Terms of Service

By using the Giving Impact web site, widgets, API, or other modules (individually or collectively, the “Service”) provided by Minds On Design Lab Inc. (“MOD-Lab”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

MOD-Lab may modify the Terms of Service and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Terms of Service.

Violation of any of the terms below will result in the termination of your Account.

General

  1. You must be 18 years or older to sign up for the Service.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. You are responsible for obtaining permission to open an account as a representative of any subscribing organization.
  4. You or your organization must be a valid 501(c)(3) and must be able to provide legal documentation as proof upon MOD-Lab request.
  5. No illegal activity of any kind is allowed on the Service.
  6. You are responsible for any and all use of the Service.
  7. You are responsible for all User Creations (as defined below) posted and activity that occurs under your account.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. Technical support is only provided to paying account holders and is only available via email.
  10. MOD-Lab may review your account at any time, for any reason.
  11. MOD-Lab may modify the fees for the service with two weeks notice to affected account holders.
  12. You understand that MOD-Lab may and does use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology (“Third Party Providers”) to run the Service.

Intellectual Property

The content provided on the Service, except all User Creations (as defined below), including without limitation, the text, software, code, scripts, graphics, photos, sounds, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MOD-Lab, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and Account use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MOD-Lab reserves all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content.

User Creations

User Creations defined as any content, code, graphics, photos, and the like entered by you into the Service. You shall be solely responsible for your own User Creations and the consequences of posting or publishing them. In connection with User Creations, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such creations and authorize MOD-Lab to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Creations to enable inclusion and use of the User Creations in the manner contemplated by the Service or entity in the User Creation to use the name or likeness of each and every such identifiable individual person or entity to enable inclusion and use of the User Creations in the manner contemplated by the Service and these Terms of Service. You retain all of your ownership rights in your User Creations. By submitting the User Creations to MOD-Lab, you hereby grant MOD-Lab a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Creations in connection with the Service.

Security

  1. You are responsible for maintaining the security of your account and password, and MOD-Lab is not liable for any damages that may result from a failure to keep your password and account information secure.
  2. You are responsible for the handling of Donor related content and information outside the Service, and MOD-Lab is not liable for any damages that may result from a failure to keep Donor related information secure.

Billing

  1. You are required to maintain a valid credit card on file.
  2. Your credit card will be billed once a month for your subscription fee and any transaction charges. You have two weeks to review the bill and request corrections. Accommodation of correction requests after two weeks are at MOD-Lab’s discretion.

Account

  1. Your account may be terminated for any violation of these Terms of Service, at MOD-Lab’s discretion.
  2. MOD-Lab may terminate any account that is determined to be involved in anything fraudulent.
  3. Any verbal or written abuse directed towards a MOD-Lab partner, employee, or account holder will be grounds for immediate account termination.
  4. MOD-Lab does not claim any intellectual property rights over the content you put into the Service.
  5. You may cancel your account at any time by emailing support@givingimpact.com.
  6. Canceling your account will result in the deletion of all account data. This information can not be recovered once your account is cancelled.
  7. MOD-Lab will send you one final invoice after cancellation for any unpaid transaction fees. There is no pro-rated refund or discount provided when an account is cancelled.

Disclaimers

  1. MOD-Lab is not liable for changes to the Service, Service fee changes, or any effects of the suspension or termination of your account.
  2. MOD-Lab, and its directors, officers, employees, and agents makes no warranty, express or implied, with respect to the services rendered by its personnel or Third Party Providers or the results obtained from their work, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. In no event shall MOD-Lab be liable for consequential, incidental, special, or indirect damages, or for acts of negligence that are not intentional or reckless in nature, regardless of whether it has been advised of the possibility of such damages.
  3. USER ACKNOWLEDGES THAT MOD-LAB AND ITS THIRD PARTY PROVIDERS DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. ACCORDINGLY, MOD-LAB, ITS OFFICERS AND EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO CLIENT, TO ANY OF CLIENT’S CUSTOMERS, TO ANY PERSON OR ENTITY TO WHOM OR TO WHICH THE SERVICES SHALL BE PROVIDED.
  4. User and its subsidiaries and affiliates, will defend, indemnify and hold MOD-Lab, and the subsidiaries and affiliates of MOD-Lab, Third Party Providers of MOD-Lab, and their directors, officers, employees, and agents harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action arising out use of the Service.

This Terms of Service

  1. Any changes made to the Service are covered under these Terms of Service.
  2. MOD-Lab will update and change the Terms of Service from time to time, and you are encouraged to review it for changes.
  3. You can always find the most recent version of the Terms of Service at http://givingimpact.com/terms.
  4. Questions about the Terms of Service should be sent to support@givingimpact.com.

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