Last Revised – 11/28/12

Social Fund, Inc.

Terms and Conditions

 

Please read these terms of service as they contain important information about your legal rights and responsibilities, and the process for handling any issues that you may have when using The Social Fund application.

1.             Acceptance of Terms

By using any part of the Social Fund website (hereafter referred to as the “Website”), you accept and agree to abide by these terms and conditions (“Terms and Conditions”) and acknowledge that you understand your rights and responsibilities.  If you do not agree to these Terms and Conditions in their entirety, you may not use the site.

2.             Modifications to Terms of Service

We (Social Fund, Inc.) reserve the right to modify these Terms and Conditions at any time, at our sole discretion, without notification It is incumbent upon you, the user, to review this agreement and its changes if applicable from time to time.

3.            Use of Site Content

All materials posted on the Website by persons other than us are the sole responsibility of the person or third party from which said content originated.  You understand that we do not control and are not responsible for this content.  By using the Website, you may be exposed to content that is offensive, inaccurate or otherwise objectionable.  Organizational information contained in our database is obtained from publicly available information and routinely updated. Any organization seeking to modify the information contained in this database should contact support[at]thesocialfund[dot]org with the changes and an organizational contact for verification purposes. All nominations are matched against a larger list containing more than 1.8 million U.S.-based organizations before they are able to be voted on by fund members. If a nominated group is no longer in good standing with the Internal Revenue Service, we will contact the user to explain the circumstances, while also denying the nomination request. We will then update the organization’s information ­on our site. We cannot guarantee that every organization that appears in the Social Fund database will appear in the larger database.  All other photos, videos, text, and other material unless noted otherwise, are copyrighted material of Social Fund, Inc.  We reserve the right to change site material or delete content or features at any time.  No content from the Website may be used, reproduced, transmitted, distributed or otherwise exploited by other party without our express written consent.  Requests for written consent may be sent to media[at]thesocialfund[dot]org.

4.            Privacy Policy

You are ultimately responsible for all data that you enter into the Website, including information provided via third party sites including but not limited to Facebook, Twitter, Google and Amazon.  This data is yours and will remain your sole property.  You understand and agree that we may preserve your data--including email addresses, IP addresses and financial information--and disclose this information to U.S. government or other authorities if required to do so by law.  We will make all effort to safeguard your information; we are obligated to inform you if any concerns arise.  We reserve the right to suspend site operations at any time for maintenance or upgrades without advanced notice.

5.             Acceptable Use Policy

As a user of the Website, you agree to not post any content that is unlawful, threatening, abusive, libelous, harmful to minors, or pornographic.  You also agree to refrain from material that is hateful towards a group on the basis of religion, race, national origin, sexual orientation, ability, gender, sex or age.

We may, at our sole discretion, decline nominations or funding for organizations that espouse discrimination on the basis of religion, race, national origin, sexual orientation, ability, gender, sex or age without public notification or explanation, at any time.  If you believe that we should not be funding a particular organization, or would like to dispute a ruling made by us, please contact support[at]thesocialfund[dot]org.

You agree to represent yourself and to refrain from posting under a false identity or to falsely identify your affiliation to any person or entity.  You agree to not post any material that infringes on any patent, trademark, trade secret or proprietary rights of another entity.  You agree not to post any spam, third-party marketing materials, link referral codes or any for-profit schemes on the Website.  We reserve the right to remove these posts at any time without consultation or notification.

6.             Termination

We may, without cause or advance notice, terminate your access to the Website, possibly resulting in the destruction of all information associated with your account.  If you wish to terminate your account, you may follow instructions provided on the site.  Any fees or contributions paid to us are non-refundable. 

7.             Paid Posting

We reserve the right to post-paid content at our discretion, including advertisements and other promotions, including paid placements for prospective grantees.

8.            Funding Cycle and Voting Process

The administrator(s) of a fund is responsible for determining the length of time that each fund collects money as a group, the timeline for the voting process and the deadline for withdrawal from a fund. For more information on the funding cycle and voting process, see relevant portions of the Frequently Asked Questions.We are not and cannot be held liable for any damages or loss incurred related to grants distributed through the Website.  To our knowledge, all organizations listed are section 501(c)(3) organizations in good standing with the Internal Revenue Service and USA PATRIOT Act compliant.  We are under no obligation to become involved in disputes between any users, or between users and any third party.  You release us, and our officers, directors, advisory group, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

9.            Donor Advised Fund

When you pool money together with your friends, family or classmates, your money joins all other donations in a donor advised fund (DAF) managed by ImpactAssets. The money in the DAF is invested in a range of options that provide both financial and social or environmental impact. For example, the Calvert Foundation Community Investment Note provides affordable credit to non-profit facilities and small business/microcredit lenders that serve disadvantaged communities globally. More than 250 non-profit lending organizations and social enterprises in over 120 countries have benefited from this access to capital, focusing on poverty alleviation in key impact sectors (e.g. affordable housing, microcredit, small business funding, and fair trade).

10.             Fees and Payment Information

Participating in a social fund on the Website application requires a financial commitment of at least one USD per month; one-time donations also have a minimum of one USD.  Once you enter credit card details on our site, we may charge your account basedon certain actions that you take on the site.  Every transaction incurs a credit card processing fee which is deducted by the payment gateway before being transferred to us.  The credit card gateway may charge the account periodically or immediately depending on the type of donation.  We retain a five percent fulfillment fee from every grant that is processed through the Website.  American Express cards are charged an extra fee of one USD that is refunded back to the user approximately five minutes later. When a user makes a nomination for a charity, the full amount is directed to that charity.  We add a clearing fee to this amount which is visible on each nomination and is deducted from the group account at the time of dispersal after being approved by a majority of fund members.  One-time donations to social funds are currently supported; one-time donations to specific charities are not.  

We also allow for one-time donations to funds via Amazon Payments. By registering for or using the Amazon Payments service, you agree to be bound by additional terms and conditions, which can be found here (https://payments.amazon.com/sdui/sdui/about?nodeId=6019).  We are not responsible for the performance of Amazon Payments.

TSF is incorporated in the state of Delaware as a nonprofit organization.  The nonprofit organization’s section 170(c)(2)(B) tax-exempt status is pending approval by the Internal Revenue Service.  The IRS grants tax exempt status retroactive to the date of incorporation (April 18, 2012). 

Your donation to us will not be tax deductible unless this determination is made by the IRS.

11.            Refund Policy

All donations made through Social Fund are non-refundable and irrevocable. If you would like to withdraw your contributions from a particular fund, you are able to transfer the amount to another fund, start a new one, or direct the donation to any 501(c)(3) organization in the United States.

If a user attempts to seek a refund through his/her credit card company after a funding cycle has ended, we reserve the right to invalidate the voting process and have the fund vote again without that user’s contributions. If a user forcibly initiates a refund through his/her bank (known as a chargeback) after a grant has been given out, we reserve the right to bar that user from the site.

12.             License

We grant each user a non-exclusive license to use and reproduce site content for personal, non-commercial use.  Use, reproduction, modification, distribution, or storage of any content for other than personal, non-commercial use is prohibited without prior written permission from us or from the copyright holder.  You may not sell, license, rent, or otherwise use or exploit any site content  for commercial use or in any way that violates any third-party right.

13.             General Information

These Terms and Conditions shall be construed in accordance with the laws of the State of Delaware, without regards to conflict of laws principles.  You hereby irrevocably consent to the jurisdiction of the state and federal courts in Delaware.  If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.  No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to."

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

We may suspend or terminate your account and your ability to use the services, the site, or portion thereof for failure to comply with these Terms and Conditions or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.  At any time, we may amend these Terms and Conditions (including by modification, deletion or addition of any portion thereof). If we make a material amendment to these Terms and Conditions, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the websites covered by these Terms and Conditions.  Any such amendment to these Terms and Conditions will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Websites.  Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.  These Terms and Conditions constitute the entire agreement between the parties pertaining to the matters set forth herein and supersede all prior and contemporaneous agreements, representations, and understandings of the parties.  No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver.

14.             Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).  You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or claims arising from your use of the Website and/or your account(s).  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

15.             Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16.             Feedback

We are always interested in hearing feedback from users, community partners and other interested parties.  Our site will grow and continue to improve, but we need your ideas and criticism to make it better.  Please feel free to send your ideas to support[at]thesocialfund[dot]org, though you will probably not receive a response.  We reserve the right to incorporate your ideas into the Website without giving you notification, attribution, acknowledgment, or financial compensation of any kind in all perpetuity.

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