We at Donorhut run a service for nonprofit organizations and organizations seeking help with raising funds online. Our service helps you simplify your fundraising efforts and provides you with the tools to safely and securely collect money online. Our service is designed to give you as much control over your campaign as possible. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (things like spam, viruses, or serious threats of violence) appear on your campaign or get linked to from your campaign through your organization's website link.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, 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 Kamerge, acceptance is expressly limited to these terms.
By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that: You have the authority to enter into this agreement. Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance. Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties. You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party. You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Donorhut.com within the designated notice period. Your continued use of Donorhut.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding General Terms clause) that were in place when the dispute arose.
- Fees. We are paid a transaction fee by organizations who use the Website. Organizations can choose to purchase additional add-on features which can be charged as a one-time fee or as a subscription fee. Fees for the Donorhut.com service are outlined throughout the Donorhut.com website.
- Attribution. Kamerge reserves the right to display attribution links such as 'A Donorhut service.' in your campaign footer. Footer credits may not be altered or removed regardless of upgrades purchased.
- Intellectual Property. This Agreement does not transfer from Kamerge to you any Kamerge or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kamerge. Kamerge, Donorhut, Donorhut.com, the Donorhut.com logo, and all other trademarks, service marks, graphics and logos used in connection with Donorhut.com, or the Website are trademarks or registered trademarks of Kamerge or Kamerge'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 Kamerge or third-party trademarks. The Website, its various features and services, and all underlying software and code belong exclusively to Kamerge. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property.
- Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
- Your Content. By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
- Termination. Kamerge 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 Donorhut.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.
- Taxes. You understand that the party you transact with through the Website is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Website. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.
- Disclaimer of Warranties. The Website is provided "as is". Kamerge 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 Kamerge 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.
- Limitation of Liability. In no event will Kamerge, 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 Kamerge under this agreement during the twelve (12) month period prior to the cause of action. Kamerge 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.
- Indemnification. You agree to indemnify and hold harmless Kamerge, 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.
- Release. You hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on the Website (including events you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the "Released Claims").
General Terms. This agreement shall be governed and construed in accordance with the laws of the Province of Manitoba and the laws of Canada as they may apply in that Province. Both Kamerge and yourself agree that the Manitoba Courts shall have sole jurisdiction to deal with any disputes under this agreement and both Kamerge and yourself hereby attorn to the jurisdiction of the Manitoba Courts.
The provisions of the sections of these Terms titled "Intellectual Property", "Prohibited Activities", "Your Content", "Taxes", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification", "General Terms" will survive termination.
If a dispute arises out of these Terms or your use of the Website then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation.
These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
If any provision of this agreement is found to unlawful or void or for any reason unenforceable, that provision shall be deemed severable from the agreement and shall not affect the validity or enforceability of the remaining provisions.
Last updated: September 9th, 2016.