- Animals First Aid NFP is a qualified 501(c)(3) tax exempt organization.
AFA Terms of Service
In the United States, Animals First Aid (as Animals First Aid, NFP) is an IRS-designated 501(c)(3) charitable organization (tax ID# 99-1042428), donations to which are tax-deductible to the full extent provided by law.
Subject to these Terms of Service, as amended from time to time
(“Terms of Service”), Animals First Aid NFP. provides the Animals First Aid - AFA
platform to you through its website at www.AnimalsFirstAid.org and
attendant mobile applications (collectively, with any new features and
applications, the “Platform”) and the Animals First Aid - AFA Community
and related services (collectively, with the Platform, including any new
features and applications, the “Services
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS
OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU
AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A
CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE
SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF
THESE TERMS OF SERVICE.
We reserve the right, at our sole discretion, to change or modify
portions of these Terms of Service at any time and without notice. When we do
this, we will post the revised Terms of Service on this page and will indicate
the date of such revision.
Your continued use of the Services after the date of any such
changes constitutes your acceptance of the new Terms of Service. To the extent
allowed by law, the English version of these Terms of Service is binding and
their translations in other languages are for convenience only; in case of
discrepancies between the English version of these Terms of Service and their
translations, the English version shall prevail. If you do not wish to accept
the new Terms of Service, you may discontinue your use of the Services.
In addition, when using the Services, and unless you are in the
European Economic Area, the United Kingdom, or Switzerland (collectively,
“Europe”), you will be subject to additional applicable policies including
without limitation, the Privacy Notice. All such terms are hereby incorporated by reference into these
Terms of Service (provided, however, these Terms of Service will take
precedence in the event of conflict). We shall resolve any such conflicts in
our sole discretion, and all of our determinations are final.
ACCESS AND USE OF THE SERVICES
The Services Description: The Services are offered
as a platform to allow an individual, entity or non-profit organization (the
“Organizer”) to post a fundraiser (“Fundraiser”) to the Platform to accept
monetary donations (“Donations”) from donors (“Donors”) on behalf of the
beneficiary of the Fundraiser (“Beneficiary”). Payment Processor: Animals First Aid - AFA
is not a payment processor and does not hold any funds. Instead,
Animals First Aid - AFA uses third-party payment processing partners to
process Donations for a Fundraiser (“Payment Processor”). You acknowledge
and agree that the use of Payment Processors is integral to the Services and
that we exchange information with Payment Processors in order to facilitate the
provision of the Services.
Transaction Fee: Although there are no
fees to start or maintain a Fundraiser, please keep in mind that a transaction
fee, including credit and debit charges, is deducted from each donation
(hereinafter and on the website referred to as “Transaction Fee”). To learn
more about the Platform and the applicable Transaction Fee, visit Animals First
Aid - AFA Fees.
The Services are Platforms; We are not a
Broker, Financial Institution, Creditor:
In the United States, Animals First Aid (as Animals First Aid, NFP) is an IRS-designated 501(c)(3) charitable organization (tax ID# 99-1042428), donations to which are tax-deductible to the full extent provided by law. The Services are administrative
platforms only. Animals First Aid - AFA facilitates the Fundraiser of the
Organizers and permits Donors to make donations to these Fundraisers.
All information and content provided by Animals First Aid - AFA
relating to the Services is for informational purposes only, and Animals
First Aid - AFA does not guarantee the accuracy, completeness, timeliness
or reliability of any such information or content. No content is intended to
provide financial, legal, tax or other professional advice. Before making any
decisions regarding any Fundraisers, Charities (as defined below), Donations,
Donors, or any information or content relating to the Services, you should
consult your financial, legal, tax or other professional advisor as
appropriate. You acknowledge that all information and content accessed by you
using the Services is at your own risk.
Animals First Aid - AFA has no control over the conduct of,
or any information provided by, a User and hereby disclaims all liability in
this regard to the fullest extent permitted by applicable law. We do not
guarantee that a Fundraiser will obtain a certain amount of Donations or any
Donations at all. We do not endorse any Fundraiser, User, or cause and we make
no guarantee, express or implied, that any information provided through the
Services is accurate. We expressly disclaim any liability or responsibility for
the outcome or success of any Fundraiser. You, as a Donor, must make the final
determination as to the value and appropriateness of contributing to any User
or Fundraiser.
No Solicitation: The Platform is offered
to help Organizers raise money. Animals First Aid - AFA merely provides
the technology to allow Fundraisers to connect with Donors. The existence of
the Services is not a solicitation of donations by Animals First Aid - AFA ,
and Animals First Aid - AFA does not engage in any solicitation
activities, or consult on the solicitation of contributions from the public, on
behalf of any individual, entity, or organization. By using the Services, you
understand and agree that Animals First Aid - AFA is not responsible for
the use of your Donations or the amount of funds raised for the User or
Fundraiser.
Donors: All Donations are at your own risk. When
you make a Donation through the Platform, it is your responsibility to
understand how your money will be used and to check the Fundraiser content
regularly for any updates. Animals First Aid - AFA is not responsible for
any offers, promises, rewards or Promotions (as defined below) made or offered
by Users or Fundraisers; such conduct violates these Terms of Service. We do
not and cannot verify the information that Users or Fundraisers supply, nor do
we represent or guarantee that the Donations will be used in accordance with
any fundraising purpose prescribed by a User or Fundraiser or in accordance
with applicable laws. Notwithstanding the foregoing, we take possible fraudulent
activity and the misuse of funds reported to us very seriously. You can learn
more about How We Protect Our Community. If you have reason to believe that a User or
Fundraiser is not raising or using the funds for their stated purpose, please
use the “Report” button on the Fundraiser to alert our team of this potential
issue and we will investigate. If you are a Donor, you may also be covered by
the Animals First Aid - AFA Giving Guarantee.
If you are a Donor to a non-profit organization, established as
such under the applicable laws of incorporation (“Charity”):
A. You are not permitted to impose restrictions on the use of such
Donation by the Charity. To the extent that you make a Donation in response to
an appeal for a particular program of a Charity, or to the extent that you
purport to direct the use of Donations by a Charity, any such directions shall
constitute non-binding recommendations only and the Charity shall have full
discretion to determine how all Donations will be used.
B. You should consult your tax advisor as to the amount of your
Donation that is tax deductible or eligible for tax recognition, having regard
to (among other things) the tax status of the recipient of any Donation in any
relevant jurisdiction. Animals First Aid - AFA makes no representation as
to whether all or any portion of your Donations, including, if any, Transaction
Fees, are tax deductible or eligible for tax credits. Animals First Aid - AFA
will have no liability for any claim by any federal, state, provincial,
territorial, local or any other tax authority with respect to the
characterization on any applicable tax return of any Donation by you, any User
or any Charity.
C. Unless you opt out of such disclosure, you acknowledge and
agree that, in accordance with our Privacy Notice, certain of
your personal information will be shared with the Charity to which you make a
Donation, including without limitation, as part of a Donor List (as defined
below) and may be used by such Charity to issue official Donation receipts (or
equivalent document) and in accordance with the Charity’s privacy policy.
Animals First Aid - AFA is not responsible, and shall not be liable, for
any Charity’s use of any Donor information.
D. Please check here for any applicable state-required disclosures
for Charities soliciting contributions: state non-profit disclosures.
Organizers: You, as an Organizer, represent,
warrant, and covenant that: (i) all information you (whether through
yourself, an agent or using artificial intelligence) provide in connection
with a Fundraiser or Beneficiary is accurate, complete, and not likely to
deceive Users and that you will post updates as needed so that Users understand
the use of funds and any other relevant information about your Fundraiser; (ii)
all Donations contributed to your Fundraiser will be used solely as described
in the materials that you post or otherwise provide; (iii) if you withdraw
donations believed by Donors to be raised on behalf of someone other than you
(i.e., the Beneficiary), all Donations will be given to and/or spent on behalf
of the Beneficiary; (iv) if you add a Beneficiary through the Services, you
relinquish control of the Donations; (v) you will not infringe the rights of
others; (vi) you will comply with all relevant and applicable laws and financial
reporting obligations, including but not limited to, laws and obligations
relating to registration, tax reporting, political contributions, and asset
disclosures for your Fundraiser; (vii) to the extent you share with us any
personal data of any third party for any purpose, including the names, email
addresses and phone numbers of your personal contacts, you have the authority
(including any necessary consents), as required under applicable law, to
provide us with such personal data and allow us to use such personal data for
the purposes for which you shared it with us; and (viii) you will not provide
or offer to provide goods or services in exchange for Donations. You authorize
Animals First Aid - AFA , and Animals First Aid - AFA reserves the right to
provide information relating to your Fundraiser to Donors, Beneficiaries of
your Fundraiser or law enforcement or other regulatory authorities, and to
assist in any investigation thereof.
If you use the Services as an agent of a Charity to raise funds for
such Charity, you represent and warrant that: (a) you are a representative of
the Charity, which representative is authorized to raise funds for the Charity
and bind the Charity to these Terms of Service; (b) you are raising funds for a
Charity, with a cause or activity that is legal under all applicable federal,
state, provincial, territorial and local laws and regulations; (c) all donated
funds will be used solely for the purpose you have stated on and in connection
with your Fundraiser, and under no circumstances may you use the funds for any
other purpose; (d) your Charity has and will maintain tax-exempt status under
applicable law (for example, the Internal Revenue Code in the United States or
the Income Tax Act in Canada); and (e) if your Charity is in the United States,
it is registered with GuideStar or the IRS tax exempt organization database,
or, if your Charity is in Canada, it is listed in the Canada Revenue Agency’s
database of registered charities.
Your Registration Obligations: You may be required to
register with Animals First Aid - AFA to access and use certain features
of the Services. If you choose to register for the Services, you agree to
provide and maintain true, accurate, current and complete information about
yourself or your Charity as prompted by the Services’ registration form.
Organizers must register using their true identities (or the identities of the
Charities’ authorized representatives), including their name, address and any
image or video purporting to depict the Organizer or the Beneficiary of such
Fundraiser. You agree to keep registration information current and up to date.
Registration data and certain other information about you are
governed by these Terms of Service, including our privacy policy. If you are under 13 years of age (16 in
Europe), you are not authorized to use the Services, with or without
registering. In addition, if you are under the age of majority in your
jurisdiction (typically 18 or 19 years of age), you may use the Services, with
or without registering, only with the approval of your parent or guardian.
Certain aspects of our Services may also require you to register with, and
agree to the terms of, third-party service providers (e.g., Payment
Processors), with whom Animals First Aid - AFA has entered into
contracts, in order to be able to benefit from their services. If Animals First
Aid - AFA or one of our Payments Processors at any time discovers that
the information you provided about you or the purpose of your Fundraiser is
incorrect or violates any of these Terms of Service or their terms of service,
your access to the Services may be immediately suspended and/or terminated and
fines may be applied by relevant authorities, which will in all such cases be
payable by you.
Charities: The Services include the
features and services described here. All Donations are subject to a
Transaction Fee for each Donation.
A. Chargebacks and Refunds. Occasionally, a Donor may
dispute a credit card charge for a Donation through the Services or submit a
request for a refund under the Animals First Aid - AFA Giving
Guarantee.
1. If Donations are refunded to
the Donor by PayPal or pursuant to the Animals First Aid - AFA Giving
Guarantee, or if PayPal Giving Fund already remitted payment to the Charity,
the chargebacks or refunds will be deducted from future payments to the
Charity, and if necessary, an invoice will be issued to the applicable Charity.
The applicable Charity expressly agrees that: (a) it will be responsible for
paying PayPal or PayPal Giving Fund the full amount of any Donation refund due
to a Donor; and (b) PayPal or PayPal Giving Fund, as applicable, may elect to
offset a future Donation rather than requesting that the Charity return the
refunded Donation.
2. If Donations were made through
Adyen or Stripe, the Charity has control over the Donations and Charity, rather
than Animals First Aid - AFA or Adyen or Stripe, is responsible for
issuing refunds and handling chargebacks directly with Donors.
B. Removal of a Charity from our Database. If
you are the authorized representative of a Charity, and you do not wish for
your Charity to appear in Animals First Aid - AFA ’s searchable database, you
may contact us here to
request that your Charity be removed from our database. Your email should
include your full name, title, and an email address and phone number associated
with your Charity. Please note that if your Charity is removed from the Animals
First Aid - AFA ’s database, it will not be eligible to receive contributions
through the Platform.
C. Receiving Funds. As a Charity, receipt of
Donations, minus any applicable Transaction Fees, is based upon and subject to
the applicable Payment Processor’s procedures and terms. Available Payment
Processors are described under “Payment Processors for Charities” below. Animals First Aid - AFA
is not a payment processor and does not hold funds.
D. Taxes. Animals First Aid - AFA
does not withhold funds for tax purposes or otherwise. Charities will be
solely responsible for taxes based on applicable international, federal, state,
local or any other taxes or levies, or for any applicable taxes based on their
net income or gross receipts (if any).
E. Donor Lists and Other Data. A Charity
may access information about an Organizer of a Fundraiser for the Charity,
Donor Lists (defined below) and Donor Data (defined below) for compliance and
transactional purposes. Please contact us here with any
questions. “Donor Data” means a Donor’s name, email address, Donation amount,
date of transaction, transaction identification number, and name of the
project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH
THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND ANIMALS FIRST AID - AFA
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY,
COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED
THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation
or seeks to be anonymous through other means provided herein, by using the
Services, the Donor consents to the disclosure of Donor’s Donor Data as
described herein, including without limitation, disclosure as part of a Donor
List.
Taxes: It is your responsibility to determine
what, if any, taxes apply to the Donations you receive through your use of the
Services. It is solely your responsibility to assess, collect, report or remit
the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for
maintaining the confidentiality of your password and account, if any, and are
fully responsible for any and all activities that occur under your password or
account. You agree to: (i) immediately notify Animals First Aid - AFA of
any unauthorized use of your password or account or any other breach of
security; and (ii) sign out from your account at the end of each session when
accessing the Services. Animals First Aid - AFA will not be liable for
any loss or damage arising from your failure to comply with this section.
reCAPTCHA: The Platform uses the reCAPTCHA product
to provide an added level of security. reCAPTCHA is subject to the
Google Privacy Policy and Terms of Service.
GoogleMaps: The Platform uses the Google Maps
feature and content, which is subject to the then-current versions of the: (i)
Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html;
and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.
Modifications to the Services: Animals First Aid - AFA
reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Services (or any part thereof) at any time and for any reason,
with or without notice, and without any liability to you or to any third party
for any claims, damages, costs, or losses resulting therefrom.
Content Manifestly Made Public by the User.
A. Public Content; Public Display of Information and
Donations. Some of your activity on and through the Services is
public, such as content you post publicly on the Platform (including
descriptions, texts, music, sound, information, data, software, graphics,
comments, photos, videos, images, trademarks, logos, brands or other materials
you upload or post through the Services, including through Animals First
Aid - AFA Clips or other functions on the Animals First Aid - AFA
Platform, or share with other Users or recipients) (collectively,
“User Content”). Additionally, User profile information, including your first
and last name, public email address, organization, personal biography, and
other information you enter in connection with your User profile may be
displayed to other Users to facilitate User interaction within the Services.
For example, as an Organizer, you might post your personal data – such as
information about a recent hospital stay – which data might be considered
sensitive data. In addition, as a Donor, you have the option to publicly
display your Donation for all to see, including on search engines (like Google
and Yahoo). To keep the details of your Donation private from the general
public, click the “Private” checkbox during the Donation process. Please
remember that if you choose to provide information using certain public
features of the Services, then that information is governed by the privacy
settings of those particular features and may be publicly available.
Individuals reading such information may use or disclose it to other
individuals or entities without our knowledge and without your knowledge, and
search engines may index that information. We therefore urge you to think
carefully about including any specific information you may deem private in
content that you create or information that you submit through the Services.
Please see our Privacy Notice for information on the ways that we may
collect, use, and store certain information about you and your use of the
Services.
B. Other Information. Please be advised that User
Content and other information, solicited or unsolicited, that you provide to
Animals First Aid - AFA may be publicly accessible, such as information
you post in forums, comment sections or in response to surveys we may send out.
We also collect information through customer support communications, your
communications to us of ideas for new products or modifications to existing
products, and other unsolicited submissions, or any questions, comments,
suggestions, ideas, feedback or other information about the Services
(collectively, with publicly-accessible information, “Other Information”). By
sending us Other Information: (i) you agree that we are under no obligation of
confidentiality, expressed or implied, with respect to the Other Information;
(ii) you acknowledge that we may have something similar to the Other
Information already under consideration or in development; (iii) you agree that
Animals First Aid - AFA will be entitled to the unrestricted use and
dissemination of the Other Information for any purpose, commercial or
otherwise, without acknowledgment or compensation to you; (iv) you represent
and warrant that you have all rights necessary to submit the Other Information;
(v) to the extent necessary, you hereby grant to Animals First Aid - AFA
a fully paid, royalty-free, perpetual, irrevocable, worldwide,
non-exclusive, and fully transferable and sublicensable right (through multiple
tiers) and license to use, reproduce, perform, display, distribute, adapt,
modify, re-format, create derivative works of, and otherwise commercially or
non-commercially exploit in any manner, any and all Other Information, and to
sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to
be waived, against Animals First Aid - AFA and its Users any claims and
assertions of any moral rights contained in such Other Information. This Other
Information section shall survive any termination of your account or the
Services.
You acknowledge and agree that Animals First Aid - AFA may preserve
Other Information, as well as User Content, and may also disclose your Other
Information or User Content if required to do so by law or in the good-faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process, applicable laws or government requests; (b) enforce
these Terms of Service; (c) respond to claims that any User Content violates
the rights of third parties; or (d) protect the rights, property, or personal
safety of Animals First Aid - AFA , its Users, employees or the public.
Third-Party Communications: If you use any feature of
the Services that allows you to communicate with third parties (such as to
refer a third party to the Services or to communicate with them regarding a
Fundraiser or a Donation), either by submitting data about the third party
(“Third-Party Data”) to the Services or otherwise permitting the Services to
automatically access Third-Party Data in your possession, you acknowledge and
agree that you have the authority of the relevant third party for us to access
and use the relevant Third-Party Data and that you have notified these third
parties and informed them how their information is collected and used by
Animals First Aid - AFA to provide the Services. We reserve the right to
identify you as the person who has made the referral in any messages that are
sent to them. We use Third-Party Data to: (i) contact such third party using
the Third-Party Data provided; and/or (ii) provide you with an editable
template message designed to facilitate communications between you and such
third party through the Services. In addition to sending the foregoing
communications, we may also send reminders or related messages to you and to
third parties on your behalf from time to time where permitted by applicable
law. In each case, any such communication sent to third parties using
Third-Party Data will provide a means to “opt out” of receiving further
communication of the same nature.
Promotions on the Platform: If you are located in the
United Kingdom, you will be permitted to offer give-away incentives (e.g., one
sticker, while supplies last, for every donation made) in connection with Your
Fundraiser. Otherwise, You are not permitted to offer any contest,
competition, reward, give-away, raffle, sweepstakes or similar activity (each,
a “Promotion”) on or through the Services.
Sales Prohibited on the Platform: You are not permitted to offer
any good or service in exchange for a Donation on the Platform.
Data Retention: You acknowledge that Animals
First Aid - AFA has no obligation to you to retain data relating to any
account or Fundraiser. You acknowledge that Animals First Aid - AFA
reserves the right to delete data or to terminate accounts or Fundraisers
at any time and for any reason, with or without notice, and without any
liability to you or to any third party for any claims, damages, costs or losses
resulting therefrom. The foregoing does not apply to Fundraisers or accounts
started by Charities on the Platform, in which case Animals First Aid - AFA
will provide reasonable notice where possible.
Mobile Services and Text Messages: The Animals First Aid -
AFA Services include certain features that may be made available via a
mobile device, including the ability to: (i) upload User Content to the
Platform; (ii) browse the Platform; and (iii) access certain items through an
application downloaded and installed on a mobile device (collectively, the
“Mobile Services”). To the extent you access Mobile Services, your wireless
service carrier’s standard charges, data rates and other fees may apply. In
addition, downloading, installing, or using certain Mobile Services may be
prohibited or restricted by your carrier, and not all Mobile Services may work
with all carriers or devices. By using the Mobile Services, you agree that we
may communicate with you about matters related to your account by SMS, MMS,
text message or other electronic means to your mobile device and that certain
information about your usage of the Mobile Services may be communicated to
us. Further, when setting up your Animals First Aid - AFA account,
if you click “Send code” by “Text Message,” you agree to receive automated text
messages related to your account from or on behalf of Animals First Aid - AFA
at the phone number provided. You can reply STOP to such text
messages to cancel, except for automated text messages related to the security
of your account. Message frequency will vary. Message and data rates may
apply. We will comply with any additional requirements that may apply
under local laws and regulations before communicating with you in this manner.
In the event that you change or deactivate your mobile telephone number, you
agree to promptly update your Animals First Aid - AFA account information
to ensure that your messages are not sent to the person that acquires your old
number.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law
in relation to your Fundraiser or use of the Services. You are further solely
responsible for all User Content that you upload, post, publish, display,
transmit or otherwise use. You are also responsible for ensuring the funds
raised are used for the purpose outlined in the Fundraiser. If you are not the
Beneficiary of the Fundraiser you organize, you agree to deliver funds to the
ultimate Beneficiary directly and as soon as possible. You agree to fully
cooperate with any request we make for evidence we deem necessary to verify
your compliance with these Terms of Service.
The following are examples of User Content and/or use that is
illegal or prohibited by Animals First Aid - AFA . This list is not exhaustive
and we reserve the right to remove any Fundraiser and/or investigate any User
who, in our sole discretion, violates any of the terms or spirit of these Terms
of Service, or other policies such as the Animals First Aid - AFA Giving
Guarantee or Beneficiary Guarantee. As we investigate your Fundraiser, a User,
or User Content, we may consider all available material including but not
limited to social media, related news, and any other information that we, in
our sole discretion, deem relevant in our review. We further reserve the right,
without limitation, to ban or disable your use of the Services, remove the
offending User Content, suspend or terminate your account, stop payments to any
Fundraiser, freeze or place a hold on Donations, and report you to law
enforcement authorities or otherwise take appropriate legal action, including
without limitation, seeking restitution on behalf of ourselves and/or our
Users.
Without limiting the foregoing, you agree and represent, warrant
and covenant:
A. not to use the Services to raise funds or establish or
contribute to any Fundraiser with the implicit or explicit purpose of promoting
or involving:
1. the violation of any law,
regulation, industry requirement, or third-party guidelines or agreements by
which you are bound, including those of payment card providers and transaction
processors that you utilize in connection with the Services;
2. fundraisers that are
fraudulent, misleading, inaccurate, dishonest or impossible;
3. offensive, graphic, perverse or
sensitive or sexual content;
4. the funding of a ransom, human
trafficking or exploitation, vigilantism, bribes or bounty;
5. drugs, narcotics, steroids,
controlled substances pharmaceuticals or similar products or therapies that are
either illegal, prohibited, or enjoined by an applicable regulatory body; legal
substances that provide the same effect as an illegal drug; or other products,
medical practices or any related equipment or paraphernalia that have been
found by an applicable regulatory body to cause consumer harm;
6. activities with, in, or
involving countries, regions, governments, persons, or entities that are
subject to U.S. and other economic sanctions under applicable law, unless such
activities are expressly authorized by the appropriate governmental authority;
7. knives, explosives, ammunition,
firearms, or other weaponry or accessories;
8. User Content that reflects,
incites or promotes behavior that we deem, in our sole discretion, to be an
abuse of power or in support of terrorism, hate, violence, harassment,
bullying, discrimination, terrorist financing or intolerance of any kind
reflects an abuse of power relating to race, ethnicity, national origin,
religious affiliation, sexual orientation, sex, gender, gender identity, gender
expression, disabilities or diseases;
9. the legal defense of alleged
financial and violent crimes;
10. User Content that reflects
suicide or self-harm;
11. publication of User Content
(such as mug shots) that causes reputational harm;
12. gambling, gaming and/or any
other activity with an entry fee and a prize including, but not limited to
raffles, casino games, sports betting, fantasy sports, horse or greyhound
racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate
gambling, games of skill or chance (whether or not it is legally defined as a
lottery), promotions involving monetary rewards, including gift cards or
sweepstakes;
13. the aggregation of funds owed
to third parties, factoring, or other activities intended to obfuscate the
origin of funds;
14. annuities, investments, loans,
equity or lottery contracts, law-away system, off-short banking or similar
transactions, money service businesses (including currency exchanges, check
cashing or the like), pyramid schemes, “get rich quick schemes” (i.e.,
investment opportunities or other services, that promise high rewards), network
marketing and referral marketing programs, debt collection or
crypto-currencies;
15. the receipt or grant of cash
advances or lines of credit to yourself or to another person or purposes other
than those purposes clearly stated in the Fundraiser or for credit repair or
debt settlement services;
16. counterfeit music, movies,
software, or other licensed materials without the appropriate authorization
from the rights holder;
17. products or services that
directly infringe or facility infringement upon the trademark, patent,
copyright, trade secrets, or proprietary or privacy rights of any third party;
18. the unauthorized sale or resale
of goods or services;
19. any election campaigns in an
unsupported country unless run by a registered organization within a supported
country;
20. the collecting of payments on
behalf of merchants by Payment Processors or otherwise; including but not
limited to self-payments on Fundraisers or an attempt to bypass or otherwise
circumvent the designated method of payment as provided by Animals First Aid -
AFA ;
21. the collecting or providing of
funds for any purpose other than as described in a Fundraiser description; or
22. any other activity that Animals First Aid -
AFA may deem, in its sole discretion, to: (a) be unacceptable or
objectionable; (b) restrict or inhibit any other person from using or enjoying
the Services; or (c) expose Animals First Aid - AFA , its employees or Users to
any harm or liability of any type.
B. not to use the Services to transmit or otherwise upload any
User Content that: (i) infringes any intellectual property or other proprietary
rights of any party; (ii) you do not have a right to upload under any law or
under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk
to any person; or (v) constitutes unsolicited or unauthorized advertising,
promotional materials, commercial activities and/or sales, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other
form of solicitation;
C. not to interfere with or disrupt servers or networks connected
to or used to provide the Services or their respective features, or disobey any
requirements, procedures, policies or regulations of the networks connected to
or used to provide the Services;
D. not to harvest, collect or publish personally identifiable
information of others;
E. not to raise funds for a minor without the express permission
of the minor’s guardian unless the funds are transferred into a trust, UTMA or
UGMA account for the sole benefit of the minor;
F. not to use the Services on behalf of a third party or post any
personal data or other information about a third party, without the express
consent of that third party;
G. not to use another User’s account or URL without permission,
impersonate any person or entity, falsely state or otherwise misrepresent your
affiliation with a person or entity, misrepresent a Charity or Fundraiser
through the Services, or post User Content in any inappropriate category or
areas on the Services;
H. not to create any liability for Animals First Aid - AFA
or cause us to lose (in whole or in part) the services of our Internet
Service Provider(s), web hosting company or any other vendors or suppliers;
I. not to gain unauthorized access to the Services, or any
account, computer system, or network connected to the Services, by any unauthorized
or illegal means;
J. not to obtain or attempt to obtain any materials or information
not intentionally made available through the Services;
K. not to use the Services to post, transmit or in any way exploit
any information, software or other material for commercial purposes, or that
contain advertising, except that using the Services for fundraising activities
in accordance with these Terms of Service is expressly permitted;
L. not to transmit more request messages through the Services in a
given period of time than a human can reasonably produce in the same period by
using a conventional online web browser;
M. not to undertake any activity or engage in any conduct that is
inconsistent with the business or purpose of the Services; or
N. not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept
through the Services, you agree and represent, warrant and covenant:
A. not to make or accept any Donations that you know or suspect to
be erroneous, suspicious or fraudulent;
B. not to use the Services in or for the benefit of a country,
organization, entity, or person embargoed or blocked by any government,
including those on sanctions lists identified by the United States Office of
Foreign Asset Control (OFAC);
C. to maintain reasonable and standard security measures to
protect any information transmitted and received through the Services,
including without limitation, adhering to any security procedures and controls
required by Animals First Aid - AFA from time to time;
D. to maintain a copy of all electronic and other records related
to Fundraisers and Donations as necessary for Animals First Aid - AFA to
verify compliance with these Terms of Service and make such records available
to Animals First Aid - AFA upon our request. For clarity, the foregoing
does not affect or limit your obligations to maintain documentation as required
by applicable laws, rules, regulations, or governmental authority; and
E. at Animals First Aid - AFA ’s request, to fully cooperate in
the auditing of, investigation of (including without limitation, investigations
by Animals First Aid - AFA , a Payment Processor, or a regulatory or governmental
authority), and remedial efforts to correct any alleged or uncovered violation
or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are
connected.
Animals First Aid - AFA reserves the right to refuse,
condition, or suspend any Donations or other transactions that we believe in
our sole discretion may violate these Terms of Service or harm the interests of
our Users, business partners, the public, or Animals First Aid - AFA , or that
expose you, Animals First Aid - AFA , or others to risks unacceptable to us. We
may share any information related to your use of the Services with the
appropriate financial institution, regulatory authority, or law enforcement
agency consistent with our Privacy Notice. This information may include information about
you, your account, your Donors, your Donations, and transactions made through
or in connection with your use of the Services.
DONOR CONDUCT
Donations: In order to contribute to a Fundraiser
or to a Charity, a Donor will be required to provide Animals First Aid - AFA
information regarding the Donor’s credit card or other payment instrument
(“Payment Instrument”) that is linked to the Donor’s Animals First Aid - AFA
account (a “Billing Account”). You, as a Donor, represent and warrant to
Animals First Aid - AFA that such information is true, current and
accurate and that you are authorized to use the applicable Payment Instrument.
You agree that a certain minimum Donation amount may apply, and that all
Donations are final and will not be refunded unless Animals First Aid - AFA ,
in its sole discretion, agrees to issue a refund, for example in accordance
with the Animals First Aid - AFA Giving Guarantee. Animals First Aid -
AFA uses third-party payment processing partners to bill you through your
Payment Instrument and Billing Account for any Donations made, and Donors
acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees
to the processing, use, transfer or disclosure of data by the Payment
Processors pursuant to these Terms of Service as well as any and all applicable
terms set forth by our payment partners. For a list of our current
Payment Processors and links to their terms of service, please see the PAYMENT
PROCESSORS section below.
ORGANIZERS, BENEFICIARIES OR CHARITIES
Account Holds: From time to time,
Animals First Aid - AFA may, in its sole discretion, place a hold on a
Fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the
transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer,
secure reserves, or take similar actions to protect its interests and those of
its Users. Some of the reasons that we may take such actions include, but are
not limited to, our belief or determination, in our sole and absolute
discretion, that: (i) information provided by an Organizer is false,
misleading, or fraudulent, or funds are being used in a prohibited manner; (ii)
the funds available should be provided directly to a person other than the
Organizer, such as a legal beneficiary or person entitled by law to act on
behalf of an Organizer; (iii) a Fundraiser or Organizer has violated these
Terms of Service; (iv) the Organizer is colluding with Donors to engage in
fraudulent activity; (v) there may be suspicious or fraudulent Donation
activity; or (vi) such action(s) is required to comply with a court order,
subpoena, writ, injunction, or as otherwise required under applicable laws and
regulations. If you have questions about a Hold we may have placed on your
Fundraiser account, or need information about how to resolve the Hold,
please visit Support
Center..
Withdrawing Donations from a Fundraiser: While Animals First Aid -
AFA strives to make Withdrawals available to you promptly, you
acknowledge and agree that: (i) Withdrawals may not be available to you for use
immediately; (ii) Animals First Aid - AFA does not guarantee that Withdrawals
will be available to you within any specific time frame; and (iii) Animals
First Aid - AFA expressly disclaims any and all responsibility for any
delay in Withdrawals or your inability to access and use Withdrawals at any
specified time, and any consequences arising from such delay or inability. You,
as an Organizer and/or Beneficiary, are responsible for ensuring that the
information you provide to Animals First Aid - AFA in order to process a
Withdrawal, including bank account information, is accurate and up to date.
Animals First Aid - AFA may, at any time, for any reason, without notice,
and in its sole discretion, offer or issue a refund of Donation(s) with or
without consulting with you, which may comprise the entire amount donated to
your Fundraiser. Animals First Aid - AFA is not liable to you or to any
third party for any claims, damages, costs, losses, or other consequences
caused by Animals First Aid - AFA issuing refunds, including, but not
limited to transaction or overdraft fees.
PAYMENT PROCESSORS
Animals First Aid - AFA uses Payment Processors to process
Donations for your Fundraiser and thereafter deliver it to you. In order to
withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary
(collectively “Withdrawing Entity”) will be required to provide the Payment
Processor information regarding bank account information (“Withdrawing
Account”). You, as Withdrawing Entity, represent and warrant to Payment
Processor and Animals First Aid - AFA that such information is true and that
you are authorized to use the applicable Withdrawing Account.
Payment Processors for Charities: Animals First Aid - AFA
has partnered with PayPal and, in limited circumstances, Adyen or Stripe,
for Donations to Charities. Although exceptions can be made, Charities in the
United States, United Kingdom, Ireland, Canada and Australia will be defaulted
to using PayPal to process Donations made through the Services. The manner in
which transactions are processed is explained below. Charities in other
countries will be defaulted to using Adyen or Stripe.
A. PayPal.
i. Except as noted above, PayPal is the Payment Processor for
Fundraisers with a Charity identified as a Beneficiary.
ii. In the United States, all Donations made through those
Fundraisers will be accepted by PayPal Giving Fund, a grant-giving
IRS-registered 501(c)(3) public charity. PayPal Giving Fund receives Donations
from Users as the charity of record and then, to the extent it is able, grants
Funds to the Charity selected by the Organizer and identified in the
Fundraiser. While PayPal Giving Fund takes multiple steps to attempt to grant
donated funds according to the Donor’s identified preference, PayPal Giving Fund
retains exclusive control over all Donations. If a Charity fails to meet the
terms of PayPal Giving Fund’s Nonprofit Certification Policy and/or fails to
meet PayPal Giving Fund’s due diligence standards for receipt of a donation at
any time, PayPal Giving Fund may reassign the funds in accordance with its
policy here.
When PayPal Giving Fund receives your Donation, it will forward the Donation to
the Charity of your choice, but PayPal Giving Fund will appear on your tax
receipt. Donations made through PayPal Giving Fund are governed by the Privacy Policy
and User Agreement of PayPal Giving Fund and PayPal.
iii. PayPal Giving Fund has foreign counterparts, which are also
registered charities in those countries. For example, if an Organizer in the
United Kingdom starts a Fundraiser for a Charity in the United Kingdom, then
PayPal will act as the Payment Processor with PayPal Giving Fund UK receiving
the Donations. Thereafter, PayPal Giving Fund UK will grant funds to the
Charity identified in the Fundraiser, to the extent it is able, and it will
issue country dependent tax documentation for all Donations received through
it.
B. Adyen or Stripe. When Adyen or Stripe processes a
Donation through the Services for a Charity, the Donation will go directly from
the Donor to the Charity’s merchant account. Donations will appear on the
Donor’s credit card statement under the name of the Charity to which the Donor
contributed. For more information, see Adyen Terms and Conditions or Stripe’s services agreement.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT
CONTROLS
Software (as defined below) available in connection with the
Services and the transmission of applicable data, if any, may be subject to
export controls and economic sanctions laws of the United States or other
jurisdictions. No Software may be downloaded from the Services or otherwise
exported or re-exported in violation of such export control and economic
sanctions laws. Downloading or using the Software is at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all
local rules and laws regarding your use of the Services, including as it
concerns online conduct and acceptable content.
APPLE-ENABLED SOFTWARE APPLICATIONS
Animals First Aid - AFA offers Software applications that
are intended to be operated in connection with products made commercially
available by Apple Inc. (“Apple”), among other platforms. With respect to
Software that is made available for your use in connection with an
Apple-branded product (such Software, “Apple-Enabled Software”), in addition to
the other terms and conditions set forth in these Terms of Service, the
following terms and conditions apply:
·
Animals First Aid - AFA and you acknowledge that these Terms
of Service are concluded between Animals First Aid - AFA and you only,
and not with Apple, and that as between Animals First Aid - AFA and
Apple. Animals First Aid - AFA , not Apple, is solely responsible for the
Apple-Enabled Software and the content thereof.
·
You may not use the Apple-Enabled Software in any manner that is
in violation of or inconsistent with the Usage Rules set forth for
Apple-Enabled Software in, or otherwise be in conflict with, the App Store
Terms of Service.
·
Your license to use the Apple-Enabled Software is limited to a
non-transferable license to use the Apple-Enabled Software on an iOS Product
that you own or control, as permitted by the Usage Rules set forth in the App
Store Terms of Service.
·
Apple has no obligation whatsoever to provide any maintenance or
support services with respect to the Apple-Enabled Software.
·
Apple is not responsible for any product warranties, whether
express or implied by law. In the event of any failure of the Apple-Enabled
Software to conform to any applicable warranty, you may notify Apple, and Apple
will refund the purchase price for the Apple-Enabled Software to you, if any;
and, to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the Apple-Enabled
Software, or any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty, which will be Animals
First Aid - AFA ’s sole responsibility, to the extent it cannot be disclaimed
under applicable law.
·
Animals First Aid - AFA and you acknowledge that Animals
First Aid - AFA , not Apple, is responsible for addressing any claims of you or
any third party relating to the Apple-Enabled Software or your possession
and/or use of that Apple-Enabled Software, including, but not limited to: (i)
product liability claims; (ii) any claim that the Apple-Enabled Software fails
to conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
·
In the event of any third party claim that the Apple-Enabled
Software or the end-user’s possession and use of that Apple-Enabled Software
infringes that third party’s intellectual property rights, as between Animals
First Aid - AFA and Apple, Animals First Aid - AFA , not Apple, will be
solely responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim.
·
You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties
and (iii) you are not located in any other country or jurisdiction from which
you would be barred from using the Services by applicable law.
If you have any questions, complaints or claims with respect to
the Apple-Enabled Software, they should be directed to Animals First Aid - AFA
as follows:
ANIMALS FIRST AID NFP
EIN 99-1042428
4435 South Oakenwald
Chicago
IL 60653
USA
Animals First Aid - AFA and you acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service
with respect to the Apple-Enabled Software, and that, upon your acceptance of
the terms and conditions of these Terms of Service, Apple will have the right
(and will be deemed to have accepted the right) to enforce these Terms of
Service against you with respect to the Apple-Enabled Software as a third-party
beneficiary thereof. Accordingly, the parties acknowledge and agree that
Animals First Aid - AFA enters into this clause (“Apple-Enabled Software
Applications”) for its own benefit and on its own behalf and also as an agent
for the benefit and on behalf of Apple and its subsidiaries with respect to the
exercise and enforcement of all rights, benefits and remedies of Apple and its
subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled
Software Applications”) which rights, benefits and remedies shall be
enforceable by Animals First Aid - AFA in its own right and also as agent
for and on behalf of each of Apple and its subsidiaries. Animals First Aid -
AFA may amend, terminate or rescind these Terms of Service without the
consent of Apple or any such subsidiary.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree
that the Services may contain content or features (“Services Content”) that are
protected by copyright, patent, trademark, trade secret or other proprietary
rights and laws. Except as expressly authorized by Animals First Aid - AFA ,
you agree not to modify, copy, frame, scrape, rent, lease, loan, sell,
distribute or create derivative works based on the Services or the Services
Content, in whole or in part, except that the foregoing does not apply to your
own User Content that you legally upload to the Services. In connection with
your use of the Services you will not engage in or use any data mining,
spiders, robots, scraping or similar data gathering or extraction methods. If
you are blocked by Animals First Aid - AFA from accessing the Services
(including by blocking your IP address), you agree not to implement any
measures to circumvent such blocking (e.g., by masking your IP address or using
a proxy IP address). Any use of the Services or the Services Content other than
as specifically authorized herein is strictly prohibited. The technology and
software underlying the Services or distributed in connection therewith are the
property of Animals First Aid - AFA , our affiliates and our partners (the
“Software”). You agree not to copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, or otherwise transfer any right in the Software. Any
rights not expressly granted herein are reserved by Animals First Aid - AFA .
The Animals First Aid - AFA name and logos are trademarks
and service marks of Animals First Aid - AFA (collectively the “Animals
First Aid - AFA Trademarks”). Other company, product, and service names
and logos used and displayed via the Services may be trademarks or service
marks of their respective owners, who may or may not endorse or be affiliated
with or connected to Animals First Aid - AFA . Nothing in these Terms of
Service or the Services should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of Animals First Aid - AFA
Trademarks displayed on the Services, without our prior written
permission in each instance. All goodwill generated from the use of Animals
First Aid - AFA Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances
will Animals First Aid - AFA be liable in any way for any content or
materials of any third parties (including Users) or any User Content
(including, but not limited to, for any errors or omissions in any User
Content), or for any loss or damage of any kind incurred as a result of the use
of any such User Content. You acknowledge that Animals First Aid - AFA
does not pre-screen User Content, but that Animals First Aid - AFA and
its designees will have the right (but not the obligation) in their sole
discretion to refuse, remove, or allow any User Content that is available via
the Services at any time and for any reason, with or without notice, and
without any liability to you or to any third party for any claims, damages,
costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User
Content, you represent and warrant that you own all right, title and interest
in and to, or otherwise have all necessary rights and consents to (and to allow
others to) fully exploit, such User Content, including, without limitation, as
it concerns all copyrights, trademark rights and rights of publicity or privacy
related thereto. By uploading, sharing, providing, or otherwise making
available any User Content, or any portion thereof, in connection with the
Services, you hereby grant and will grant Animals First Aid - AFA and its
affiliated companies and Users a nonexclusive, worldwide, royalty free, fully
paid up, transferable, sublicensable, perpetual, irrevocable license to copy,
display, upload, perform, distribute, store, modify and otherwise use your User
Content in connection with the operation of the Services or the promotion,
advertising or marketing thereof, in any form, medium or technology now known
or later developed. Without limiting the foregoing, if any User Content
contains your name, image or likeness, you hereby release and hold harmless
Animals First Aid - AFA and its contractors and employees, from: (i) all
claims for invasion of privacy, publicity or libel; (ii) any liability or other
claims by virtue of any blurring, distortion, alteration, optical illusion, or
other use or exploitation of your name, image or likeness; and (iii) any
liability for claims made by you (or any successor to any claim you might
bring) in connection with your User Content, name, image or likeness. You waive
any right to inspect or approve any intermediary version(s) or finished
version(s) of the results of the use of your User Content (including your name,
image or likeness). Further, if any person (other than you) appears in your
User Content, you represent and warrant that you have secured all necessary
licenses, waivers and releases from such person(s) for the benefit of Animals
First Aid - AFA in a manner fully consistent with the licenses, waivers
and releases set forth above. You further acknowledge that your participation
in the Services and submission of User Content is voluntary and that you will
not receive financial compensation of any type associated with the licenses,
waivers, and releases set forth herein (or Animals First Aid - AFA ’s
exploitation thereof), and that the sole consideration for subject matter of
this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made
available through the Services. We reserve the right to, but do not have any
obligation to: (a) remove, edit or modify any Services Content or User Content,
in our sole discretion, at any time, without notice to you and for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Services Content or User Content,
or if we are concerned that you may have violated these Terms of Service), or
for no reason at all; and (b) remove or block any Services Content or User
Content from the Services.
Payment Card Industry Data Security Standard: The Payment Card Industry
Data Security Standard (PCI DSS) is a set of industry-mandated requirements for
any business that handles, processes, or stores credit card information. The
primary purpose of the standard is to maintain controls around cardholder data
to reduce credit card fraud. Although card data is processed and stored by our
Payment Processors, Animals First Aid - AFA has achieved the highest
level of PCI Compliance as PCI DSS Level 1 Compliance Service Provider.
Copyright or Trademark Complaints: Animals First Aid - AFA
respects the intellectual property of others, and we ask our Users to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or that your intellectual property rights
have been otherwise violated, you should notify Animals First Aid - AFA
of your infringement claim in accordance with the procedure set forth
below.
Animals First Aid - AFA will process and investigate notices
of alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act (“DMCA”), trademark infringement and other applicable
intellectual property laws with respect to any alleged or actual infringement.
A notification of claimed infringement should be emailed to Animals First Aid -
AFA ’s Copyright Agent at GFMLegal@Animals First Aid - AFA .com (Subject line:
“DMCA Takedown Request”). You may also contact us by mail at:
ANIMALS FIRST AID NFP
EIN 99-1042428
4435 South Oakenwald
Chicago
IL 60653
USA
To be effective, the notification must be in writing and contain the following
information:
·
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property
interest;
·
a description of the copyrighted work, trademark, or other
intellectual property that you claim has been infringed;
·
a description of where the material that you claim is infringing
is located on the Services, with enough detail that we may find it on the
Services;
·
your address, telephone number, and email address;
·
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright, trademark or intellectual
property owner, its agent, or the law; and
·
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
Counter-Notice: If you believe that your
User Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the owner, the owner’s
agent, or pursuant to the law, to upload and use the content in your User
Content, you may send a written counter-notice containing the following
information to the above-listed Copyright Agent:
·
your physical or electronic signature;
·
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 you have a good-faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
·
your name, address, telephone number, and email address, and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Animals
First Aid - AFA will send a copy of the counter-notice to the original
complaining party, informing that person that Animals First Aid - AFA may
replace the removed content or cease disabling it in 10 business days. Unless
the 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 our
sole discretion.
Repeat Infringer Policy: In accordance with the
DMCA, trademark and other applicable law, Animals First Aid - AFA has
adopted a policy of terminating, in appropriate circumstances and at Animals
First Aid - AFA ’s sole discretion, Users who are deemed to be repeat infringers.
Animals First Aid - AFA may also at its sole discretion limit access to
or terminate the Services and/or terminate the memberships of any Users who
infringe any intellectual property rights of others, whether or not there is
any repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links,
tools, widgets or other features that allow you to access other sites, services
and resources provided by third parties (collectively, “Third Party
Resources”). Animals First Aid - AFA has no control over such Third Party
Resources or any products, services or content made available through or by
such Third Party Resources, or the business practices of the third parties
providing such Third Party Resources, and Animals First Aid - AFA is not
responsible for and does not endorse such Third Party Resources or the
products, services or content made available thereby. You acknowledge that
Animals First Aid - AFA is not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such
Third Party Resources. You further acknowledge and agree that Animals First Aid
- AFA will 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 content, events, goods or services available on or
through any such Third Party Resources. Any dealings you have with third
parties found while using the Services are between you and the third party and
may be subject to additional terms provided by the third party, which you agree
to by using such Third Party Resources. As an example of this, if you use
the Platform through your mobile device, and you upload a video to a
Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of
Service. And you agree that Animals First Aid - AFA is not
liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold Animals First
Aid - AFA and its affiliates and their officers, employees, directors and
agents harmless from any and all losses, damages, expenses, including
reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims,
actions of any kind and injury (including death) arising out of or relating to
your use of the Services, any Donation or Fundraiser, any User Content, your
connection to the Services, your violation of these Terms of Service or your
violation of any rights of another. You agree that Animals First Aid - AFA
has the right to conduct its own defense of any claims at its own
discretion, and that you will indemnify Animals First Aid - AFA for the
costs of its defense (including, but not limited to attorney’s fees). If you
are a California resident, you waive California Civil Code Section 1542, which
says: “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the
time of executing the release, and that if known by him or her would have
materially affected his or her settlement with the debtor or released party.”
If you are a resident of another jurisdiction—in or outside of the United
States—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANIMALS FIRST AID - AFA
AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF
ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
ANIMALS FIRST AID - AFA AND ITS AFFILIATES MAKE NO WARRANTY
OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER ANIMALS FIRST AID - AFA NOR ITS
AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF
PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE;
(V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF
ANIMALS FIRST AID - AFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS
AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING
TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL ANIMALS FIRST AID - AFA ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
(INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF
ACTION EXCEED THE AMOUNT YOU HAVE PAID ANIMALS FIRST AID - AFA IN THE
LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$ 100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR
WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THE SERVICES.
DISPUTES
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE
REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES
BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN
THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY)
WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES
RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF
PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO
APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER
RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE
EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service
will be deemed to waive, preclude, or otherwise limit the right of either of us
to: (i) bring an individual action in small claims court; (ii) pursue an
enforcement action through the applicable federal, state, or local agency if
that action is available; (iii) seek injunctive relief in a court of law; or
(iv file suit in a court of law to address an intellectual property
infringement claim.
The Process: Any arbitration between you and us will
be settled under the Federal Arbitration Act and administered by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules
(collectively, “AAA Rules”) as modified by these Terms of Service. The AAA
Rules and filing forms are available online at www.adr.org.
A party who intends to seek arbitration must first send a written
notice of the dispute to the other party by certified U.S. Mail or by Federal
Express (signature required) or, only if that other party has not provided a
current physical address, then by electronic mail (“Notice of Arbitration”).
Our current address for Notice is: Animals First Aid - AFA , ℅ Legal
Department, PO Box 121270, 815 E Street, San Diego, CA,
92101, United States. The Notice of Arbitration must: (i) describe the
nature and basis of the claim or dispute; and (ii) set forth the specific
relief sought (“Demand”). We agree to work with you and make a good faith
effort to resolve the claim directly, but if we are not successful within 60
days after the Notice of Arbitration is received, you or we may commence an
arbitration proceeding. All arbitration proceedings between the parties will be
confidential unless otherwise agreed by the parties in writing. During the
arbitration, the amount of any settlement offer made by either of us must not
be disclosed to the arbitrator until after the arbitrator makes a final
decision and award, if any. If the arbitrator awards you an amount which
exceeds the last written settlement amount offered by us in settlement of the
dispute prior to the award, we will pay to you the higher of: (a) the amount
awarded by the arbitrator; or (b) US$10,000.00.
Fees: If you commence arbitration in
accordance with these Terms of Service, we will reimburse you for your payment
of the filing fee unless your claim is for more than US$10,000 in which case
the payment of any fees will be decided by the AAA Rules. Any arbitration
hearing will take place at an agreed upon location in San Francisco, California,
but if the claim is for US$10,000 or less, you may choose whether the
arbitration will be conducted: (i) solely on the basis of documents submitted
to the arbitrator; (ii) through a telephone hearing; or (iii) by an in-person
hearing as established by the AAA Rules in the county of your billing address.
If the arbitration finds that either the substance of your claim or the relief
sought in the Demand is frivolous or brought for an improper purpose (as
measured by the standards set forth in the Federal Rule of Civil procedure
11(b)), then the payment of all fees will be governed by the AAA Rules. In that
case, you agree to reimburse us for all monies previously disbursed by us that
are otherwise your obligation to pay under the AAA Rules. Regardless of the
manner in which the arbitration is conducted, the arbitrator must issue a
reasoned written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. The arbitrator
may make rulings and resolve disputes as to the payment and reimbursement of
fees or expenses at any time during the proceeding and upon request from either
party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions: YOU AND WE AGREE THAT
EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless
both you and we 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.
Modifications to this Arbitration Provision: If we make any future
change to this arbitration provision, other than a change to our address for
Notice of Arbitration, you may reject the change by sending us written notice
within 30 days of the change to our address for Notice of Arbitration, 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.
Enforceability: If this Disputes section
is found to be unenforceable, then the entirety of this Disputes section will
be null and void and, in that case, the parties agree that the exclusive
jurisdiction and venue described in the General section below will govern any
action arising out of or related to these Terms of Service.
Confidentiality: We each agree to keep the
arbitration proceedings, all information exchanged between us, and any
settlement offers confidential, unless otherwise required by law or requested
by law enforcement or any court or governmental body. However, we may each
disclose these matters, in confidence, to our respective accountants, auditors,
and insurance providers.
TERMINATION
You
agree that Animals First Aid - AFA , in its sole discretion, may suspend or
terminate your account (or any part thereof) or your access to the Services and
remove and discard any User Content or data at any time and for any reason,
with or without notice, and without any liability to you or to any third party
for any claims, damages, costs or losses resulting therefrom.
USER DISPUTES
You
agree that you are solely responsible for your interactions with any other User
in connection with the Services and Animals First Aid - AFA will have no
liability or responsibility with respect thereto. Animals First Aid - AFA
reserves the right, but has no obligation, to become involved in any way
with disputes between you and any other User of the Services.
CONTENTS
All content on www.animalsfirstaid.org, including but not limited to stories, campaigns, news, newsletters, images, and graphics, is the sole property of www.animalsfirstaid.org. We retain full discretion to remove, retain, or edit any content on our site. No charity partner or fundraising partner, regardless of their association with the stories or content, has any authority to influence our decisions regarding the maintenance or removal of such content.
GENERAL
These
Terms of Service constitute the entire agreement between you and Animals First
Aid - AFA and govern your use of the Services, superseding any prior
agreements between you and Animals First Aid - AFA with respect to the
Services. You also may be subject to additional terms of service that may apply
when you use affiliate or third-party services, third-party content or
third-party software. These Terms of Service will be governed by the laws of
the State of California without regard to its conflict of law provisions. With
respect to any disputes or claims not subject to arbitration, as set forth
above, you and Animals First Aid - AFA agree to submit to the personal
and exclusive jurisdiction of the state and federal courts located within San
Mateo County, California. The failure of Animals First Aid - AFA to
exercise or enforce any right or provision of these Terms of Service will not
constitute a waiver of such right or provision. If any provision of these Terms
of Service is found by a court of competent jurisdiction to be (or are
otherwise) 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 these Terms of Service 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
Services or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. A printed version of this
agreement and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
may not assign these Terms of Service without the prior written consent of
Animals First Aid - AFA , but Animals First Aid - AFA may assign or
transfer these Terms of Service, in whole or in part, without restriction. If
we fail to enforce any of our rights, that does not result in a waiver of that
right. The section titles in these Terms of Service are for convenience only
and have no legal or contractual effect. Notices to you may be made via email
or regular mail. The Services may also provide notices to you of changes to
these Terms of Service or other matters by displaying notices or links to
notices generally on the Platform. Animals First Aid - AFA may, at any
time, assign our rights or delegate our obligations hereunder without notice to
you in connection with a merger, acquisition, reorganization or sale of equity
or assets, or by operation of law or otherwise. Nothing in these Terms of
Service shall prevent Animals First Aid - AFA from complying with the
law. Animals First Aid - AFA shall not be liable for any delay or failure
to perform resulting from causes outside its reasonable control, including, but
not limited to, acts of God, war or threats of war, terrorism or threats of
terrorism, riots, embargos, acts of civil or military authorities, fire,
floods, accidents, governmental regulation or advisory, recognized health
threats,as determined by the World Health Organization, the Centers for Disease
Control, or local government authority or health agencies, strikes or shortages
or curtailment of transportation facilities, fuel, energy, labor or materials.
PRIVACY NOTICE
At
Animals First Aid - AFA , we respect the privacy of our Users. For details
please see our Privacy Notice.
By using the Services, you consent to our collection and use of personal data
as outlined therein. If you are in Europe, by using the Services, you
acknowledge Animals First Aid - AFA ’s collection and use of personal
information as described in the Privacy Notice.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please visit the Help Center to learn more about Animals First Aid - AFA
’s platform or contact us to report violations or pose any question.