www.rotariclub.com (“the website”) provides its services (as described below) to you through its website. Any services related to www.rotariclub.com (collectively, the "Services") are subject to the following Terms of Use (as amended from time to time, the "Terms of Use").
Unless otherwise specified in the following Terms of Use, by accepting said Terms of Use you agree that any and every dispute between you and www.rotariclub.com will be resolved by binding individual arbitration and by agreeing to these Terms of Use you agree to waive your rights to class action lawsuit or class-wide arbitration.
NB! Be sure to read the following Terms of Use carefully as by agreeing to them you acknowledge you have in fact read and understand all of the terms herein.
www.rotariclub.com reserves the right, at its sole discretion, to amend portions of these Terms of Use at any given time, as well as it accepts the obligation to post the changes on this page, together with the time at which the change has occurred. It is not an obligation to www.rotariclub.com to formally notify you via any means of any changes having occurred.
Any and all changes to the Terms of Use, unless otherwise specified herein, shall be considered in effect no earlier than fourteen (14) days after they are posted. However, changes in the Terms of Use considering new functions of the Services or changes made for legal reasons will be effective immediately.
Shall you continue to use the Services after the date such changes have become effective, your actions will be considered an express acceptance of the new Terms of Use. Shall you decline to accept the new Terms of Use, you may discontinue to use the Services.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation to, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.
Last but not least, by agreeing to these Terms of Use you agree that it is in your own interest to periodically check on the Terms of Use to make sure there are no new changes that you are not aware of.
Registrations: In order to make use of the Services (e.g. to organize a campaign) and their features, you may be required to register with www.rotariclub.com. Then if you do opt to register for the Services, you agree to provide in the registration form and maintain true, accurate, current and complete information about yourself.
It is necessary that campaign organizers register using their true identities (more specifically their name and an image or video of the organizer or the beneficiary of such campaign). Some part of your information, as well as your registration data, will be governed by our Privacy Policy.
Age restrictions with registrations: If you are at an age younger than 13, unfortunately, according to the website’s policy, you will not be authorized to use any of the Services, with or without registering.
In addition, if you fall into the age group between 13 and the age of majority in your jurisdiction (typically 18 or 19 years old), you may only use the Services (with or without registering) with the approval of your parent or guardian.
Accounts security: Maintaining the confidentiality of your password and account is your responsibility entirely, regardless of whether you are a campaign organizer or a donor. As the holder of that account, you are fully responsible for any and all activities that occur under your password or account.
In case of unauthorized use of your account or your password, or any other type of security breach, you should contact the administration of www.rotariclub.com immediately. As a basic precaution, we advise you to make sure you log out of your account every time you are through with using it for the day. www.rotariclub.com shall not be held responsible for any damage or loss you may experience arising from your failure to comply with this Section.
Services Description: The Services are offered as a platform to users of the Services, which may include Campaign Organizers and Donors (each defined herein), entrants to Promotions (defined below) and other registered and unregistered users of the Services (which may include users who simply "like" or "heart" Campaigns or otherwise interact with the Platform or Services).
Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign.
Although there are no fees to set up a Campaign, industry-standard payment processing fees apply to each Donation. To learn more about www.rotariclub.com’s Platform and applicable payment processing fees, visit www.rotariclub.com/page/fees.
Modifications to Services: By agreeing to these Terms of Use, you confirm your understanding that www.rotariclub.com reserves the right to modify, suspend or discontinue, temporarily or permanently, any of the Services or any part thereof. It is an obligation that www.rotariclub.com accepts to notify you of any such modification, suspension or discontinuance. To the extent permitted by law, www.rotariclub.com will not be liable for any modification, suspension or discontinuance of the Services in accordance with these Terms of Use.
Charitable Giving: By agreeing to these Terms of Use you acknowledge the fact that www.rotariclub.com is not a professional charitable organization. It is notwithstanding any affiliates that may qualify for 501(c)(3) status. Campaigns at www.rotariclub.com are not charities to which you can make tax-deductible charitable contributions.
However, www.rotariclub.com permits donors to contribute directly to certain charitable causes or organizations ("Charities") through the Platform, not through the campaign. Any donation you make to a charity through the Platform will be subject to a services fee as described in the Services Fees section.
Services Platform: www.rotariclub.com is by no means a broker, financial institution or any type of charitable institution. The website facilitates the transaction of donations between the donors and the campaign organizers. Therefore, the website is in no way a part in any agreement that should occur between a donor and a campaign organiser. www.rotariclub.com has no control over the conduct of any campaign organiser or donor and therefore disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided on www.rotariclub.com by the administration of the website is for informational purposes only, it is not and will never be intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any campaigns or participants on the website, make sure to consult a professional advisor as appropriate. By agreeing to these Terms of Use you acknowledge that any and all information accessed by you using the Services of www.rotariclub.com is at your own risk.
In addition, www.rotariclub.com does not hold any responsibility or guarantee that a campaign will or will not obtain a certain amount of donations, or any at all. www.rotariclub.com does not hold any responsibility over content published by its users. Any liability or responsibility for the success of any campaign is expressly disclaimed. The final assessment and determination as to the value and reason of contributing to any campaign remains within each individual as a donor.
www.rotariclub.com holds no responsibility for any promotions, rewards, offers, promises, or any other such activities that may be offered by a charity, in a campaign or by a campaign organiser on the website.
When a donation is made, it is not within the power of www.rotariclub.com to determine or monitor how the money will be spent. It is of utmost importance that you as a donor understand any and every donation you may make should come from your personal judgement and is at your own risk.
However, while we take no obligation to verify the respective use of any funds raised via the website and its accordance with applicable law and these Terms of Use, we do treat possible fraudulent activity and funds misuse very seriously. You can learn more about our Fraud Policy at www.rotariclub.com/fraud-policy. If you have reasonable doubt in the appropriateness of fund use, please contact the administration team at www.rotariclub.com/page/support-contacts. This way you will ensure our team is alerted of this potential misuse and we will investigate.
By agreeing to these Terms of Use, you as a campaign organizer guarantee that all information you provide in connection with a campaign is accurate, complete, and not otherwise designed to mislead or deceive any user. You also guarantee that all donations to the campaign you organize will be used solely as described by you on the website. Nevertheless, you guarantee that as an organizer you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds.
In regards to any personal data of any third party that you as an organizer may share with the administration of www.rotariclub.com for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority, as required under applicable law, to provide us with and allow us to use such personal data expressly for the purposes for which you shared it with us. www.rotariclub.com reserves the right to, and is herein authorised by you, to provide information about your campaign to donors and beneficiaries of said campaign, or to law enforcement as to assist in any investigation.
Third party registrations: During your time at www.rotariclub.com you may be required to register with, and agree to the Terms of Use, third-party service providers (e.g. payment processors, Google Analytics etc.).
For example, Paypal is one of www.rotariclub.com’s payment processing partners. When you use Paypal’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration.
You may not under any circumstances allow third parties to use your payment services (or any other third-party registrations you may have made for the purpose of using the Services of www.rotariclub.com) as ways of receiving payment for any service they may have offered or performed. You may not use the payment services for any purpose other than the ones provided in your application.
In case www.rotariclub.com or the third party which you registered with discovers at any time that the information you provided in your application is incorrect or changed without informing us, the services may be suspended and/or terminated with immediate effect. In addition, fines may be applied by the credit card schemes and/or the authorities for unregistered use of payment services which will in such case be payable by you.
The team of www.rotariclub.com will assist you in your registration for, use of and connecting to these third parties (including payment processing services). For this purpose, you understand that you are instructing said third parties to provide www.rotariclub.com with access to the data you have provided the third party. However, while we may help facilitate such registration in some cases, we are not in any way a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. That said, www.rotariclub.com does not carry any responsibility for the success of any transactions made between you and the third party.
Taxes: It is solely your responsibility as a campaign organizer or charity to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is also solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Public Content: Some of your activity on and through the Services is public, such as content you post publicly on the website or Services. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. For example, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo).
To keep the details of your Donation private, simply click the "Private" checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for more information on the ways that we may collect, use, and store certain information about you and your use of the Services.
Promotions: Under the policy of www.rotariclub.com you are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on or through the Services without the prior written consent of www.rotariclub.com. You may seek permission by sending an email to support@rotariclub.com.
Still, if such consent is granted, you take full responsibility for the Promotion, and you agree that such Promotion shall comply with all applicable laws and the following restrictions as set by www.rotariclub.com:
You are solely responsible for all facets of the Promotion, including but not limited to, any prizes offered. You may not use www.rotariclub.com’s name, trademarks, logos, or service marks or any other www.rotariclub.com intellectual property in the rules of the Promotion or in any of the materials related to it without www.rotariclub.com’s express written permission.
Such Promotion must not require making a Donation as the only way to enter. Such Promotion must not be marketed to anyone under the age of 18 or the age of majority for the jurisdiction in which you reside. Such Promotion must not endorse, sponsor or promote firearms, pornography, gambling, alcohol, illegal or prescription drugs, medical devices, national health products, tobacco or any other activities prohibited by the Terms of Use, including as set forth in the “Conditions of Use” section below.
You also agree that you will include the following provisions within your official rules for any Promotion that you are permitted to administer on the website:
● www.rotariclub.com does not sponsor, endorse or administer the Promotion.
● Each participant in the Promotion releases www.rotariclub.com from any and all liability that may arise from the promotion.
● All questions concerning the Promotion must be directed to you as an organizer, not to www.rotariclub.com.
www.rotariclub.com reserves the right to suspend, cancel, or discontinue any Promotion lead on the website, at any time for any reason when deemed necessary. We also reserve the right to take any actions we deem necessary to protect our users, business partners or the public interest.
Rewards: Rewards are not intended to be items available for purchase and www.rotariclub.com cannot guarantee the delivery of Rewards in any way. The section on Promotions is hereby applicable too.
Use and Storage: By agreeing with these Terms of Use you acknowledge that www.rotariclub.com may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services, as well as the maximum storage space that will be allotted on www.rotariclub.com's servers on your behalf.
You agree that www.rotariclub.com holds no liability in case any of your uploaded data is deleted or lost from the Server.
You also acknowledge that www.rotariclub.com reserves the right to terminate accounts or campaigns that are inactive for an extended period of time, while www.rotariclub.com will provide the holder of the account with reasonable notice within commercially reasonable limits. Same applies to long-term inactive campaigns with a positive balance of donations.
By general www.rotariclub.com policy, if such an account for closure has funds raised, such funds will be automatically transferred to www.rotariclub.com’s General Fund upon closing the account.
You further acknowledge that www.rotariclub.com reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through a mobile device (collectively, the "Mobile Services").
To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that we may communicate with you regarding www.rotariclub.com and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your www.rotariclub.com account information to ensure that your messages are not sent to the person that acquires your old number.
User Conduct: It is your sole responsibility as a campaign organizer to make sure that any content you may publish or upload in your campaign is true, accurate, it is not otherwise designed to deceive, and is not intended to offend neither an individual, a group, a social margin nor society in general.
By agreeing to these Terms of Use you agree to fully cooperate with any request by www.rotariclub.com, as deemed appropriate, for evidence to verify you as a campaign organizer or donor complying with these Terms of Use.
Content: Published content may be the campaign’s descriptions, comments, information, data, text, messages, or other published material. Uploaded content may be videos, images, software, music, sound, photographs, graphics, or other published material. In general, "content" is any material that you upload, post, publish or display, or otherwise use via the Services that www.rotariclub.com provides.
Prohibited content: Hereby follow instances of the kind of content and/or use that www.rotariclub.com deems illegal or prohibited. However, this list is not exhaustive and www.rotariclub.com reserves the right to investigate any user (be it campaign organizer or donor) by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies.
www.rotariclub.com also reserves the right to take any action deemed appropriate www.rotariclub.com's sole discretion, against any user who violates any of the clauses or spirit of these Terms of Use.
Such action may be, but is not limited to, removing offending content, suspending or terminating the account of the violating user, suspending payments to the campaign in question, freezing or holding donated funds when required by applicable law, and reporting the violating account to law enforcement authorities or otherwise taking appropriate legal action.
Without limiting the foregoing, by agreeing to these Terms of Use you agree not to use the Services of www.rotariclub.com to:
● in connection with any of the following activities or items, including by establishing or contributing to any Campaign with the implicit or express purpose relating to any of the following:
1. any activity that violates any law or governmental regulation industry requirements, or third-party guidelines or agreements to which you are a party, including from payment card providers and payment processors that you utilize in connection with the Services;
2. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
3. illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
4. knives, explosives, ammunition, firearms, or other weaponry or accessories for such;
5. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e. investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
6. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
7. campaigns deemed by www.rotariclub.com, in its sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
8. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to any economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
9. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
10. pornography or other sexual content;
11. offensive, graphic, perverse or sensitive content;
12. offering monetary rewards, including gift cards;
13. transactions for the sale of items before the seller has control or possession of the item;
14. collection of payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by www.rotariclub.com;
15. credit repair or debt settlement services.
16. publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
17. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
18. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
19. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
20. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
21. unauthorized sale or resale of brand name or designer products or services;
22. sale of goods or services that are illegally imported or exported;
23. processing where there is no bona fide donation accepted; card testing; evasion of card network chargeback monitoring programs;
24. collecting or providing funds for any purpose other than as described in a Campaign description; or
25. any other activity that www.rotariclub.com may deem in its sole discretion to be unacceptable.
● to transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of www.rotariclub.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose www.rotariclub.com or its users to any harm or liability of any type; or
● to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
● to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
● to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
● not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
● not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists made by government agencies;
● to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by www.rotariclub.com from time to time;
● to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for www.rotariclub.com to verify compliance with these Terms of Use, and make such records available to www.rotariclub.com upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
● at www.rotariclub.com’s request, including without limitation in case of investigations by www.rotariclub.com, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
www.rotariclub.com reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Use or harm the interests of our users, business partners, the public, or www.rotariclub.com, or that expose you, www.rotariclub.com, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Donations: In order to contribute to a Campaign or to a Charity, a Donor may be required to provide www.rotariclub.com with information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to www.rotariclub.com that such information is true and that you are authorized to use the applicable Payment Instrument.
You agree that a certain minimum and maximum Donation amount will apply, and that all Donation payments are final and will not be refunded unless www.rotariclub.com, in its sole discretion, agrees to issue a refund, for example in accordance with the www.rotariclub.com Guarantee, described below.
www.rotariclub.com uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, PayPal, Inc., and Stripe - stripe.com) in addition to these Terms of Use, including PayPal’s Terms of Use, PayPal Giving Fund’s Terms of Use and Stripe Privacy & terms.
Guarantee: www.rotariclub.com’s policy on the matter is set towards making sure our Services and Platform are not used for malicious purposes or any purpose other than the ones aimed at charitable funding of honest causes. Therefore, www.rotariclub.com foresees two individual instances in which donated money will be paid from the Campaign Account to the campaign organiser or the campaign beneficiary: (i) in case that the set donation goal has been achieved and the donated money equal or exceed the sum set as goal; (ii) in case the campaign organiser decides to close the campaign under the conditions described below.
In instances where for an extended period of time the campaign has not been successful at all or has not been successful enough to achieve the set goal, the campaign organiser has the right to close their campaign and receive the accumulated funds. Whether the period can be deemed extended is a matter that www.rotariclub.com retains the right to determine, which requires that the campaign organiser contact www.rotariclub.com’s administration to gain approval for closing the campaign.
Also, in instances where the campaign has been mostly successful but not completely, and there is still a certain amount of money to be solicited, but pressing needs have come to the attention of the campaign organiser and it is necessary that the funds be received, the campaign organiser must contact www.rotariclub.com’s administration to gain approval for closing the campaign. The urgency of the situation is to be determined by www.rotariclub.com’s administration in regard of the cause of the campaign and the evidence to support the need for closing it.
NB! Should a campaign be determined in violation of these Terms of Use, should a profile be found to be fake, and should an account that has accumulated funds be unused for an extended period of time, www.rotariclub.com shall close such a campaign, terminate such accounts and transfer their respective accumulated funds to the www.rotariclub.com General Fund.
Withdrawing Donations from a Campaign: You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign only in the instances described in the Guarantee section above - when the campaign has reached its goal or has been closed for any of the eligible reasons.
A Campaign Organizer may withdraw the Donations by electronic wire transfer to your bank account, verified paypal account or via the Payment Instruments.
While www.rotariclub.com strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and www.rotariclub.com does not guarantee that Withdrawals will be available to you within any specific time frame, and www.rotariclub.com expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.
You, as a Campaign Organizer, are responsible for ensuring that the information you provide to www.rotariclub.com in order to process a Withdrawal, including your bank account information, is accurate and up to date.
www.rotariclub.com may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. www.rotariclub.com is not responsible for any consequences caused by issued refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that www.rotariclub.com is not liable to compensate you in any way for any loss.
Recurring Donations: Donors are provided the option to contribute recurring period Donations (Donation Subscription, Donation Installments) to the Rotari General Fund or to a specific campaign of their choosing. When you agree to make the Donations on a recurring basis, and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature. In addition, you agree that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platform, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected.
In connection with each of your Donation Subscriptions, you (i) hereby authorize www.rotariclub.com to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date).
Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place after www.rotariclub.com receives notice of such change or termination. www.rotariclub.com does not provide refunds of any amounts received in connection with previously made Donation Installments.
Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Campaign Organizer or Charity), (b) individual Donation Installments may or may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (c) one or more specific Donation Installments may not be provided to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by www.rotariclub.com or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Installment to the next (for example, if the processing fees associated with the Donation Installment change).
Your non-termination of a Donation Subscription reaffirms that www.rotariclub.com is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.
Account Holds: For certain reasons and in its sole discretion, www.rotariclub.com may place a hold on a Campaign account, restricting the functionality of the account.
Such reasons for holding an account may include but are not limited to:
● if there is reason to believe that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, a hold will be placed on the account in general, seizing its activity altogether;
● if the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), withdrawal functions will be put on hold but the profile will remain otherwise active;
● if there is reason to believe that a Campaign or Campaign Organizer has violated these Terms of Use, a hold in general will be put on the profile;
● if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at support@rotariclub.com.
Special Notice for International Use; Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the European Union or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by www.rotariclub.com, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services.
In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by www.rotariclub.com from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of www.rotariclub.com, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by www.rotariclub.com.
The www.rotariclub.com name and logos are trademarks and service marks of www.rotariclub.com. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to www.rotariclub.com. Nothing in these Terms of Use or the Services should be construed as granting, by implication, or otherwise, any license or right to use any of www.rotariclub.com’s trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of www.rotariclub.com’s trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will www.rotariclub.com be liable in any way for any content or materials of any third parties or any User Content. You acknowledge that www.rotariclub.com does not pre-screen content, but that www.rotariclub.com will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services. Without limiting the foregoing, www.rotariclub.com and its designees will have the right to remove any content that violates these Terms of Use or is deemed by www.rotariclub.com, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: User content is any and every content, including photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients.
When uploading User Content, you warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to, and to allow others to fully exploit such User Content. By uploading, sharing, providing, or otherwise making available any User Content, in connection with the Services, you hereby grant and will grant www.rotariclub.com and its affiliated companies a non exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless www.rotariclub.com and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness.
Also, you waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Furthermore, if any person other than you appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of www.rotariclub.com in a manner fully consistent with the licenses, waivers and releases set forth above.
You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein, and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Use) and (ii) to remove or block any Services Content or User Content from the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to www.rotariclub.com are non-confidential and www.rotariclub.com will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that www.rotariclub.com may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of www.rotariclub.com, its users or the public.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, www.rotariclub.com is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Copyright Complaints: www.rotariclub.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify www.rotariclub.com of your infringement claim in accordance with the procedure set forth below.
www.rotariclub.com will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to www.rotariclub.com at support@rotariclub.com (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
● a description of the copyrighted work or other intellectual property that you claim has been infringed;
● a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
● your address, telephone number, and email address;
● a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
● a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed email:
● your physical or electronic signature;
● identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
● a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
● your name, address, telephone number, and email address, and
● a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the copyright agent, www.rotariclub.com will send a copy of the counter-notice to the original complaining party, informing that person that www.rotariclub.com may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, www.rotariclub.com has adopted a policy of terminating, in appropriate circumstances and at www.rotariclub.com's sole discretion, users who are deemed to be repeat infringers.
www.rotariclub.com may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services at www.rotariclub.com or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties, to be called “Third Party Resources”. www.rotariclub.com has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources.
www.rotariclub.com is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that www.rotariclub.com is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that www.rotariclub.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Resources.
Any dealings you have with third parties while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that www.rotariclub.com is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify on demand and hold www.rotariclub.com and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Use or your violation of any rights of another.
You agree that you endeavour to use the Services at your sole risk. The services provided by www.rotariclub.com are hereby at your disposal on an “as is” and “as available” basis. www.rotariclub.com and its affiliates expressly disclaim and exclude all warranties, conditions and representations of any and all kinds, as far as the applicable law permits. Such warranties, conditions and representations shall be excluded whether express, implied or statutory, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
No warranty or condition is provided by www.rotariclub.com or its affiliates that (i) the Services provided will meet your requirements, (ii) the Service while you are using it will be uninterrupted, timely, secure, or error-free, (iii) the results you may obtain from the Service use will be accurate, reliable, or in accordance with your expectations, (iv) the quality of any products, services, information, or other material purchased or otherwise obtained by you through the service will meet your expectations.
By accepting these Terms of Use you agree to and understand that to the fullest extent of the applicable law www.rotariclub.com and its affiliates are not liable for any (i) indirect, incidental, special, consequential, punitive or exemplary damages, (ii) damages for loss of profits, (iii) damages for loss of goodwill, (iv) damages for loss of use, (v) loss or corruption of data, or (vi) other intangible losses.
Said agreement applies even if www.rotariclub.com has been advised of the possibility of such damages.
It shall be irrelevant whether said losses and damages were based on contract, tort, negligence, strict liability or otherwise, resulting from (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or otherwise obtained or messages received or transactions entered into through or from the Service; (iii) any promotions and related prizes or rewards made available through the Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Service; or (vi) any other matter relating to the service.
To the fullest extent permitted by applicable law, in no event shall www.rotariclub.com’s total liability to you for all damages, losses (as described herein) or causes of action exceed the amount you have paid www.rotariclub.com in the last six (6) months, or, if greater, one hundred dollars ($100).
As some jurisdictions do not allow for the exclusion of certain warranties (or the limitation or exclusion of liability in certain cases), some of the limitations set forth above may not apply to you. In such instances, if you are in any way dissatisfied with any portion of the Service or with these Terms of Use, your sole remedy is to discontinue use of the Services.
Arbitration; Waiver of Trial: You hereby agree that all disputed between www.rotariclub.com and you (whether such disputes involve third parties) with regard to your relationship with www.rotariclub.com, including without limitation disputes related to these Terms of Use, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration the rules for arbitration of consumer-related disputes.
By agreeing to these Terms of Use, both you and www.rotariclub.com expressly waiver the right to trial. However, both you and www.rotariclub.com may seek injunctive or other equitable relief in any court having jurisdiction to grant it in the event of an actual or threatened infringement or misappropriation of intellectual property rights.
Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and www.rotariclub.com would have in court may not be available in arbitration.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf.
Neither you nor www.rotariclub.com will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. By agreeing to these Terms of Use you are giving up your right to participate as a class representative or class member on any class claim you may have against www.rotariclub.com, including without limitation any right to class arbitration or any consolidation of individual arbitrations.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if www.rotariclub.com is a party to the proceeding.
Procedures. These dispute resolution provisions will be governed by the Rules of International Commercial Artbitration Court under the European Arbitration Chamber.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Use (unless a longer period is required by applicable law). Then you will be required to and must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section in these Terms of Use.
Your written notification must be mailed to us at support@rotariclub.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Use after the date of your first acceptance.
Such written notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action.
Should we make any changes to this Disputes section, you may reject any such change by sending us written notice within thirty (30) days of the change. However, this rejection clause is not applicable for changes made to the address at which we will receive notices or rejections of future changes to this Disputes section.
It is not necessary to send www.rotariclub.com a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between www.rotariclub.com and yourself in accordance with the language of this Disputes section, as modified by any changes you did not reject.
A notification sent pursuant to this paragraph solely affects these Terms of Use. If you previously entered into other arbitration or dispute resolution agreements with www.rotariclub.com or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and www.rotariclub.com.
Severability. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including without limitation the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with www.rotariclub.com.
The provisions of the arbitration agreement herein shall only be in effect to the extent they are permitted under applicable laws and arbitration rules.
By accepting these Terms of Use you agree that www.rotariclub.com has the right to, in its sole discretion, (i) suspend or terminate your account, or use of the Services, (ii) remove, hide or discard any content within the Services, under reasonable circumstances, including, without limitation, for lack of use or if www.rotariclub.com believes that you have violated these Terms of Use or have acted inconsistently with the letter or spirit of said Terms.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Termination of your access to the Services under any provision of these Terms of Use may be effected without prior notice, and www.rotariclub.com reserves the right to immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Use. Further, you agree that www.rotariclub.com will not be liable to you or any third party for any termination of your access to the Services.
By accepting these Terms of Use you agree that you are solely responsible for your interactions with any other user in connection with the Services and that www.rotariclub.com will not be liable, nor responsible with respect thereto. www.rotariclub.com reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Use constitute the entire agreement between you and www.rotariclub.com and govern your use of the Services, superseding any prior agreements between you and www.rotariclub.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
The failure of www.rotariclub.com to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms of Use without the prior written consent of www.rotariclub.com, but www.rotariclub.com may assign or transfer these Terms of Use, in whole or in part, without restriction.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Notices to you may be made via email, but www.rotariclub.com will not contact you via regular mail. The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Platform.
At www.rotariclub.com, we respect the privacy of our users. For details please see our Privacy Policy.
NB! By using the hereby provided Services, you consent to our collection and use of personal data as outlined therein.
Please contact us at info@rotariclub.com to report any instances where you believe there has been a violation of these Terms of Use, or to pose any questions you may have in regard to these Terms of Use or the Services.
Date of last revision: 02.02.2018