Terms of Service
Last Updated: 11/7/2017
TwainMania Foundation is a nonprofit program of GVNGorg, a California nonprofit public benefit corporation with U.S. Internal Revenue Code of 1986, as amended, Section 501(c)(3) status (referred to throughout as “us”, “we”, “our”, etc.), whose mailing address for the purpose of notice is 907 Westwood Boulevard, Suite 414, Los Angeles, California 90024 and whose email address for the purpose of notice is firstname.lastname@example.org, is the owner and operator of the www.gvng.org website, an online information resource for U.S. charities, charitable programs, and the individuals and entities that interact with U.S. charities and charitable programs. These Terms of Service apply to the www.gvng.org website, any subdomains thereof, any API integrations or widgets we may offer, any templates, information, educational materials, online trainings, features, and any other website or webpages we or our affiliates own or operate that include a link to this statement (together collectively referred to as the “Website”). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person “you”, “your”, etc.) agrees to be contractually bound by these Terms of Service (the “Terms”).
Your use of the Website, or any of the services or features accessible therein, indicates your acknowledgment that you have read and accept the Terms. If you do not wish to use the Website in accordance with the Terms, then you must immediately discontinue using the Website.
Updates To The Terms And Applicability Of The Terms
1.0 Updates. We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
1.1 Nonprofit Program-Specific Terms. By using the Website you are agreeing to any additional terms and conditions beyond these Terms applicable to the particular type of nonprofit program with which you interact. All nonprofit programs must comply with the laws, regulations, and rules applicable to 501(c)(3) public charities and the laws, regulations, and rules applicable to public charities in every state, the District of Columbia, and U.S. territories.
1.2 Your Suggestions. We always appreciate your feedback or other suggestions about the Website. You understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
1.3 Beta Versions. We may release programs and features that we are still testing and evaluating. Those services have been marked as “beta,” “preview,” or “early access” (or a similar phrasing), and may not be reliable as the Website and our other services.
2.0 IP Protection. The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
2.1 Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
2.2 Your Content. By posting, uploading, or transmitting content or information to, or through, the Website or through any of our affiliates’ websites, you grant us and any of our affiliates (if applicable) a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
General User Warranties
3.0 User Warranties. By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
4.0 International Use. This Website is not intended for use by organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States, or (ii) are on the U.S. Treasury Department’s list of Specially Designated Nationals. If you choose to use this Website, you are solely responsible for compliance with all applicable laws, regulations, and rules and you consent to having your data transferred, processed, and stored in the United States.
Fees, Payments, and Receipts
5.0 Free Access to www.gvng.org. You can access www.gvng.org free of charge. If you so desire, you may access additional technological resources when you successfully register an account with www.gvng.com and pay a subscription fee. Your access to www.gvng.com will remain in effect until cancelled or terminated in accordance with the GVNG Terms of Service.
5.2 Taxes. All fees are exclusive of any applicable federal, state, local, or other taxes. You are responsible for any applicable taxes and we will charge taxes in addition to the fees when we are required to do so. If you are exempt from taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
5.3 LEFT BLANK INTENTIONALLY
5.4 LEFT BLANK INTENTIONALLY
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5.6 Receipts. Persons that make donations to a GVNG.org nonprofit program will receive a receipt that complies with IRS requirements regarding receipts for charitable donations.
6.1 Copyright Policy. You agree to abide by our Copyright Policy, which you may read in full by clicking here.
6.3 Standards of Conduct. You agree to abide by our Standards of Conduct, which are material terms of these Terms. You may view our Standards of Conduct in full by clicking here.
7.0 Availability of Service. As the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) any nonprofit program created through us, for any or no reason, without notice to anyone.
8.0 Volunteers. ALL VOLUNTEERS CONSENT TO AN INDIVIDUAL BACKGROUND CHECK AND MUST PROVIDE US WITH A VOLUNTEER WAIVER. NO INDIVIDUAL IS ELIGIBLE TO VOLUNTEER FOR A NONPROFIT PROGRAM UNLESS AND UNTIL WE INFORM YOU THAT A VOLUNTEER HAS BEEN APPROVED TO VOLUNTEER FOR A NONPROFIT PROGRAM. IF AT ANY TIME WE NOTIFY A NONPROFIT PROGRAM THAT A VOLUNTEER IS INELIGIBLE TO VOLUNTEER WITH THE NONPROFIT PROGRAM THE NONPROFIT PROGRAM MUST TERMINATE THE VOLUNTEER RELATIONSHIP.
9.0 Waiver of Warranties. We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein “AS IS” and “WITH ALL FAULTS.”
9.1 Endorsement Disclaimer. GVNG.org does not endorse, support, sanction, or verify the information or material on or accessible via the Website. Unless otherwise specifically indicated, we do not endorse and have no affiliation with any of the organizations mentioned, listed in, described on, or linked to via the Website, and we make no warranties or representations whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods or services provided by our affiliates or others to whose sites we link.
9.2 Disclaimer Regarding Financial and Legal Advice. The information on the Website is provided for educational and information 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 Website you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE, 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 WEBSITE OR ANY MATERIAL OTHERWISE PROVIDED BY THE WEBSITE.
9.3 Taxes. You understand that we set the tax language in any receipt any donors to a nonprofit receive. We make no representations about the nature of any transaction anyone makes through the Website. All donors should consult with a qualified financial advisor prior to claiming a deduction on his, her, or its taxes.
9.4 Release. You hereby release us, our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, employees, contractors, and agents (collectively, the “Releasees”) from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event or program related to a nonprofit program (including events and programs the GVNG.org nonprofit program authorizes its supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the “Released Claims”).
In furtherance of the foregoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9.5 Limitation of Liability. Neither we nor our officers, directors, employees, contractors, and agents, will be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees, contractors, and agents, arising out of this Agreement and your use of the Website (when aggregated with all other claims against us arising out of this Agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from fees arising from donations you have received through the Website in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
9.6 Indemnification. You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney’s fees), damages, and liability from third party claims, which arise from, or relate to, a nonprofit program, the use of the Website, any events or programs organized by a nonprofit program, or your breach of these Terms.
10.0 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, as such laws are applied to agreements made between California residents and performed entirely within the State of California, and without regard to conflicts of laws principles.
10.1 Arbitration. We both agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to these Terms regardless of whether a claim arises during or after termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, BOTH PARTIES ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. Any arbitration pursuant to these Terms will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. If we make any future changes to the arbitration provisions herein, other than a change to our address for notice, you may reject the change by sending us written notice within thirty (30) days of the change to our address for notice, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive. If any or all of the arbitration provisions in these Terms are found to be unenforceable then all of the arbitration provisions will be null and void and, in that case, we both agree that the exclusive jurisdiction and venue described in Section 10.0 of these Terms will govern any action arising out of or related to these Terms.
10.2 Small Claims Court. Despite the provisions in Section 10.1 above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court, (b) seek injunctive relief in a court of law, or (c) file a suit in a court of law to address an intellectual property infringement claim.
10.3 No Class Actions. WE BOTH AGREE THAT EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS PERSONAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
10.4 No Joint Venture. These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
10.5 No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms is NULL AND VOID.
10.6 Entire Agreement. These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
10.7 Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
10.8 No Waiver And Force Majeure. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waver of any other breach, or any succeeding breach. We shall have no liability whatsoever for delays or interruptions in delivery or accessibility of any of the Website, interruptions of service, or other breach of these Terms of Service due to fire, explosion, lightning, power surge or failure, water, Acts of God, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond our reasonable control.
10.9 Survival. The provisions of the sections of these Terms titled “Intellectual Property,” “Liability,” and “General” will survive termination.
10.10 Headers. The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
10.11 Attorney’s Fees. If a dispute arises out of these Terms or your use of the Website then the prevailing party in any arbitration or litigation will be entitled to recover all costs and expenses (including reasonable attorney’s fees) incurred as a result of that litigation.
10.12 Third-Party Services and Linked Websites. We may provide tools through the Website that enable you to export information to third party services, including through features that allow you to link your account on the Website with an account on a third party service, such as Twitter, Facebook, or Instagram, or through implementation of third party buttons. By using one or more of these tools you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control and we are not responsible for any third party service’s use of your exported information. The Website may also contain links to third-party websites. Linked websites are not under our control and we are not responsible for their content.