Terms of Service

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY CHARITY PASS DBA CHARITY BLOSSOM (“NONPROFIT”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY NONPROFIT, INCLUDING, WITHOUT LIMITATION, THE CHARITYBLOSSOM.ORG WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE NONPROFIT IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Sites by NONPROFIT. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by NONPROFIT from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are of legal age to form a binding contract and are at least 13 years old, and that all registration information you submit is accurate and truthful. NONPROFIT may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use.

NONPROFIT reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. NONPROFIT may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

NONPROFIT's current privacy statement is located at http://www.charityblossom.org/privacy (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@charityblossom.org.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions (as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by NONPROFIT or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities and/or sales without NONPROFIT’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of NONPROFIT or any third party; or
  • impersonates any person or entity, including any employee or representative of NONPROFIT.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by NONPROFIT in its sole discretion) an unreasonable or disproportionately large load on NONPROFIT’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures NONPROFIT may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

NONPROFIT reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if NONPROFIT is concerned that you may have violated the Terms of Use). Registration.

As a condition to using certain aspects of the Service, you will be required to register with NONPROFIT and select a password and screen name (“NONPROFIT User ID”) to create an account (“Account”). You shall provide NONPROFIT with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your NONPROFIT account. You shall not (i) select or use as a NONPROFIT User ID a name of another person with the intent to impersonate that person; (ii) use as a NONPROFIT User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a NONPROFIT User ID a name that is otherwise offensive, vulgar or obscene. NONPROFIT reserves the right to refuse registration of, or cancel a NONPROFIT User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your NONPROFIT password. You shall never use another user’s account without such other user’s express permission. You will immediately notify NONPROFIT in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

There are two classes of Accounts:

  • A “User Account” is an Account for your personal, non-commercial use only and may be used to submit content to the Service.
  • A “Nonprofit Account” is an Account that represents a nonprofit or charity listing (“Listing”) on the Service. A Listing contains information about a nonprofit or charity that includes, but is not limited to, its name, location, EIN, telephone number, images, comments, reviews, and summaries about the nonprofit or charity. In claiming, creating or updating a Nonprofit Account, you must be an authorized employee or representative of the nonprofit or charity associated with the Listing. You may not provide an email address that is not your own or create multiple nonprofit listings for the same business unless expressly authorized by the NONPROFIT

Additionally, you agree that if you provide false information to create or claim a Nonprofit Account that you are not legally entitled to claim, the NONPROFIT will be entitled to collect the greater of either liquidated damages of $1,000 per violation or actual damages incurred by the NONPROFIT from you. You understand and agree that the service may include certain electronic and telephone communications from the NONPROFIT, including but not limited to, service announcements, status reports, administrative messages and the NONPROFIT Newsletter, and that these communications are considered part of Charity Blossom membership and (except as prohibited by applicable law) you may not be able to opt out of receiving them.

Fees and Payment.

NONPROFIT reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. NONPROFIT reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under NONPROFIT's control, and you acknowledge that NONPROFIT is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by NONPROFIT or any association with its operators. You further acknowledge and agree that NONPROFIT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

NONPROFIT and Site Content.

You agree that the Service contains Content specifically provided by NONPROFIT or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from NONPROFIT, or from the copyright holder identified in such Content's copyright notice.

User Submissions.

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service, you:

  • By submitting the User Submissions to NONPROFIT, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant NONPROFIT a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Sites, the Service and NONPROFIT’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to NONPROFIT does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by NONPROFIT (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
  • understand that NONPROFIT shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that NONPROFIT will not be liable for any errors or omissions in any content; and that NONPROFIT cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

NONPROFIT does not endorse and has no control over any User Submission. NONPROFIT cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

NONPROFIT has no obligation to monitor the Site, Service, Content, or User Submissions. NONPROFIT may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will NONPROFIT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.

Charity Blossom Accredited Nonprofit and Charity Blossom Badge of Trust

Only a Charity Blossom Accredited Nonprofit (“Accredited Nonprofit”) may display the Charity Blossom Badge of Trust (“Badge of Trust”). In order to display the Badge of Trust, your organization must pay a monthly fee of no less than $1/month. Failure to pay the monthly fee will result in the revocation of your right to display the Badge of Trust. You will be charged on a recurring monthly basis for being an Accredited Nonprofit. You are responsible for providing update-to-date credit card information with Charity Blossom that allows Charity Blossom to charge for the monthly fee. You may cancel at any time but no prorated refunds prior to the end of your billing cycle will be made.

In order to qualify as an Accredited Nonprofit, you must meet the certification requirements of being a Accredited Nonprofit. Requirements are specified here and may change at anytime.

Charity Blossom may revoke your standing as an Accredited Nonprofit at anytime for any reason.

Donation Processing

For Donors: Through SITES, you are able to choose one of two donation options: (i) making a donation into the donor advised fund sponsored by NONPROFIT, a 501(c)(3) public charity, and then specifying a charity to which you would like NONPROFIT to make a grant from the money you have donated; or (ii) making a donation to support the charitable grantmaking of NONPROFIT in a specific field of interest. In the course of making your donation through the Charity Blossom website, you will be prompted to agree to the Charity Blossom Donor Advised Fund Agreement or the Field of Interest Fund Agreement, depending on the donation choice you have made. If you choose to donate into the Donor Advised Fund, agree to the terms of service of the Donor Advised Fund. You will then have the opportunity to designate another charity to which you would like NONPROFIT to regrant your donation. If you make a donation into the field of interest fund, you agree to the terms of service of the Field of Interest Gift Agreement and NONPROFIT will make grants from the fund to one or more charities of NONPROFIT’s choice within the field of interest, and NONPROFIT will not consult with you or seek your advice with respect to the identity of these grantees. As required by federal law, NONPROFIT will have full discretion and control over your donation in either case. This means, among other things, that if you make a contribution to the donor advised fund and the charity you have recommended as the recipient of a grant does not satisfy NONPROFIT’s grantee criteria (for example, it cannot or does not accept grants, is not recognized by the IRS as a public charity, or is not in corporate good standing with state regulators), NONPROFIT may select an alternate charity to receive your donated funds. (In this case, NONPROFIT may attempt, but is not obligated, to seek further advice from you on an alternative recipient charity.) NONPROFIT will deduct a small fee from your donation to cover its administrative expenses and other costs related to its donor advised fund and field of interest fund programs, as detailed here. 100% of your gift may be deducted as a charitable contribution on your federal and state income tax returns, subject to general limitations applicable to your personal circumstances. (Please consult your tax advisor.)

For Nonprofits: To be eligible to receive contributions from either our donor advised fund or our field of interest funds, a nonprofit must verify itself by registering and creating a Nonprofit Account on this website and following the verification procedures. Among other things, the verification procedures will require each nonprofit to affirm that it is recognized by the IRS as tax-exempt under Section 501(c)(3) of the Internal Revenue and is classified as a public charity under Sections 509(a)(1) or (2) and that it is in good standing with applicable state authorities. All grants may be used by your organization only for charitable purposes described in Section 170(c)(2)(B) of the Internal Revenue Code. No gifts or other benefits may be received by the above-named donor in connection with this grant. You must agree to accept grants in the form of a payment from PayPal. If a nonprofit affirmatively does not wish to receive contributions from NONPROFIT, the nonprofit can register with Charity Blossom and then opt out of the process. If a verified nonprofit loses its recognition as tax-exempt under Section 501(c)(3) of the Internal Revenue Service, is no longer classified as a public charity under Sections 509(a)(1) or is no longer in good standing with applicable state authorities, the nonprofit must immediately opt out of receiving contributions from NONPROFIT and notify Charity Blossom of this fact by sending an email to info@charityblossom.org.

Copy of NONPROFIT Charitable Solicitation Card.

Termination.

NONPROFIT may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

NONPROFIT has no special relationship with or fiduciary duty to you. You acknowledge that NONPROFIT has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release NONPROFIT from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. NONPROFIT makes no representations concerning any content contained in or accessed through the Sites, and NONPROFIT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NONPROFIT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): NONPROFIT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. NONPROFIT will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on NONPROFIT’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service. Indemnification.

You shall defend, indemnify, and hold harmless NONPROFIT, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. NONPROFIT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with NONPROFIT in asserting any available defenses.

General Content Disclaimer.

The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. NONPROFIT makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Service, you agree that NONPROFIT shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

Limitation of Liability.

IN NO EVENT SHALL NONPROFIT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International/Non-California Use.

NONPROFIT makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and NONPROFIT agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.

The Terms of Use are the entire agreement between you and NONPROFIT with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and NONPROFIT with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

NONPROFIT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NONPROFIT’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with NONPROFIT's prior written consent. NONPROFIT may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use and all Content provided by NONPROFIT are copyright © 2011 CHARITY PASS, Inc. All rights reserved.

Charity Pass and and Charity Blossom are either trademarks or registered trademarks of NONPROFIT. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

Digital Millennium Copyright Act Notice.

NONPROFIT has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of NONPROFIT’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is NONPROFIT’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that Content residing on or accessible through the NONPROFIT web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that NONPROFIT is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, e-mail address;
  • A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is NONPROFIT’s policy:

  • to remove or disable access to the infringing Content;
  • to notify the Content provider, member or user that it has removed or disabled access to the Content; and
  • that repeat offenders will have the infringing Content removed from the system and that NONPROFIT will terminate such content provider’s, member’s or user’s access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the Content provider, member or user;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which NONPROFIT is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, NONPROFIT’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NONPROFIT’s discretion.

Contact.

You may contact NONPROFIT at the following address: info@charityblossom.org

Updated Date: April 19, 2012