TERMS & CONDITIONS
THE TERMS AND CONDITIONS HEREIN MUST BE READ CAREFULLY BEFORE CONTINUING OR USING THE SERVICES WITHIN THE CHARHUB PLATFORM (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
CharHub, LLC (“Charhub,” “we,” “us,” “our,” “The Charity Hub”, or the “Company”) welcomes you (“you”, “your” in reference to “User” as defined below). We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including www.charhub.org (the “Website” and collectively with any such other platforms (the “Platform”).
Capitalized terms not defined in these Terms & Conditions shall have the meaning set forth in our Policy.
DESCRIPTION AND USE OF SERVICES
Charhub helps contributors easily locate tax-exempt charitable organizations through access of our network and Services, and enables these charities to quickly create crowdfunding/fundraising campaigns for the purpose of their cause.
We provide Visitors, Registered Users, and Charity Representative Users (collectively referred to as “Users” as defined below) with access to the Services as described in this Agreement.
VISITORS. Visitors, as the term implies, are people who don’t register to use the Services, but want to browse the Website and/or Platform to see what the Services are all about. No login is required for Visitors. Visitors can: (a) view all publicly-available content; (b) access and/or submit content to certain third-party applications (for example, social media sharing) (the “Third-Party Applications”); (c) contact the Company for customer support via e-mail; (d) communicate directly with Charity Representative Users; and (e) register to create an account to contribute to charities, and/or create charity profiles where applicable.
REGISTERED USERS (“Contributors”). Login is required for all Registered Users, who can do all the things that Visitors can do, and: (a) let others know what charities are of interest to them; (b) contribute to the charities of their choosing; (c) submit testimonials and reviews of their experience in using the Services; (d) communicate directly with Charity Representative Users; (e) update their accounts; and (f) sign up for Charhub’s newsletter, alerts, and other notifications.
CHARITY REPRESENTATIVE USERS (“Project Creator”, “Campaign Creator”, “Charity”, “Charitable Organization”). Each charity is permitted to designate an official representative to manage its Charhub profile, who can do all the things that Registered Users can do, and: (a) update basic information about the applicable charity; (b) create updates on the charity’s page about its current events, causes, and fundraisers; and (c) create multiple campaigns under the name of their charity to feature certain events or needs. For purposes of this Agreement, unless otherwise herein stated, the term “Registered User” or “User” shall hereby include Charity Representative Users, Visitors and Registered Users (as defined above) or any individual accessing the Platform or using its Services.
CAMPAIGNS AND PROJECTS (“Campaigns”, “Projects”). “Campaigns” and “Projects” are two different terms used interchangeably to refer to campaigns created by Charity Representative Users on the Platform as per Charhub’s Services. Campaigns contain: (a) basic descriptions, overviews, and information about a charity and its purpose, (b) updates about fundraising and crowdfunding efforts, (c) photos, videos, and any other pertinent media or information about the charitable organization that a User wishes to display in order to gain Contributions.
CONTRIBUTIONS (“Contributions”, “Funds”, “Donations”). Contributions refer to any money transferred between Users through Company Services or the Platform. All Contributions are subject to Processing fees as outlined in our Processing Policy.
Charhub’s PROCESSING POLICY (“Processing Policy”) can be seen at the following link: www.charhub.org/processing
It is understood that in using the Services, the Company is under no obligation to accept any individual or organization as a User, and may accept or reject any registration or use in its sole and complete discretion. In addition, the Company may deactivate any account, campaign, project, membership, or subscription, at any time and for any reason, with or without prior notice to the User, including, without limitation, if it determines that a User has violated this Agreement.
USE OF THIRD PARTY APPLICATIONS. Use of Third Party Applications including, but not limited to, any brand of social media, payment processor, and/or any other non-Company affiliated brand, network, or service, is at the sole discretion of the User and relieves CharHub, LLC, and its administrators, affiliates, owners, employees, associates, and heirs, of any responsibility associated with their use.
CHARITABLE GIVING. The campaigns/projects (“Campaigns”, “Projects”) featured on the Platform are screened and verified, to the best of the Company’s ability, to be made by charitable and tax-exempt organizations to which Users can make tax-deductible charitable contributions. However, the Company cannot guarantee the full authenticity of these organizations as being nonprofit or tax-exempt as defined by law and is not liable for any misrepresentation or misinformation submitted by these Users, or the misappropriation or peculation of funds before, during, or after they are contributed to them through use of the Company’s Services or Platform. It is the sole responsibility of all Users to verify the authenticity of the Charity Representative Users, and Projects, prior to contributing to them. It is the sole responsibility of the Users to not only verify the receiver of their contributions (“Donations”), but also to report to the Company any suspected misuse or misinformation found on the Platform or within the Services by way of emailing customer support at firstname.lastname@example.org. In addition to the Services described above, the Company permits Contributors to donate directly to certain charitable organizations (“Charities”, “Charity”) through the Projects, Platform, and Services; it is advisable that Users ask the Charity to send them a receipt of this transaction as a proof of charitable contribution, in addition to the receipt they will receive by default from their provider; but is not mandatory for a Charity to do this. Any donation a User makes to a Charity through the Platform will be subject to a Services fee as described in the Company’s Processing Policy. By using the Platform and Services, you understand and acknowledge that CharHub, LLC is not a charity or nonprofit organization.
THE SERVICES ARE A PLATFORM; WE ARE NOT A FINANCIAL INSTITUTION, CREDITOR, BROKER, OR CHARITABLE INSTITUTION. The Services are an administrative platform only. CharHub, LLC facilitates the Donation transaction between Charities, Users, and Contributors, but is not a party to any agreement between Users. The Company (and its affiliates) is not a broker, agent, financial institution, creditor or insurer for any User. The Company has no control over the conduct of, or any information provided by, a User or a Charity, and CharHub, LLC hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
The Company does not guarantee that a Project, Charity, or User will obtain a certain amount of Donations, or even any at all. The Company does not personally endorse any Project, User, or Charity, and makes no guarantee, explicit or implied, that any information provided through the Services by a User is accurate. We expressly disclaim any liability or responsibility for the success of any Project or User, or the outcome of any fundraising purpose. You, as a User, must make the final determination as to the value and appropriateness of contributing to any Project, User, or Charity; and conduct all transactions with other Users responsibly.
We do not and cannot verify the information that Users supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Project, Charity, or User. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Users, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms & Conditions, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy within our Policies. If you have reason to believe that a User is falsifying information, or is not raising or using the funds for their stated purpose, please email customer support at email@example.com to alert our team of this potential issue and we will investigate.
As a User, you represent, warrant, and covenant that (i) all information provided in connection with a Project is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any User; (ii) all Donations contributed to your Project will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your Project; and (iv) 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 authorize CharHub, LLC, and CharHub, LLC reserves the right to, provide information relating to your Project with Contributors, Users, and beneficiaries of your Project, and with law enforcement to assist in any investigation.
Charhub’s community (the “Community”), like any community, functions best when its users follow a few simple rules. By accessing and/or using the Services, you agree to comply with these community rules, including when you access Third-Party Applications through the Platform, and that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, knowingly false, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another;
- You will be courteous, and respectful, understanding that showing respect to others makes the community better for all members;
- You will not spam or use the Services to engage in any solicitations not in keeping with Charhub’s guidelines;
- You will not impersonate any person, charity, entity, or organization; or falsely state or otherwise misrepresent your affiliation with a person, charity, entity, or organization;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services; and
- You will let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we will review it (provided, however, that the Company may not be able to and shall not be required to monitor or remove any content submitted through a Third-Party Application).
We reserve the right, in our sole and absolute discretion, to deny you access to the Services and/or contents of the Platform, or any portion of the Services, with or without notice, and to remove any content that does not adhere to these guidelines.
PERMITTED & PROHIBITED USES
PERMITTED USES. Users may access and use such portions of the Platform for which neither registration nor a fee is required as set forth herein. Certain areas within the Platform may be accessed by Users, but only after registering with the Website and providing the information requested through the registration process. Without limiting the foregoing, if Users wish to create a Campaign, they must register with Charhub. Fee-based features or services, such as features and services associated with “Charhub Premium” (collectively, “Fee-Based Products” or “Services”) may be accessed by registering and paying the applicable fees for such Fee-Based Products, as established by the Company. Users may access and use the Platform and Services for the following purposes (collectively, “Permitted Uses”):
- to submit Campaigns and fundraisers for the procurement of Contributions for a nonprofit charitable organization for which the User legally or officially represents;
- to contribute Funds to Campaigns;
- to learn more, review, or exchange information about specific nonprofit organizations or general issues of interest to the nonprofit community and Contributors;
- to learn about nonprofit organizational Campaigns for the purposes of evaluating them as recipients of charitable donations including Contributions and grants;
- to investigate nonprofit entities for purposes of providing goods or services to them or for entering into other types of business relationships with them;
- to conduct comparative or other “best practices” research purposes;
- to fulfill business or organizational missions of making charitable donations to nonprofit entities;
- for a Users own internal business use; and
- in the case of governmental agencies, performing regulatory or research functions related to nonprofit entities;
- anyone desiring to access or fully use the Services must be willing to register with the Website, and adhere to the strict rules outlined within these Terms; especially those that pertain to Users maintaining honest and transparent information concerning their identity and Campaign content;
- Users may download and print information from the Platform in connection with the Permitted Uses. Charhub reserves all rights not expressly licensed.
PROHIBITED USES. Users may not:
- use the Platform for the benefit of any third party, other than as part of a Permitted Use;
- modify information from the Platform except in connection with a Permitted Use;
- republish or distribute information from the Website without the Company’s express written consent;
- take any action that would interfere with or impede the operation of the Platform, or alter the contents of the Website, or alter or interfere with any other content, site or software that the Company owns or controls;
- directly or indirectly, recompile, change, reframe, sell, rent, publish, or distribute any of the Website, any database thereon and/or any content thereon, or any portion thereof;
- use any robots, data mining or similar data gathering and extraction methods with respect to the Platform or any portion thereof;
- decompile, disassemble, decode, or otherwise reverse engineer the Platform, including, without limitation, any interfaces or software programs comprising the Platform; or
- use the Platform directly or indirectly in competition with the Company in any way whatsoever.
Charhub reserves the right, for any reason and with or without notice, in its sole discretion, to suspend, change, interrupt, or terminate access, in whole or in part, to the Platform and/or Services. The Company further reserves the right to impose registration, password and other security precautions on access to and use of the Platform and/or Services.
USER ACTIVITY. Only one individual may access the Platform and Services at a time using the same username and password. Users are directly responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under their username or password. If the User is an entity or governmental agency, they are responsible for all activities that occur under the usernames and passwords of their authorized users.
USER RESPONSIBILITY. Users are responsible for ensuring that no unauthorized person will have access to their username, password or account. It is the User’s sole responsibility to monitor and control access to and use of their username, password and account. User’s username, password and account are not transferable. Users grant the Company and all other persons and entities involved in the operation of the Platform and Services the right to transmit, monitor, store, retrieve and use their information in connection with the operation of the Platform and Services. Users agree to (a) immediately notify customer support at firstname.lastname@example.org of any unauthorized use of their username, password or account or any other breach of security, and (b) ensure that the User exits from their account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from a User’s (or any authorized users’) failure to comply with the provisions of this Agreement.
Charhub reserves the right, for any reason and with or without notice, in its sole discretion, to suspend, change, interrupt, or terminate access, in whole or in part, to the Platform and/or Services. The Company further reserves the right to impose registration, password and other security precautions on access to and use of the Platform and/or Services.
MINOR ACCESS. The Services are available for individuals aged 13 years or older. Users 13 or older, but under the age of 18, should review this Agreement with a parent or guardian to make sure that the contents of this Agreement are fully understood and held in compliance.
CAMPAIGNS AND FUNDS. To ensure compliance with the policies of the Platform’s governing payment gateways certain limitations may be enforced, including, but not limited to, (a) Contributors may not transfer more than $2,000 per transaction/checkout; (b) No more than 4 payments per contributor can be made for the same project; (c) Project Creators are bound to a project duration of 90 days or less; (d) Each Project Creator can create a maximum of 4 projects annually; (e) Project rewards/incentives must be free of cost; and (f) Each Project Creator cannot have more than 2 active projects at any given time.
EMBARGOES AND SANCTIONS. All countries listed with PayPal Global may be accepted as Users. Unacceptable countries would include the countries embargoed and/or on the US economic sanction list. All nonprofit organizations will be assessed for compliance with Company Policies, Terms, and restrictions; and may be denied use of the Services if found noncompliant. Users are not guaranteed membership, access, or use of the Services and are subject to scrutiny by the Company prior to use of the Services.
SPAM. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk notifications or email in connection with any messaging service made available through the Services. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, Users will be asked to create an account, which includes a sign-in username (“Sign-In Name” or “Username”), a password (“Password”), and perhaps certain additional information that will assist in authenticating the User’s identity when logging-in in the future (“Unique Identifiers”). When creating a User account, Users must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one Registered User. Users are solely responsible for the confidentiality and use of their Username, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. Users will promptly inform the Company of any need to deactivate a Password or Username, or change any Unique Identifier. The Company reserves the right to delete or change a User’s Password, Username, or Unique Identifier at any time and for any reason. The Company will not be liable for any loss or damage caused by any unauthorized use of a User’s account.
CONTENT. The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Users have no rights in or to the Content, and will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from the Company. Users must retain all copyright and other proprietary notices contained in the original Content. Users may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, other than through the Third-Party Applications, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and/or the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
TRADEMARKS. The trademarks, service marks, and logos of the Company (“Charhub Trademarks”) used and displayed on the Platform and within its Services are registered and unregistered trademarks or service marks of Charhub, LLC. Other company, product, and service names located on the Platform or within Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Charhub Trademarks, the “Trademarks”). Nothing on the Platform or within the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of Charhub Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
USER SUBMISSIONS; LICENSES
USER CONTENT. As noted above, the Services provide Visitors and Registered Users the ability to post and upload user content (“User Content”). Users expressly acknowledge and agree that once they permit their User Content to be viewed by others, it will be accessible and viewable by them.
Users retain all copyrights and other intellectual property rights in and to their own User Content. Users do, however, hereby grant us a non-exclusive, royalty-free, perpetual, transferable, sublicensable license to modify, compile, combine with other content and data, copy, record, synchronize, format, and index their User Content and display, perform, commercialize, and make it available to others in all media now known or hereafter devised, including, without limitation, through the Platform and Services.
If you submit User Content to us, each such submission constitutes a representation and warranty to the Company that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by the Company does not and will not violate our community guidelines.
You understand and agree that, as part of your use of the Platform and Services, the Company may send to you certain notifications or communications from time to time, including, but not limited to, (a) product announcements, such as announcements concerning upgrades, modifications and/or enhancements to the Platform or Services offered by Charhub; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the Platform or Services; (c) subscription-related announcements, such as notification of impending subscription expirations and opportunities to upgrade subscriptions; and (d) other administrative updates. You further understand and agree that your agreement to receive such communications is a condition to your use of the Services, and that you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the Platform or Services, shall be subject to this Agreement.
NO WARRANTIES; LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CAMPAIGNS, PROJECTS, USER PROFILES, ACCOUNTS, MEMBERSHIPS, SUBSCRIPTIONS, REVIEWS, RATINGS, OR FINANCIAL DATA), OR THE USER CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE, AND UNDERSTAND, THAT YOU USE THE CONTENT, SERVICES, PLATFORM, THIRD PARTY APPLICATIONS, AND THE USER CONTENT, AT YOUR OWN RISK; AND RELEASE CHARHUB, LLC, AND ITS ASSOCIATES, AFFILIATES, EMPLOYEES, OWNERS, AND HEIRS, NOW AND HENCEFORTH, OF ANY AND ALL LIABILITY OUTLINED WITHIN THESE TERMS & CONDITIONS, IN THEIR ENTIRETY; AND UNDERSTAND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED AS A RESULT OF USING THE CONTENT, SERVICES, PLATFORM, THIRD PARTY APPLICATIONS, AND THE USER CONTENT.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR THE USER CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT, THE USER CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT, THE USER CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, USER CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS CONTAINED WITHIN THE SERVICES, AGREEMENT, OR PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT SUBMITTED BY OUR USERS; NOR ARE WE LIABLE FOR ANY MISAPPROPRIATION, FRAUDULENT OR UNLAWFUL USE OF USER FUNDS AS A RESULT OF USING OUR SERVICES; NOR ARE WE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR INACCURACY OF USER CONTENT; NOR THE MORAL OR ETHICAL REPRESENTATION OF SUCH CONTENT.
ALTHOUGH USERS MAY BE ABLE TO MAKE TAX-DEDUCTIBLE CONTRIBUTIONS THROUGH USE OF OUR SERVICES, AND VARIOUS STATEMENTS MAY BE MADE TO THAT EFFECT ON OUR PLATFORMS, MARKETING, AND/OR ADVERTISING, WE DO NOT CLAIM KNOWLEDGE OF TAX LAW NOR DO WE OFFER ANY SUCH GOVERNING ADVICE TO OUR USERS THAT MAY AFFECT OR GUIDE THEIR TAX RECORDS AND/OR SPENDING PRACTICES. BY USING CHARHUB’S SERVICES USERS ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR FOLLOWING ALL STATE AND FEDERAL LAWS REGARDING TAXES AND PROPER USE OF FUNDS. WE CANNOT BE HELD RESPONSIBLE FOR ANY UNLAWFUL CONDUCT, KNOWN OR UNKNOWN, PUT FORTH BY OUR USERS THROUGH USE OF OUR SERVICES, PLATFORM, OR OTHERWISE.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Users should contact the site administrator or webmaster for those External Sites if there are any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Users deciding to access linked External Sites, understand that they do so at their own risk.
REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) You hereby represent, warrant, and covenant that:
You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
You shall not submit to the Services any User Content that violates our community guidelines set forth above; and you acknowledge that
By submitting material (including, but not limited to, any photos, text, video or other content) to the Community, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via the Community, Campaigns, comments, reviews or any other feature of the Platform or Services, you grant us, and anyone authorized by us, including, without limitation, our affiliates, a perpetual, unlimited, irrevocable, worldwide, royalty-free, transferable, non-exclusive and unrestricted license to use, modify, reproduce, publish, archive, display, sell, exploit, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to the Community, including, but not limited to, rights under trademark copyright or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, share, distribute, or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of notice or compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address, username or screen name, as we or they deem appropriate. We also reserve the right, in our sole discretion, (but assume no obligation) to edit, move, or delete any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or any other reasons. You understand that the technical processing and transmission of the Services, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the User Content, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding in defence against any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
OTHER USERS. We cannot and do not review every posting made in any chat rooms, forums, comments, reviews and other areas available for public postings our Platform and Services may provide. It is possible that our Users will read any given posting before anyone within the Company does. These areas often include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, or the compliance to our Community Guidelines or Permitted Uses, of any posting, regardless of whether the posting comes from a User or from a member of our staff. By using the Services you understand and acknowledge that the Company is not liable for any damages incurred from User Content, nor is it liable for any Content that violates the Community Guidelines or Permitted Uses set forth within this Agreement.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content and/or the User Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, Services, Content, or User Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason with or without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
CharHub, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.
CLAIMED INFRINGEMENT. If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our designated agent with notice in accordance with the requirements of the Digital Millennium Copyright Act (the “Act”). For the receipt of any Notification of Claimed Infringement which may be given under that Act, you must notify the Company in writing (either via electronic mail or by certified or registered mail to Charhub, Notice: Claimed Infringement, 4845 Fenner Rd., Troy, OH 45373) or email email@example.com, and include (i) a description of the copyrighted work that has been infringed, with the specific location (including URL) on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
FINANCIAL AND LEGAL ADVICE. The information on the Platform is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Before you act on any information you have found on the Platform, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF THE PLATFORM, SERVICES, OR ANY MATERIAL OTHERWISE PROVIDED BY THE COMPANY.
ENDORSEMENTS. Charhub does not endorse, sanction, support, or verify the information or material on or accessible via the Platform. Unless otherwise specifically indicated, the Company does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Platform, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods and services provided by our advertisers or others to whose sites we link.
USER CONTENT. You are solely responsible for the information you upload and/or post to the Platform. You are advised not to upload, or share the contents of, Schedule B (List of Contributors) with the Form 990 for a public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload or provide. The Company reserves the right to refuse any document. In addition, the Company has the right to terminate any document at any time for any reason. The Company and its affiliates make no representations or warranties of any kind, whether expressed or implied, regarding any of the documents on the Platform. The Company will not be held liable for any damages.
CAMPAIGNS. The Company reserves the right to create campaigns on behalf of existing charitable organizations, with or without their notice or permission. A Campaign created by the Company does not constitute an endorsement or advertisement of any kind. Contributions given to these campaigns, as well as all Content, are the rightful property of the charitable organization featured in the Campaign. Any Contributions not claimed by the Charity will be held in escrow for up to 90 days. The Company will attempt to contact the Charity to have the funds transferred to their possession. If contact, or arrangements for the funds, cannot be made within 180 days of the Contribution date, the Company reserves the right to: (a) access the funds, (b) transfer the funds to the Charity via other means (such as, but not limited to, use another platform, write a Company check, or send cash, to the Charity to complete the donation to them with said Funds), or (c) continue to hold the funds in escrow until claimed by the Charity.
Campaigns created by the Company, on behalf of a Charity, provide that the Company cannot be held liable for any misappropriated funds, or misinformation presented within the Project. All copyrighted information or media within the Campaigns belong solely to the Charity, and the Company cannot be held responsible for its use or misuse on the Platform, by the Company, its Users, or by third parties.
Any Charity that would like the Company to create a Campaign on their behalf may make their request by contacting firstname.lastname@example.org.
Any Charity wishing to have their Campaign closed or removed may make their request by contacting email@example.com.
This Agreement is governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Ohio; and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over Charhub, LLC, either specific or general, in jurisdictions other than Ohio. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “User Submissions; Licenses,” “Communications,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Disclaimers,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.