This Terms of Use was last revised on October 9, 2010.
Welcome to the Causes website. Causes empowers individuals to express and act upon their beliefs. Users create a "cause", a group focused on an issue they care about, and then pick an existing nonprofit organization as their beneficiary. Cause members are then given tools to recruit supporters and raise funds for their selected nonprofit. Within the Website users can share messages, video, photos, and other media related to causes as well as their own personal stories. Users can also share their opinions and accomplishments and seek out other like-minded Users. The website and its services at www.project-agape.com or successor websites (collectively, "Website") are provided by Philotic, Inc. ("Causes" or "we").
By using the Website, you ("User" or "you") agree to these Terms of Use ("Terms") and the Causes Privacy Policy available at causes.com/privacy. If you do not agree, you do not have permission to use the Website.
We invite you to register at the Website using Facebook Connect. If you do not register, you may not be able to use all of the features of the Website. If you register, you agree to provide true, accurate and complete information about yourself. You also agree to update registration information, your Facebook profile, to maintain its truth, accuracy and completeness.
Causes hereby grants you the right to access and use the Website only for the purposes of sharing information for non-commercial uses in accordance with the Terms. You may develop causes that solicit donations to nonprofit or charitable organizations. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of any Materials and the rest of the Website is your sole responsibility.
User, users, nonprofits, PACs, donors, charities, and other organizations may upload, post, and/or distribute to their profile, causes, forums, communities, other portions of the Website, or to others via the Website information, text, data, photos, audio, video, images, graphics, links, logos, votes, and other content or materials ("Materials") in accordance with the Terms.
All content of the Website, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or Materials, associated technology and software, and the look and feel of the Website (collectively "Content"), are the proprietary property of Causes, which is owned by Causes or its licensors. Any rights to Content not expressly granted to you herein are reserved by Causes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Website and/or Content in any form or by any means, in whole or in part, without express written permission from Causes, and any such use is strictly prohibited, except in regards to you own Materials posted on the Website in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from Causes, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials displayed on the Website or (b) alter or modify any Content on the Website.
The Website may allow you to upload, post, and/or distribute Materials, use the Website, view, copy or download Content and Materials for your personal, non-commercial use, subject to the following conditions:
The content and materials provided on the Website or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or materials on the website does not constitute or indicate Causes's endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. through the website (including materials, content, and emails), you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and Causes is not involved in any transactions or dealings you have with any third parties.
The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Website itself are owned or licensed by Causes. Except as expressly provided herein, neither Causes nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Website.
Causes reserves the right to block, disable, or otherwise remove any Materials from Website as well as terminate access to the Website if you engage in copyright or other intellectual property infringement or for any other reason.
If you believe that any Content or Materials on the Website infringe your copyrights, contact Causes's copyright agent, who can be reached by mail at: [Copyright Department], Philotic, Inc., 88 Kearny St, Suite 2100, San Francisco, CA 94108 United States; by telephone at (415 901 1960); or email at copyright@causes.com.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
You agree to indemnify, defend, and hold Causes and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Website; interaction with causes, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.
Except if expressly provided otherwise in the terms, the website (including without limitation, all content, materials (and material linked thereto), advertisements, links, and emails) is provided to you "as is" and "as available" without warranty of any kind. Causes does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. Causes hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the website. Causes is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the website does not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional. Causes is not involved with the processing, exchange, donations of money as may be arranged by third parties on the website; therefore, Causes is not responsible for any transactions associated with donations solicited, promised, or otherwise on the website.
Your interactions with Users or other third parties (including advertisers, causes, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Causes shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of this Website, or between a User and any third party, you understand and agree that Causes is under no obligation to become involved and is not subject to any liability.
To the maximum extent allowed by law, you agree that neither Causes, nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if Causes has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the website must be brought within one year of the date on which liability arose. Neither Causes nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.
Causes and Website users may provide links to third party websites (including advertisers and others) on the Website. Third parties are not under the control of Causes and Causes is not responsible for their content or conduct. If you access a third party website from the Website, you do so at your own risk. Causes provides links as a convenience and the inclusion of the link does not indicate or imply that Causes endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Website, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that Causes shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
Causes offers you a way to donate through Network for Good. By clicking the “Donate” button when making a donation, you agree to these Terms, including without limitation this Section 10. You understand that your contribution is being made to Network for Good, a nonprofit, donor advised fund, which will distribute your donation to the nonprofit organization(s) that you indicated. As required by the Internal Revenue Service (“IRS”), Network for Good has exclusive legal control over the donation. In the rare event that a charity you have recommended does not satisfy Network for Good’s criteria for receiving donations (i.e., it has been classified by the IRS as a disqualified supporting organization, it cannot or does not accept donations, is not recognized by the IRS as a public charity, or is not in good standing with federal and state regulators), Network for Good will select an alternate charity to receive your donation funds. If you have questions about your donation, please contact a customer service representative at donations@networkforgood.org.
You agree that Network for Good will deduct a small transaction fee of 4.75% from your donation to pay banks, credit card companies, and other associated costs and that this fee is deducted before Network for Good disburses your donation to the charity. Network for Good does not profit from the fee. Causes receives $0 from this transaction fee and takes no additional fee from the donation. If you have questions related to the donation process, please contact Network for Good at donations@networkforgood.org.
Purchasing a Causes Gift Card constitutes a tax-deductible donation to Network for Good, a Section 501(c)(3) public charity("NFG"). NFG has provided no goods or services to you in exchange for the donation. As required by law, NFG has exclusive legal control over the Purchaser’s donation. The purchase receipt serves as your receipt for tax purposes.
Your Causes Gift Card cannot be redeemed until activated. In the rare event that a charity you have recommended does not satisfy Network for Good’s criteria for receiving donations (i.e., it has been classified by the IRS as a disqualified supporting organization, it cannot or does not accept donations, is not recognized by the IRS as a public charity, or is not in good standing with federal and state regulators), Network for Good will select an alternate charity to receive your donation funds. The Gift Card’s face value is in U.S. dollars. Card cannot be redeemed for cash, except as required by law. Protect the card like cash. Neither Causes nor NFG is responsible for lost, stolen, or damaged cards or any unauthorized card use. If your card is lost, stolen or used without authorization, it cannot be replaced. If your grant recommendation exceeds the balance remaining on your card, you must contribute the excess amount or the recommendation will not be considered. For card balance status, go to causes.com/giftcard. The Causes Gift Card is issued by Causes on behalf of NFG. If you have questions about your donation, please contact a customer service representative at support@causes.com.
This Website is controlled and operated from within the United States. Causes makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.
The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Causes. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Website or sent to you via e-mail. All changes are effective upon posting to the Website. Your continued use of the Website following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Website. Causes reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these Terms. Causes also reserves the right to change the Website without notice to you, at any time.
If you are registering on the Website as a business entity, you represent that you have the authority to bind the entity to this Agreement. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Alameda County, California and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. Causes may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and Causes are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Causes reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Website and/or remove any registration information or Materials from the Website, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and Causes's rights and disclaimers survive, but your right to use the Website immediately ceases. Causes's failure to act with respect to a breach by you or others does not waive Causes's right to act with respect to subsequent or similar breaches.
You must not use or register on this Website if you are under the age of 13. If you use the Website, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.