operations and/or for other capital needs of the Owner.
User Registration and Termination of User’s Fund
Users attest that all information provided in the registration process is true and accurate. Owner may, at any time, and at its sole discretion, terminate the user’s Fund without prior notice. In addition, if a user’s Fund has not been operated or had no transactions for over a continuous period of three (3) months, then, Owner has the right to close such Fund, or the account, without any prior notice to the user. Owner is not obligated to save any data, information or materials being deleted from a user’s Fund, or the Fund website, and shall not be liable to anyone for loss of such data, information or materials as a consequence of the deletion.
Submission of Your Content
By submitting and/or posting any material to the websites or any Fund website (collectively, “Content”), you automatically grant to O&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that disparages Owner or is not consistent with the mission, values and purpose of Owner; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Although we periodically review the Content posted on our site, Owner does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Owner reserves the absolute right to screen and reject any and all user Content at any time. However, Owner is not responsible for screening or monitoring material posted/sent by users. If Owner becomes aware of any Content that allegedly does not conform to these Terms and Conditions of Use, Owner may investigate the Content and determine in good faith, in its sole discretion, whether to remove or request the removal of the Content. Owner has no liability or responsibility to you for performance or nonperformance of such activities. Owner reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Currency
Owner is based in the USA and operates with US dollars as its primary currency. If a gift-giver is donating funds with a non-US credit card, they may be subject to currency exchange fees levied by their credit card company; this has nothing to do with Owner. Any concerns about exchange fees and rates should be directed to your credit card company.
Large Donations and Pending Credit Card Purchases
O&T reserve the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift-givers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.
Refunds
Gift Errors: Once a gift-giver has confirmed and processed their gift, there is no refund immediately possible. O&T have sole discretion to determine the validity of a return/cancellation request. We operate under the assumption that the gift-giver is willingly depositing a gift into the Owner’s account for the Owner’s sole use, and has had optimal opportunity during the steps of checkout to review and confirm their order, and therefore a refund should not be necessary. However, if a gift-giver believes that there has been a system error (not a human error) in the amount of the gift, the gift-giver should contact info@developingmindsfoundation.org immediately. In most cases, if the gift-giver would like the charge reversed, the gift-giver will be responsible for paying the credit card fees associated with processing the return.
Chargebacks and Disputes
By using the website, you are waiving your rights to chargebacks. You, the gift-giver, are willingly depositing a gift into the account of the Owner for the Owner’s sole use. There should be no dispute about the validity of a charge, as this is a system of one-time purchases, without auto-renewals or anything else that might cause you to receive an unfamiliar charge (the only exception being for non-US credit cards that could incur a foreign transaction fee from your card issuer), and said gift is purchased and given of your own free will.
Termination
You agree that Owner may terminate your use of the websites if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Owner or any third party, or for any reason with or without notice to you. Owner also has the right to terminate (ie. delete) your Fund and/or your Fund site, if it goes unused for more than three months from the date it was created. You agree that Owner will not be liable to you or any third party as a result of such modification or discontinuation.
Closing Your Fund
At any time, you may close your Fund and/or your Fund site by notifying the Owner via email at
info@developingmindsfoundation.org.
Deleting Your Fund
At any time, users have the ability to request Thirdsite and/or Owner to delete their Fund site. Deleting a user’s Fund site removes the Fund, the Fund site and eliminates it from both the search and directory. The URL (web address) now becomes available for future use by another user.
Liability Disclaimer
Your use of the websites is at your risk. Owner does not warrant or represent that our Content is accurate, error-free or reliable or that your use of such material will not infringe rights of third parties. Owner does not warrant or represent that the functional aspects of the website will be error free or that the websites or the server that makes it available are free of viruses or other harmful components. If your use of the websites or our Content results in the need for servicing or replacing property, material, equipment or data, Owner is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OWNER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THE WEBSITES, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER O&T NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITES AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
This agreement is governed by the internal laws of the State of Florida without regard to conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner as a result of this agreement or use of the websites. Owner's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Owner's right to comply with law enforcement requests or requirements relating to your use of the websites or information provided to or gathered by Owner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Owner, with respect to the websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Owner, with respect to the websites. A printed version of this agreement and of any notice given in electronic form shall 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. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the websites are registered and unregistered trademarks of Owner and others. Nothing contained on the websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the websites without the written permission of Owner or such third party that may own the Trademarks displayed on the websites. Your misuse of the Trademarks displayed on the websites, or any other Content on the websites, except as provided herein, is strictly prohibited.
Copyright
All Content included on the websites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Owner or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the websites is the exclusive property of Owner and protected by U.S. and international copyright laws. All software used on the websites is the property of Owner or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on the websites is strictly prohibited.
Copyright Infringement
Owner respects the intellectual property rights of others. Accordingly, Owner has a policy of terminating, in appropriate circumstances, the account of any user who repeatedly posts infringing material on the Fund site.
Indemnity
You agree to defend, indemnify, and hold harmless Owner, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of the websites or our Content or your breach of these Terms and Conditions. Owner shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Password
You will receive a password in connection with your use of the websites. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
Our Contact Information
Developing Minds Foundation Corporation
1101 Brickell Avenue
South Tower, 8th Floor
Miami, FL 33131
© 2015 Developing Minds Foundation Corporation
By using the services provided by O&T, you acknowledge that you
have read our Terms and Conditions of Use, and those of Thirdsite, and agree to them.
[1] The sole exception may be employees of Owner that set up their own pages to raise money for the foundation. Those employees will be paid in the regular course of business, out of Owner’s overall operating budget, which is comprised of all funds donated, in all different manners, to Owner.
"IN HONOR OF FUND"
FAQs AND TERMS OF USE & CONDITIONS
FREQUENTLY ASKED QUESTIONS – FAQs
1. What is an “In Honor of Fund”?
An “In Honor of Fund” (a “Fund”) is a method for friends and supporters of the Owner to raise money for the benefit of Owner and its ongoing operations so that the Owner can keep track of the amounts raised in the name of our friend or supporter. Although the term “Fund” is used, no separate “fund” or “account” is being established or kept separate or segregated.
All moneys delivered to Owner in the name of the Fund shall be solely owned, controlled and used by the Owner. Owner shall not, (and Owner has no obligation to), establish a separate bank account for any user’s Fund and any funds deposited in, or paid to a user’s Fund, constitutes the sole property of Owner, will be commingled in Owner’s other moneys as Owner may determine from time to time, will not be designated separately in any financial statements of the Owner and shall not be segregated or separated from Owner’s other moneys.
No portion of the moneys deposited in the name of the user’s Fund shall be made available to, or used by, the user or any donor. All funds deposited into the user’s Fund shall be available for immediate use, in the absolute discretion of the Owner, to fund the Owner’s operations and/or for other capital needs of the Owner.
2. What is a Fund Site?
A Fund Site is a webpage website that can be used by our donors, friends and supporters of the Owner to assist the Owner in raising funds for the Owner’s ongoing operations and other capital needs. The Owner and Thirdsite retain 100% ownership, respectively, of the Fund and the Fund site.
3. How is the money used that is raised through a Fund or Fund Site?
100% of the funds raised through the Fund Site are used for the Owner’s ongoing operations and other capital needs. No portion of the funds that are raised is paid to, or otherwise belongs to, the person that sets up the Fund Site.[1]
4. Is there any cost in setting up a Fund and a Fund Site?
There is no set up cost for the user to set up the Fund or the Fund Site. Any nominal costs to set up or maintain the Fund and Fund Site are paid by the Owner.
5. May I upload my picture or a video with an appeal for donations for the Owner?
Yes, although any pictures or videos that you desire to upload to the Fund site must be screened and approved by the Owner for content before posting on your Fund Site. Owner reserves the right to reject any picture or video that does not comply with the Owner’s internal standards.
6. What are the technical restrictions for uploading a picture or a video to a Fund Site?
Photos must be of relatively high quality and be larger than 300x300 pixels. Videos must be no longer than 4:30 minutes, and must be less than 25MB (optimally less than 15MB). If you have trouble reducing your video to the required MB, try downloading a free site called Handbrake, or e-mail us at info@levitypartners.com, and ask us if we can help you reduce the video’s MB count.
7. Are the funds raised through the Fund Site kept in a segregated account?
No, any funds raised though a Fund Site will be commingled with the moneys of the Owner and will be used by the Owner to pay for ongoing operations and other capital needs, including, without limitation, the cost of this website and any Fund site.
8. Do I have any right to designate how the funds which are raised through the Fund and/or the Fund site are used?
No. The Owner retains the absolute right to use the funds raised through the Fund and/or the Fund Site without your consent or approval. However, all funds raised from the Fund and/or the Fund Site will only be used for the Owner’s operations or other capital needs, including the cost of this website.
9. How can I monitor how much has been raised through the Fund and/or the Fund Site?
Thirdsite will keep track of the amount of any funds contributed to Owner that references your Fund and/or Fund site and Owner will provide you with an update of the total amount raised under your Fund or Fund site on this website or via email from time to time.
10. Are these funds deposited into an endowment fund or a “donor advised fund”?
No. The money deposited in the name of the Fund or through the Fund site belongs to the Owner without restrictions of any kind whatsoever. These funds may be used by the Owner at any time for its operations and capital needs.
11. Will the donors receive a tax deduction for their gifts?
The Owner does not provide tax advice to anyone. Please consult your tax advisor to determine the answer to your question. Any donation to the Fund and/or through the Fund site belongs to the Owner.
12. Can I receive a receipt for my donation to a Fund?
Yes. When you give a donation to a Fund or through a Fund website, Thirdsite or the Owner will provide an email receipt to the email address which is provided by the donor on the Fund website.
See Terms and Conditions for additional information regarding the In Honor of Fund and the Fund sites.
USERS "IN HONOR OF FUND" - TERMS & CONDITIONS
This website and each Fund site is the sole property of Developing Minds Foundation Corporation (“Owner”) and is offered for use to you, the donor, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this website and each Fund site, both as a visitor, a donor, a user and as a gift-giver, constitutes your agreement to all such terms, conditions and notices.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS.
Use of This Site
Thirdsite maintains this website and each Fund site for Owner’s use in raising funds for its ongoing operations and for any other capital needs of Owner from time to time. You should assume everything you see or read on the website is the property of Thirdsite and/or Owner and their licensers or partners. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of Owner. Each reference to the “websites” shall mean a reference to Thirdsite, the site containing these Terms and Conditions of Use, FAQs, and Sign Up Page, and each Fund site established through Thirdsite.
Rights of Owner & Thirdsite (O&T)
O&T have the right to:
Change the Terms and Conditions of Use
O&T reserve the right to change the Terms and Conditions of Use at any time and without prior notice to the user; provided that any funds provided by a donor prior to the date of such change will continue to be used in the manner set forth in these Terms and Conditions. Such changes will be effective only when they are posted to the Terms and Conditions of Use section of one or both of the websites.
Modify and Discontinue
O&T reserve the right to modify or discontinue the websites and/or any Fund site at any time without notice.
Publish, (or cease to publish), reproduce, use, adapt and manipulate all materials posted on the websites and/or any Fund site.
Correct any errors, inaccuracies or obvious omissions in the materials on the websites and/or any Fund site without prior notice to the users
Send email communications about the service to anyone who has created an account or given a gift.
Shut the websites and/or any Fund site down or suspend access to the website for the purpose of improving, maintaining or altering it or as otherwise required by law
Terminate the use of the website on not less than 7 days' notice, unless required by law
Terminate a donor’s site's unique URL (web address), and the associated site, on not less than 7 days' notice, unless required by law, in the event the O&T offers such service to any donor
Refuse to accept P.O. Boxes as an acceptable form of mailing address for users
Void any charges that appear to be fraudulent or done in error
Nature of User’s In Honor of Fund Site
Owner has established a method for users to establish an “In Honor of Fund” in their name and to establish a “Fund site”, in each case, with the O&T in order to assist the user to raise money for the benefit of Owner and its ongoing operations. Although the term “In Honor of Fund” is used, no separate “fund” or “account” is being established or segregated. All moneys delivered to Owner in the name of the Fund shall be solely owned, controlled and used by the Owner. Owner shall not, and Owner has no obligation to, establish a separate bank account for any user’s Fund and any funds deposited in, or paid to a user’s Fund, constitutes the sole property of Owner, will be commingled by Owner in Owner’s other funds as Owner may determine from time to time, will not be designated separately in any financial statements of the Owner and shall not be segregated or separated from Owner’s other moneys. Owner reserves the right to use any moneys deposited in the name of any user or any user’s Fund for Owner’s sole use to fund the ongoing operations of Owner or to fund any other capital needs of Owner from time to time. No user of the websites or any Fund site shall have any legal, beneficial, equitable or other rights or claims in and to any of the funds deposited into user’s Fund or to user’s Fund site with Owner. The user’s Fund is not a “donor advised fund” or a private or public foundation or an endowment fund. No portion of the moneys deposited in the name of the user’s Fund shall be made available to, or used by, the user. All funds deposited into the user’s Fund shall be available for immediate use, in the absolute discretion of the Owner, to fund the Owner’s operations and/or for other capital needs of the Owner.
User Registration and Termination of User’s Fund
Users attest that all information provided in the registration process is true and accurate. Owner may, at any time, and at its sole discretion, terminate the user’s Fund without prior notice. In addition, if a user’s Fund has not been operated or had no transactions for over a continuous period of three (3) months, then, Owner has the right to close such Fund, or the account, without any prior notice to the user. Owner is not obligated to save any data, information or materials being deleted from a user’s Fund, or the Fund website, and shall not be liable to anyone for loss of such data, information or materials as a consequence of the deletion.
Submission of Your Content
By submitting and/or posting any material to the websites or any Fund website (collectively, “Content”), you automatically grant to O&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that disparages Owner or is not consistent with the mission, values and purpose of Owner; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Although we periodically review the Content posted on our site, Owner does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Owner reserves the absolute right to screen and reject any and all user Content at any time. However, Owner is not responsible for screening or monitoring material posted/sent by users. If Owner becomes aware of any Content that allegedly does not conform to these Terms and Conditions of Use, Owner may investigate the Content and determine in good faith, in its sole discretion, whether to remove or request the removal of the Content. Owner has no liability or responsibility to you for performance or nonperformance of such activities. Owner reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Currency
Owner is based in the USA and operates with US dollars as its primary currency. If a gift-giver is donating funds with a non-US credit card, they may be subject to currency exchange fees levied by their credit card company; this has nothing to do with Owner. Any concerns about exchange fees and rates should be directed to your credit card company.
Large Donations and Pending Credit Card Purchases
O&T reserve the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift-givers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.
Refunds
Gift Errors: Once a gift-giver has confirmed and processed their gift, there is no refund immediately possible. O&T have sole discretion to determine the validity of a return/cancellation request. We operate under the assumption that the gift-giver is willingly depositing a gift into the Owner’s account for the Owner’s sole use, and has had optimal opportunity during the steps of checkout to review and confirm their order, and therefore a refund should not be necessary. However, if a gift-giver believes that there has been a system error (not a human error) in the amount of the gift, the gift-giver should contact info@developingmindsfoundation.org immediately. In most cases, if the gift-giver would like the charge reversed, the gift-giver will be responsible for paying the credit card fees associated with processing the return.
Chargebacks and Disputes
By using the website, you are waiving your rights to chargebacks. You, the gift-giver, are willingly depositing a gift into the account of the Owner for the Owner’s sole use. There should be no dispute about the validity of a charge, as this is a system of one-time purchases, without auto-renewals or anything else that might cause you to receive an unfamiliar charge (the only exception being for non-US credit cards that could incur a foreign transaction fee from your card issuer), and said gift is purchased and given of your own free will.
Termination
You agree that Owner may terminate your use of the websites if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Owner or any third party, or for any reason with or without notice to you. Owner also has the right to terminate (ie. delete) your Fund and/or your Fund site, if it goes unused for more than three months from the date it was created. You agree that Owner will not be liable to you or any third party as a result of such modification or discontinuation.
Closing Your Fund
At any time, you may close your Fund and/or your Fund site by notifying the Owner via email at
info@developingmindsfoundation.org.
Deleting Your Fund
At any time, users have the ability to request Thirdsite and/or Owner to delete their Fund site. Deleting a user’s Fund site removes the Fund, the Fund site and eliminates it from both the search and directory. The URL (web address) now becomes available for future use by another user.
Liability Disclaimer
Your use of the websites is at your risk. Owner does not warrant or represent that our Content is accurate, error-free or reliable or that your use of such material will not infringe rights of third parties. Owner does not warrant or represent that the functional aspects of the website will be error free or that the websites or the server that makes it available are free of viruses or other harmful components. If your use of the websites or our Content results in the need for servicing or replacing property, material, equipment or data, Owner is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OWNER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THE WEBSITES, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER O&T NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITES AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
This agreement is governed by the internal laws of the State of Florida without regard to conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner as a result of this agreement or use of the websites. Owner's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Owner's right to comply with law enforcement requests or requirements relating to your use of the websites or information provided to or gathered by Owner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Owner, with respect to the websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Owner, with respect to the websites. A printed version of this agreement and of any notice given in electronic form shall 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. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the websites are registered and unregistered trademarks of Owner and others. Nothing contained on the websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the websites without the written permission of Owner or such third party that may own the Trademarks displayed on the websites. Your misuse of the Trademarks displayed on the websites, or any other Content on the websites, except as provided herein, is strictly prohibited.
Copyright
All Content included on the websites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Owner or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the websites is the exclusive property of Owner and protected by U.S. and international copyright laws. All software used on the websites is the property of Owner or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on the websites is strictly prohibited.
Copyright Infringement
Owner respects the intellectual property rights of others. Accordingly, Owner has a policy of terminating, in appropriate circumstances, the account of any user who repeatedly posts infringing material on the Fund site.
Indemnity
You agree to defend, indemnify, and hold harmless Owner, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of the websites or our Content or your breach of these Terms and Conditions. Owner shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Password
You will receive a password in connection with your use of the websites. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
Our Contact Information
Developing Minds Foundation Corporation
1101 Brickell Avenue
South Tower, 8th Floor
Miami, FL 33131
© 2015 Developing Minds Foundation Corporation
By using the services provided by O&T, you acknowledge that you
have read our Terms and Conditions of Use, and those of Thirdsite, and agree to them.
[1] The sole exception may be employees of Owner that set up their own pages to raise money for the foundation. Those employees will be paid in the regular course of business, out of Owner’s overall operating budget, which is comprised of all funds donated, in all different manners, to Owner.
