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USER AGREEMENT

 

LAST UPDATED: JUNE 25, 2015

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The following terminology applies to this User Agreement, Privacy Statement and any disclaimer notice and any or all Agreements: "Visitor", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the visitor and ourselves, or either the Visitor or ourselves.

This User Agreement ("UA") govern use of the website and services (the "Services") of DirectlyTo, Inc., a North Carolina Not For Profit organization ("D2"), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the UA. By using the Services, Users agree to be bound by the terms of this UA, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). D2 may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Who is DirectlyTo.org?

D2 is a North Carolina recognized non-profit and is currently applying for a 501(c)(3) not-for-profit corporation status. We at D2 aim to improve the circumstances of all citizens in an online marketplace where individuals can describe and their community can fund specific need based projects. The Sites provide you with access to an online collection of information, materials and services related to D2 and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.

D2 is a Venue

D2 is an online crowdfunding venue for people and entities seeking to raise funds for their own events and campaigns but D2 is not related to anyone. D2 makes no representations about the quality, safety, morality or legality of any campaign, or contribution or the truth or accuracy of User Content (as defined below) posted on the Services. D2 does not represent that contributions will be used as described in the campaign. Users use the Services at their own risk.

Eligibility.

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.

 

Privacy Statement (Privacy Policy)

We are committed to protecting your privacy. Authorized staff within the company on a need to know basis only use any information collected from individual visitors. We constantly review our systems and data to ensure the best possible service to our visitors. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

 Our Proprietary Materials.

We welcome you to our Sites and we invite you to use it within the following rules:

  1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
  2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of D2.
  3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of D2.
  4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.

The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although D2 cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

User Generated Content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, D2 shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that D2 only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. D2 does not continuously monitor User Generated Content published by you or moderating between users, nor shall D2 be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of D2. Any use by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any defamatory or disparaging statements. Furthermore, you represent that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep D2 and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by D2 or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.

D2 reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which D2 believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to D2.

You agree to promptly notify D2 in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content), which breaches these, Terms and Conditions. You agree to provide to D2 sufficient information to enable D2 to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. D2 agrees to make good faith efforts to investigate such complaint and shall take such action as D2 in its sole discretion decides. However, D2 does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. D2 retains the right to restrict use of the Sites, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D2 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D2 MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Indemnification

You agree to defend, indemnify and hold harmless directlyto, Inc and directlyto, inc. employees, directlyto, inc. agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Limitation of Liability.

IN NO EVENT SHALL D2, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "D2 AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE D2 AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT D2 AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT D2 AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY D2 OR AN AUTHORIZED D2 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

D2 neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by D2, thus D2 is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by D2 of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and D2. If this is not the case, please do not link to any Site. D2 reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any D2 trademark, service mark or other intellectual property or content provided by D2 for a hyperlink to a Site is permitted and licensed by D2 solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by D2, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by D2.

Making Donations through D2.

D2 is a non-profit marketplace that brings Donors together with individuals in order to provide individuals with the activities and materials they need to push their lives forward in a positive way. Here, there are three different types of donation options.

  1. Charity/501c organizations - 100% of each donation made through D2 goes directly to fund the charitable program for which it was given, unless the Donor indicates that a specific portion of the donation may be used for administrative purposes. 100% of the donation shall be tax deductible to the fullest extent allowed by law once DirectlyTo, Inc is an approved 501c3 organization. Donations will be disbursed by D2 on a monthly bases by check/money order/goods/services directly to the charitable organization.
  1. D2 Approved – 96.5% of each donation made through D2 goes directly to fund the D2 approved campaign for which it was given and 4.5% is given to DirectlyTo.org to help fund administrative purposes and other D2 Approved campaigns.100% of the donation shall be tax deductible to the fullest extent allowed by law once DirectlyTo, Inc is an approved 501c3 organization. Funds will be released directly to the campaign’s organizer once funds are given unless user requests differently.

Included in the "material cost" for each scenario (the price of the project exclusive of a fulfillment donation to D2 operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below.

You may obtain a copy of our annual financial statements and federal tax return by writing an email to info@directlyo.org.

Donor Representations

By applying to become a Donor, you promise that:

  1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
  2. All information you provide to D2 is accurate, and you will update the information to keep it accurate; and
  3. You have full rights to any ideas, descriptions, materials, and photos you submit to D2, and that you (and not D2) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by D2 will not infringe on any rights of any third party.
  4. Any donation you make is legal in your jurisdiction.

If you create a Donor gift registry account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone's birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites.

Donor Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify D2 of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of D2.

Prohibitions

DirectlyTo relies on its terms as a guideline in the decision-making process to arrive at its long-standing right to remove any campaign at any time for any reason. DirectlyTo will continue to reserve the right to amend its terms as it deems necessary to support the wide and varied use-cases it encounters on its growing platform. No single set of terms will ever encompass every possible variable and DirectlyTo will always review questionable campaigns on a case-by-case basis, especially as additional information about campaigns becomes available. Finally, DirectlyTo regularly considers information from law enforcement and government agencies to help determine what actions our team will take regarding questionable campaigns.

To report a campaign that you believe violates the guidelines below, please contact us at:http://www.DirectlyTo.org/contact

  • Sexually explicit material
  • Sexually suggestive material
  • Adult services or products
  • Pornography of any kind
  • Material relating to adult industry
  • Campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts
  • Content associated with hate groups or terrorist organizations
  • Campaigns including inflammatory or accusatory statements
  • Underage consumption or abuse of alcohol, tobacco, or narcotics
  • Drug abuse, products or paraphernalia
  • The illegal purchase or use of marijuana
  • Offering equity or return-on-investment
  • Pyramid or ponzi schemes, "get rich quick" schemes
  • Purchases of annuities, investments, equity or lottery contracts
  • Offshore banking or currency exchanges
  • Betting, gambling, raffles, or sweepstakes
  • Exchange of unrecognized or crypto-currencies
  • Offering monetary rewards, including gift cards
  • Non-medical or violent bodily mutilation
  • Non-prescribed drug use or purchase
  • Graphic content of injuries or procedures
  • Procedures conducted outside of an accredited medical institution
  • Directly funding an abortion (human or animal)
  • The purchase, transfer or production of non-FDA approved ingestible or consumable products and services
  • Hurtful or hateful language
  • Violent or hateful material
  • Materials including bigotry, racism, sexism, or profanity
  • Supporting or inciting treasonous behavior
  • False, misleading, dishonest statements
  • Blood, gore, graphic material
  • Sorcery, unexplained sciences or absurd claims
  • Funding or planning an assassination, suicide, or assisted suicide
  • Ending the life of an animal
  • The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition
  • Campaigns in support of rebel groups, militias, gangs, or any organized violence

While these guidelines may not cover every unique scenario, DirectlyTo will always review questionable campaigns on a case-by-case basis and will take appropriate action where necessary.Although D2 perform some screening on its end, Donors are solely responsible for making sure the cause they are contributing to is genuine and Donors expressly agree that D2 shall not be liable for any violation of the provisions of this section or this UA.

Tax & Legal Representations

As a condition of using our service, you represent to us that:

(a) If residing in the US, you must identify if you are raising money for a non-profit organization or charity as defined by the Internal Revenue Service;

(b) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;

(c) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.

Forum of Dispute

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of North Carolina. 

If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.

Communications Electronic communications from DirectlyTo.org will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow DirectlyTo.org to send these communications to your email address. You also agree that DirectlyTo.org is not liable for any user generated content that is sent to you as a part of these communications.

You agree that you are liable for any communications you send to potential Donors promoting you Fund site. These communications include, but are not limited to, "share" emails sent through the DirectlyTo.org and communications sent outside of the DirectlyTo.org system.

Severability
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.

Governing Law

This UA and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of North Carolina.

Information for someone to accept signing up an account.

USER AGREEMENT

 

LAST UPDATED: JUNE 25, 2015

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The following terminology applies to this User Agreement, Privacy Statement and any disclaimer notice and any or all Agreements: "Visitor", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the visitor and ourselves, or either the Visitor or ourselves.

This User Agreement ("UA") govern use of the website and services (the "Services") of DirectlyTo, Inc., a North Carolina Not For Profit organization ("D2"), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the UA. By using the Services, Users agree to be bound by the terms of this UA, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). D2 may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Who is DirectlyTo.org?

D2 is a North Carolina recognized non-profit and is currently applying for a 501(c)(3) not-for-profit corporation status. We at D2 aim to improve the circumstances of all citizens in an online marketplace where individuals can describe and their community can fund specific need based projects. The Sites provide you with access to an online collection of information, materials and services related to D2 and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.

D2 is a Venue

D2 is an online crowdfunding venue for people and entities seeking to raise funds for their own events and campaigns but D2 is not related to anyone. D2 makes no representations about the quality, safety, morality or legality of any campaign, or contribution or the truth or accuracy of User Content (as defined below) posted on the Services. D2 does not represent that contributions will be used as described in the campaign. Users use the Services at their own risk.

Eligibility.

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.

 

Privacy Statement (Privacy Policy)

We are committed to protecting your privacy. Authorized staff within the company on a need to know basis only use any information collected from individual visitors. We constantly review our systems and data to ensure the best possible service to our visitors. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

 Our Proprietary Materials.

We welcome you to our Sites and we invite you to use it within the following rules:

  1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
  2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of D2.
  3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of D2.
  4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.

The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although D2 cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

User Generated Content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, D2 shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that D2 only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. D2 does not continuously monitor User Generated Content published by you or moderating between users, nor shall D2 be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of D2. Any use by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any defamatory or disparaging statements. Furthermore, you represent that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep D2 and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by D2 or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.

D2 reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which D2 believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to D2.

You agree to promptly notify D2 in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content), which breaches these, Terms and Conditions. You agree to provide to D2 sufficient information to enable D2 to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. D2 agrees to make good faith efforts to investigate such complaint and shall take such action as D2 in its sole discretion decides. However, D2 does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. D2 retains the right to restrict use of the Sites, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D2 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D2 MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Indemnification

You agree to defend, indemnify and hold harmless directlyto, Inc and directlyto, inc. employees, directlyto, inc. agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Limitation of Liability.

IN NO EVENT SHALL D2, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "D2 AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE D2 AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT D2 AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT D2 AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY D2 OR AN AUTHORIZED D2 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

D2 neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by D2, thus D2 is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by D2 of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and D2. If this is not the case, please do not link to any Site. D2 reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any D2 trademark, service mark or other intellectual property or content provided by D2 for a hyperlink to a Site is permitted and licensed by D2 solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by D2, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by D2.

Making Donations through D2.

D2 is a non-profit marketplace that brings Donors together with individuals in order to provide individuals with the activities and materials they need to push their lives forward in a positive way. Here, there are three different types of donation options.

  1. Charity/501c organizations - 100% of each donation made through D2 goes directly to fund the charitable program for which it was given, unless the Donor indicates that a specific portion of the donation may be used for administrative purposes. 100% of the donation shall be tax deductible to the fullest extent allowed by law once DirectlyTo, Inc is an approved 501c3 organization. Donations will be disbursed by D2 on a monthly bases by check/money order/goods/services directly to the charitable organization.
  1. D2 Approved – 96.5% of each donation made through D2 goes directly to fund the D2 approved campaign for which it was given and 4.5% is given to DirectlyTo.org to help fund administrative purposes and other D2 Approved campaigns.100% of the donation shall be tax deductible to the fullest extent allowed by law once DirectlyTo, Inc is an approved 501c3 organization. Funds will be released directly to the campaign’s organizer once funds are given unless user requests differently.

Included in the "material cost" for each scenario (the price of the project exclusive of a fulfillment donation to D2 operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below.

You may obtain a copy of our annual financial statements and federal tax return by writing an email to info@directlyo.org.

Donor Representations

By applying to become a Donor, you promise that:

  1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
  2. All information you provide to D2 is accurate, and you will update the information to keep it accurate; and
  3. You have full rights to any ideas, descriptions, materials, and photos you submit to D2, and that you (and not D2) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by D2 will not infringe on any rights of any third party.
  4. Any donation you make is legal in your jurisdiction.

If you create a Donor gift registry account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone's birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites.

Donor Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify D2 of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of D2.

Prohibitions

DirectlyTo relies on its terms as a guideline in the decision-making process to arrive at its long-standing right to remove any campaign at any time for any reason. DirectlyTo will continue to reserve the right to amend its terms as it deems necessary to support the wide and varied use-cases it encounters on its growing platform. No single set of terms will ever encompass every possible variable and DirectlyTo will always review questionable campaigns on a case-by-case basis, especially as additional information about campaigns becomes available. Finally, DirectlyTo regularly considers information from law enforcement and government agencies to help determine what actions our team will take regarding questionable campaigns.

To report a campaign that you believe violates the guidelines below, please contact us at:http://www.DirectlyTo.org/contact

  • Sexually explicit material
  • Sexually suggestive material
  • Adult services or products
  • Pornography of any kind
  • Material relating to adult industry
  • Campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts
  • Content associated with hate groups or terrorist organizations
  • Campaigns including inflammatory or accusatory statements
  • Underage consumption or abuse of alcohol, tobacco, or narcotics
  • Drug abuse, products or paraphernalia
  • The illegal purchase or use of marijuana
  • Offering equity or return-on-investment
  • Pyramid or ponzi schemes, "get rich quick" schemes
  • Purchases of annuities, investments, equity or lottery contracts
  • Offshore banking or currency exchanges
  • Betting, gambling, raffles, or sweepstakes
  • Exchange of unrecognized or crypto-currencies
  • Offering monetary rewards, including gift cards
  • Non-medical or violent bodily mutilation
  • Non-prescribed drug use or purchase
  • Graphic content of injuries or procedures
  • Procedures conducted outside of an accredited medical institution
  • Directly funding an abortion (human or animal)
  • The purchase, transfer or production of non-FDA approved ingestible or consumable products and services
  • Hurtful or hateful language
  • Violent or hateful material
  • Materials including bigotry, racism, sexism, or profanity
  • Supporting or inciting treasonous behavior
  • False, misleading, dishonest statements
  • Blood, gore, graphic material
  • Sorcery, unexplained sciences or absurd claims
  • Funding or planning an assassination, suicide, or assisted suicide
  • Ending the life of an animal
  • The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition
  • Campaigns in support of rebel groups, militias, gangs, or any organized violence

While these guidelines may not cover every unique scenario, DirectlyTo will always review questionable campaigns on a case-by-case basis and will take appropriate action where necessary.Although D2 perform some screening on its end, Donors are solely responsible for making sure the cause they are contributing to is genuine and Donors expressly agree that D2 shall not be liable for any violation of the provisions of this section or this UA.

Tax & Legal Representations

As a condition of using our service, you represent to us that:

(a) If residing in the US, you must identify if you are raising money for a non-profit organization or charity as defined by the Internal Revenue Service;

(b) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;

(c) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.

Forum of Dispute

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of North Carolina. 

If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.

Communications Electronic communications from DirectlyTo.org will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow DirectlyTo.org to send these communications to your email address. You also agree that DirectlyTo.org is not liable for any user generated content that is sent to you as a part of these communications.

You agree that you are liable for any communications you send to potential Donors promoting you Fund site. These communications include, but are not limited to, "share" emails sent through the DirectlyTo.org and communications sent outside of the DirectlyTo.org system.

Severability
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.

Governing Law

This UA and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of North Carolina.

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