SCHOLARgifts LLC (dba DOLLARgifts)
Use of Our Service
DOLLARgifts provides a platform for users to interact, share information, and support content creation. All visitors to DOLLARgifts.com, whether registered or not, are “Users.” If you register with DOLLARgifts you become a “Member” and gain access to certain features, including the ability to post certain information about your Campaign on the Service and interact with other Members. ?
DOLLARgifts hereby grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit DOLLARgifts.com. To access certain features of the Service, though, including posting, commenting on, following, or contributing to a Campaign, you will need to register with DOLLARgifts and create a Member account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DOLLARgifts immediately of any breach of security or unauthorized use of your account. Although DOLLARgifts will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of DOLLARgifts or others due to such unauthorized use.
You may use your Settings to control your Member Profile and how other Members communicate with you. By providing DOLLARgifts your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the DOLLARgifts servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. ?
DOLLARgifts may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in DOLLARgifts’ sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You may not use the Service for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from DOLLARgifts LLC and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Posting a Campaign
DOLLARgifts may provide you the opportunity to post your Campaign on DOLLARgifts to showcase and share certain information about the Campaign and elicit feedback and financial donations from other Members. Your Campaign Posting is User Content (as defined below), and is subject to all the terms and conditions relating to User Content in this Agreement. It is a breach of this Agreement to post a false or misleading Campaign or to post false or misleading information in your Campaign Request. Members who post Campaigns are sometimes referred to in this Agreement as “Content Creators.”
DOLLARgifts may provide you the opportunity to fundraise for your Campaign by soliciting monetary donations to support the Campaign from Members (“Donors”). The rules governing fundraising for your Campaign (the “Fundraising Rules”) are as follows:
1 The first steps in launching a fundraising campaign using the Service is to set up an account on the payment processor, register and create a Campaign Request. In filling out your Campaign Request, set your goal for the total (Donations) you wish to raise during your campaign (“Goal”) and the length of time by which you’d like to raise the funds (“Length”) in your Campaign Request. The Campaign’s duration can be between 1 and 60 days out. Note, if you reach your campaign goal, you can post a new project to launch a campaign to fund the next phase of your project.
2 In addition to your Name or Organization, you will be required to designate the legal entity to which funds will be directed (Project Entity). This may or may not be you. By providing the Project Entity to DOLLARgifts, you represent and warrant that you are an authorized representative of the Project Entity with the authority to accept the terms of this Agreement, that the Project Entity is the legal entity responsible for the Project Campaign and accountable for the use of any funds raised for it on DOLLARgifts, and that you accept this Agreement on the Project Entity’s behalf.
3 To receive Donations, your Project Entity must establish an account (a “Funding Account”) with the payment processor designated by DOLLARgifts at the time you post your Campaign (the “Processor”). You understand and agree that your Funding Account will be governed by your agreement with the Processor, and that DOLLARgifts shall have no liability for your Funding Account or your transactions or interactions with the Processor.
4 All Donations made to a Project Campaign will be directed to the Project Entity’s Funding Account, less a 5% marketplace processing fee retained by DOLLARgifts if the fundraising goal is met, or 8% fee if the fundraising goal is not met. All Donations paid to a Project Entity will constitute “Project Funding,” and the DOLLARgifts fee and all other Project Funding requirements will apply. DOLLARgifts is not responsible for any error or omission in the Funding Account information you provide. Unless automated by the Processor, Project Funding less 3rd party processing fees will be disbursed from the Funding Account to the Project Entity’s bank account according to the Project’s disbursement details (set in the Funding section of the Campaign Request). All necessary fund transfers will be initiated within a reasonable time after the conclusion of the campaign end date. It can then take up to 7 business days for the disbursed funds to arrive in your account.
5 When you reach your Campaign Deadline, your Campaign will automatically close and no more Donations will be accepted for your Campaign. You may make a new Campaign Request any time after the end of your last Campaign Request closes.
Any Campaign Funding payments may be subject to verification of the identity of you and the Project Entity, the use of funds, and the timeline of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion. You and the Project Entity agree that Campaign Funding may only be used on behalf of the Project Campaign, and that Project Campaign Funding will not be used for any other purpose.
You agree that if at any time during while a Campaign Request is open or within thirty (30) days of the close of a Campaign Request, DOLLARgifts makes a good faith determination that the identity of you or the Project Entity or the timeline of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project Campaign, you will promptly refund the entire amount of Campaign Funding from such Campaign Request to the Donors. We may change the Fundraising Rules at any time upon notice to you. If you do not accept a change we make to the Fundraising Rules, your sole remedy shall be to terminate your Campaign Posting.
You shall have full responsibility for applicable taxes for all Campaign Funding paid to you under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold DOLLARgifts harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on DOLLARgifts by the relevant taxing authorities with respect to any Project Campaign Funding paid to you.
DOLLARgifts makes no guarantee regarding the number or amount of Donations, or the amount of any Campaign Funding payment to be made to you or the Project Entity under this Agreement.
Financial Donations to Campaigns
DOLLARgifts may provide you the opportunity to make monetary gifts to Campaign Postings on the Service. You may contribute to any Campaign with an open Campaign Request, but you are not allowed to make more than four donations to one particular Campaign.
It is solely your choice to donate to a Campaign. You understand that making a monetary gift or donation to a Project Campaign does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits DOLLARgifts’ right to enter into agreements or business relationships relating to Projects. DOLLARgifts does not guarantee that any Project’s Campaign Goal will be met. DOLLARgifts does not warrant the use of any Campaign Funding or the outcome of any Project Campaign.
Financial Donations to Campaigns are nonrefundable. Under certain circumstances DOLLARgifts may, but is under no obligation to, seek the refund of Project Campaign Funding if the Project Entity misrepresents the Project or misuses the funds. You acknowledge and agree that all your Financial Donations are between you, the Project Entity, and the Processor only, and that DOLLARgifts is not responsible for Donation transactions, including without limitation any personal or payment information you provide to the Processor.
DOLLARgifts makes no representations regarding the deductibility of any Donation for tax purposes. Please consult your tax advisor for more information.
Some areas of the Service may allow Users to post feedback, comments, questions, and other information. Any such postings, together with Campaign Postings, constitute “User Content.” You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You must be the owner of all the Intellectual Property Rights (as defined below) in the User Content you post, or have explicit permission from the owner(s) of all such rights to post the User Content on DOLLARgifts.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. DOLLARgifts reserves the right, but is not obligated, to reject and/or remove any User Content that DOLLARgifts believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
DOLLARgifts takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. DOLLARgifts is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that DOLLARgifts shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other DOLLARgifts Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to DOLLARgifts a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. DOLLARgifts reserves all rights not expressly granted herein in the Service and the DOLLARgifts Content (as defined below). DOLLARgifts may terminate this license at any time for any reason or no reason.
Assignment of Campaign-Related User Content
All User Content posted to a Project Campaign (“Campaign Feedback”) shall be the sole and exclusive property of the Content Creator that posted that Campaign. You hereby assign to the Content Creator, or its designee, all your right, title and interest throughout the world in and to any and all Campaign Feedback you post to that Content Creator’s Project. You hereby waive and irrevocably quitclaim to the Content Creator or its designee and DOLLARgifts any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Campaign Feedback you post to that Content Creator’s Project. If you post a Campaign, you acknowledge and agree that DOLLARgifts cannot take responsibility for your use of Campaign Feedback and you use Campaign Feedback at your own risk. You hereby agree to indemnify, defend and hold DOLLARgifts harmless from any liability arising from or relating to your use of Project Feedback.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “DOLLARgifts Content”), and all Intellectual Property Rights related thereto, are the exclusive property of DOLLARgifts and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the DOLLARgifts Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. DOLLARgifts may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify DOLLARgifts’ copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1 An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2 Identification of the copyrighted work that you claim has been infringed;
3 Identification of the material that is claimed to be infringing and where it is located on the Service;
4 Information reasonably sufficient to permit DOLLARgifts to contact you, such as your address, telephone number, and e-mail address;
5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6 A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name: Sherman Rogers, DOLLARgifts Chief Business Officer
Attn: DMCA Notice
Company: DOLLARgifts LLC
Address: 4401A Connecticut Avenue NW #230 Washington, DC 20008
Telephone & Fax: (888) 245-4789 ph
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying DOLLARgifts and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with DOLLARgifts’ rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, DOLLARgifts has adopted a policy of terminating, in appropriate circumstances and at DOLLARgifts’ sole discretion, Members who are deemed to be repeat infringers. DOLLARgifts may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.