1. ACCEPTANCE OF TERMS
YouCaring.com provides a collection of online fundraising campaigns, comment forums, and messaging systems (referred to hereafter as "the Service") subject to the following Terms of Service ("Agreement"). By using the Service in any way, you are agreeing to comply with the Agreement. In addition, when using particular YouCaring.com services, you agree to abide by any applicable posted guidelines for all YouCaring.com services, which may change from time to time. Should you object to any term or condition of the Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with YouCaring.com in any way, your only recourse is to immediately discontinue use of YouCaring.com.
This Agreement constitutes the complete and entire understanding between YouCaring.com and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and YouCaring including prior versions of the Agreement. As a user of the Site you understand and are held responsible for periodically reviewing the terms of this User Agreement. YouCaring may update this Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you. It is your responsibility to continually review these terms as your acknowledgment and consent to any amended terms shall be inferred from any continued use of the YouCaring service.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use YouCaring.com in any manner. By visiting YouCaring.com or accepting this Agreement, You represent and warrant to YouCaring that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to YouCaring that You will use YouCaring.com in a manner consistent with any and all applicable laws and regulations.
2. WHAT WE DO
YouCaring.com is a free fundraising website that provides online fundraising tools to both individuals and non-profit organizations that want to raise money for causes and projects they care about, which may include neighborhood in need, memorial/funeral, medical expenses, tuition assistance, adoption fundraising, funding for mission trips and other causes. Each Fundraiser who creates a valid account receives a personal fundraising profile page where they can post stories, photos and videos about their projects as well as receive credit card donations from others, including friends and family. Each fundraising campaign allows Donor(s) to donate money towards a specified goal, established by the Fundraiser.
3. CHANGES TO THIS AGREEMENT
YouCaring.com reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any changes.
4. RIGHTS AND LICENSES
(a) YouCaring's Ownership Rights. YouCaring and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the YouCaring Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the YouCaring Products and Services. By entering into this Agreement or by Your participation, You will not acquire any intellectual property or similar rights in the YouCaring Products and Services other than a limited right to use the Products and Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YouCaring Products and services; or (ii) use YouCaring's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without YouCaring's prior written consent.
(b) Your Ownership Rights. Subject to the licenses granted in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content that is submitted, posted or displayed by You on or through YouCaring.com. By posting or providing Content You grant YouCaring an unlimited, worldwide, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment. YouCaring shall not acquire any right, title or interest in or to such Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. As more fully described in Section 13 ("Termination"), You have the right to terminate this Agreement and revoke certain licenses You are granting in this Agreement, with respect to Content You provide. If You choose to revoke in writing any of Your revocable licenses, YouCaring will use commercially reasonable efforts to remove Your Content from the YouCaring Site reasonably upon receipt of Your written notice of revocation.
You acknowledge that You are aware that YouCaring has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that YouCaring assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, YouCaring is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights.
(c) YouCaring's Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with YouCaring.com solely for purposes of identifying YouCaring and solely in connection with Your permitted activities under this Agreement. You agree that the YouCaring Marks and all associated goodwill are and will remain the sole property of YouCaring, that any goodwill generated as a result of Your licensed use of YouCaring Marks belongs exclusively to YouCaring and inures solely to the benefit of YouCaring, and that Your use of YouCaring Marks is subject to YouCaring's control of the quality of any products or services with respect to which You may be authorized to use YouCaring Marks.
You understand that all fundraising campaigns, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that YouCaring.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the YouCaring.com site and Content available through the Service may contain links to other websites, which are completely independent of YouCaring.com. YouCaring.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will YouCaring.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that YouCaring.com does not pre-screen or approve Content, but that YouCaring.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.
YouCaring does not endorse, verify, evaluate or guarantee any information or Content provided by users, including You, and nothing shall be considered as an endorsement, verification or guarantee of any information or Content. YouCaring does not represent or guarantee the truthfulness, accuracy, or reliability of Content or any other communications posted on YouCaring.com or endorse any opinions expressed on YouCaring.com. You acknowledge that any reliance on Content posted on YouCaring.com will be at your own risk.
You agree that You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, (I) containing or suggesting an endorsement by YouCaring of You or Your Content; or (ii) relating to this Agreement, without the prior review and written approval of YouCaring. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Content (for example, describing and promoting Your Content on Your blog, social media sites, or in emails).
You agree not to post, email, or otherwise make available Content:
(a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
(b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (I) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
(c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(d) that impersonates any person or entity, including, but not limited to, a YouCaring.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(e) that includes personal or identifying information about another person without that person's explicit consent;
(f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
(g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
(I) that constitutes or contains any form of advertising or solicitation if: posted in areas of the YouCaring.com sites which are not designated for such purposes; or emailed to YouCaring.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
(j) that includes links to commercial services or web sites, except as allowed herein;
(k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
(l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
(m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
(a) contact anyone who has asked not to be contacted;
(b) "stalk" or otherwise harass anyone;
(c) collect personal data about other users for commercial or unlawful purposes;
(d) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by YouCaring.com;
(e) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(f) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
(g) attempt to gain unauthorized access to YouCaring.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the YouCaring.com website; or
(h) use any form of automated device or computer program that enables the submission of postings on YouCaring.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
If notified of Content or other materials which allegedly do not conform to this Agreement, YouCaring may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of Content. YouCaring has no liability or responsibility to You for performance or nonperformance of such activities. YouCaring does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site.
6. FUNDRAISER ACCOUNTS
YouCaring.com requires all Fundraisers to sign up for an account by completing all required fields on the relevant registration pages on the Site. As part of the registration process, you agree to provide:
(a) information about yourself that is truthful, current, complete and accurate; and
(b) update this information so as to maintain its accuracy.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your Fundraiser Account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree not to use the account, username or password of anyone else. You shall not disclose your password to anyone else.
7. NON AFFILIATED CONTENT, SITES, AND SERVICES
The YouCaring.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of YouCaring.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
YouCaring.com and certain other YouCaring Sites contain links to social media sites, including but not limited to authentication modules and fundraising modules. These links are provided solely as a convenience to You and not as an endorsement by YouCaring of the content on such social media sites. YouCaring is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with YouCaring is at your own risk.
You agree that YouCaring.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party sites or vendors. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that YouCaring.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release YouCaring.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
8. INFRINGEMENT NOTIFICATIONS
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to YouCaring.com, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), Support@YouCaring.com or:
Copyright Agent YouCaring.com 405 N. Reo St., Suite 260 Tampa, FL 33609
Please provide our Agent with the following Notice:
a) Identify the material on the YouCaring.com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that
(1) the above information in your Notice is accurate, and
(2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature. YouCaring.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
10. LOCAL STANDARDS.
We do not represent that materials on the YouCaring site are appropriate for use in all locations. Persons who choose to access the YouCaring site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. SERVICE LIMITATIONS
You acknowledge that YouCaring.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that maybe transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that YouCaring.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that YouCaring.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that YouCaring.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. SERVICE ACCESS
YouCaring.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. YouCaring.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that
(a) your use of the YouCaring RSS feed is in conformity with this Agreement,
(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
(c) you provide, adjacent to the RSS feed, proper attribution to 'YouCaring.com' as the source,
(d) your use or display does not suggest that YouCaring.com promotes or endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and
(f) your use does not overburden YouCaring.com's systems. YouCaring.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by YouCaring.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from YouCaring.com.
13. SERVICE TERMINATION
You agree that YouCaring.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if YouCaring.com believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that YouCaring.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6, 7, 12-19 and 21-23 shall survive termination of the Agreement.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE YOUCARING.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE YOUCARING.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUCARING.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE YOUCARING.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUCARING.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE YOUCARING.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE YOUCARING.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUCARING.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE YOUCARING.COM SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL YOUCARING.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YOUCARING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE YOUCARING.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YOUCARING.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE YOUCARING.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE YOUCARING.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YOUCARING.COM SITE OR THE SERVICE OR ANY LINKS ON THE YOUCARING.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YOUCARING.COM SITE OR THE SERVICE OR ANY LINKS ON THE YOUCARING.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL YOUCARING, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. TRANSACTIONS BETWEEN PARTIES
YouCaring.com serves as an intermediary between Donors and Fundraisers. If a Fundraiser is found to be in violation of the terms of this Agreement, YouCaring.com reserves the right to terminate the Fundraiser account or the Fundraiser’s campaign(s). YouCaring.com does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Fundraiser or the intended beneficiary. In addition, donations made on YouCaring.com are non-refundable. All further dealings following a donation are solely between Donors and Fundraisers or the intended beneficiary.
You agree to indemnify and hold YouCaring.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The Agreement constitutes the entire agreement between you and YouCaring.com and governs your use of the Service, superseding any prior agreements between you and YouCaring.com. The Agreement and the relationship between you and YouCaring.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and YouCaring.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tampa, Florida. The failure of YouCaring.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. LIQUIDATED DAMAGES
Please report any violations of the Agreement, by flagging the posting(s) for review, or by emailing to: Compliance@YouCaring.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for YouCaring.com to pursue legal action to enforce the Agreement, you will be liable to pay YouCaring.com the following amounts as liquidated damages, which you accept as reasonable estimates of YouCaring.com’s damages for the specified breaches of the Agreement: If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay YouCaring.com one thousand dollars ($1,000) for each such message, plus attorneys fees and costs. If you post Content in violation of the Agreement, other than as described above, you agree to pay YouCaring.com one hundred dollars ($100) for each Item of Content posted, plus attorneys fees and costs. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Agreement without YouCaring.com's express written permission, you agree to pay YouCaring.com three thousand dollars ($3,000), plus attorneys fees and costs, for each day on which you engage in such conduct. Otherwise, you agree to pay YouCaring.com's actual damages plus attorneys fees and costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Agreement, YouCaring.com retains the right to seek the remedy of specific performance of any term contained in the Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof. In its sole discretion, YouCaring.com may elect to issue a warning before assessing damages.
20. PROHIBITED USE OF PAYMENT PROCESSORS
YouCaring utilizes third party payment mechanisms for the processing of donations, including but not limited to PayPal. For such payment processors You may not use those services for activities that:
(1) violate any law, statute, ordinance or regulation;
(2) relate to sales of
(a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
(b) drug paraphernalia,
(c) items that encourage, promote, facilitate or instruct others to engage in illegal activity,
(d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
(e) items that are considered obscene,
(f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
(g) certain sexually oriented materials or services, or
(h) ammunition, firearms, or certain firearm parts or accessories, or
(I) ,certain weapons or knives regulated under applicable law;
(3) relate to transactions that
(a) show the personal information of third parties in violation of applicable law,
(b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
(c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
(d) are for the sale of certain items before the seller has control or possession of the item,
(e) are by payment processors to collect payments on behalf of merchants,
(f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
(g) provide certain credit repair or debt settlement services;
(4) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
(5) violate applicable laws or industry regulations regarding the sale of
(a) tobacco products, or
(b) prescription drugs and devices
(6) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the payment processor and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
21. ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING STATEMENT
YouCaring is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). YouCaring’s policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using PetCaring’s services.
Our third party payment processor PayPal has robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC (Office of Foreign Asset Control) requirements, and global sanctions, they screen customer accounts against government watch lists. In addition, they may request that our users provide them with documentation to help prove their identity or for business verification purposes. They will report suspicious transactions to the financial intelligence unit in the respective country.
22. INTELLECTUAL PROPERTY
The contents of YOUCARING.COM, and of all other Web sites under YouCaring's control, whether partial or otherwise such as text, graphics, images, logos, button icons, sounds, video, software and other YouCaring content, are protected under both United States and foreign copyright, trademark and other laws. All YouCaring Content is the property of YouCaring Dot Com, L.L.C. or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the YouCaring Sites is the exclusive property of YouCaring and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the YouCaring Content may violate these laws, and is strictly prohibited. You may use the Site and its content and materials only for the purposes stated in this Agreement. You may copy such content for your own personal, non-commercial use only, or as otherwise provided herein, provided you do not alter it or remove any copyright, trademark or other proprietary notice.
YouCaring.com makes no guarantees regarding any aspect our third party payment processor's decision to transact donations between the campaign creator and the donor. Additionally, YouCaring.com does not guarantee full receipt of the pledged amount because it does not control the financial transaction. Fundraiser(s) are the only party that can initiate refunds, and it is at their own discretion to do so. YouCaring.com is not responsible for refunding any funds collected by the Fundraiser through the use of YouCaring.com or by any other means. If monies are refunded by the Fundraiser in error no monies will be returned until after a period of 45 days.
24. CHARGE BACKS
If YouCaring should receive notification from its third party payment processor(s) of an unauthorized payment/Chargeback made to Fundraisers, the Fundraiser will be obliged to immediately (upon notification by YouCaring.com) return the disputed funds to YouCaring until the investigation is completed. Any fees associated with chargebacks by Donors will be charged to the Fundraiser. YouCaring.com reserves the right to cancel, suspend or disable a campaign for any reason at any time.
Last Updated: April 8, 2013