Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tinygive, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1. Description of Services. Tinygive provides a platform, tinyGive.com, that enables third-party donors (“Donors”) and organizations (“Organizations”) to complete transactions by using Twitter (https://twitter.com/tos) and Stripe (https://stripe.com/us/terms) to facilitate and complete the transfer of donated funds. The Site acts as venue to facilitate transactions between the Donors and Organizations, and is not a donor-advised fund. Tinygive is not involved in the actual transaction between Donors and Organizations, and is not the agent of and has no authority for either party for any purpose. Tinygive will only issue refunds to the donor prior to disbursement of funds to the Organization. Tinygive has not control over the accuracy, quality, or legality of claims made by Organizations.
2. Your tinyGive.com Account and Profile. If you create a profile on the Website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tinygive may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Tinygive liability. You must immediately notify Tinygive of any unauthorized uses of your profile, your account or any other breaches of security. Tinygive will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors. If you operate a profile, comment on a profile, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Tinygive for inclusion on your profile, you grant Tinygive a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, Tinygive will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Tinygive has the right (though not the obligation) to, in Tinygive’s sole discretion (i) refuse or remove any content that, in Tinygive’s reasonable opinion, violates any Tinygive policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tinygive’s sole discretion. Tinygive will have no obligation to provide a refund of any amounts previously paid.
4. Responsibility of Website Visitors. Tinygive has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tinygive does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tinygive disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which tinyGive.com links, and that link to tinyGive.com. Tinygive does not have any control over those non-tinyGive websites and webpages, and is not responsible for their contents or their use. By linking to a non-tinyGive website or webpage, Tinygive does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tinygive disclaims any responsibility for any harm resulting from your use of non-tinyGive websites and webpages.
6. Copyright Infringement and DMCA Policy. As Tinygive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tinyGive.com violates your copyright, you (or your agent) may send Tinygive a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Tinygive a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Tinygive, Inc., Attn: Copyright, 907 N Street NW #B2, Washington, DC 20001.
7. Intellectual Property. This Agreement does not transfer from Tinygive to you any Tinygive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tinygive. Tinygive, tinyGive, tinyGive.com, the tinyGive.com logo, and all other trademarks, service marks, graphics and logos used in connection with tinyGive.com, or the Website are trademarks or registered trademarks of Tinygive or Tinygive’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tinygive or third-party trademarks.
8. Advertisements. Tinygive reserves the right to display advertisements on your profile.
9. Changes. Tinygive reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tinygive may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Tinygive may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tinyGive.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Donor Information. Tinygive will not share or sell names of donors without their consent. When you make a donation using tinyGive.com you grant Tinygive permission to access your donation records at any time and to use the information you provide to process your donation. Unless you request that your donation and advisement be anonymous, Tinygive will make available to your selected tax-exempt entity online reports identifying, where available, the name, address, email, and transaction accounting details.
12. Disclaimer of Warranties. The Website and all information, services, links, or opportunities for giving described and/or available on or through the Website are provided to you “as is”. Tinygive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tinygive nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Tinygive, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tinygive under this agreement during the twelve (12) month period prior to the cause of action. Tinygive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. Indemnification. You agree to indemnify and hold harmless Tinygive, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Tinygive and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tinygive, or by the posting by Tinygive of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the District of Columbia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Washington, D.C. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Washington, D.C., in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tinygive may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.