Effective: April 1, 2015
www.mitzvah-project.com (“My Mitzvah Project” or our “Site”) is owned and operated by Powering Philanthropy, LLC. Our site is an online platform provides bar/bat mitzvah candidates with simple, yet powerful tools to execute their tzedakah projects. Our online platform helps mitzvah candidates take action, increase awareness and raise money for causes that inspire them.
Please read these Terms and Conditions of Use (“Terms”) carefully before using the Site. By accessing or using our Site, you (“user”) agree to be bound by this agreement. If you do not agree, with these Terms, do not use this Site.
- Acceptance of Terms
It is important that you go through these Terms together with an adult so that you know what you can or cannot do on this Site. If you are under 13, ask your parents to go through the Terms and to help you register. When you create an account and accept this agreement, you become a member. This means that you accept the conditions below and that you confirm that your parents have read and accepted the conditions.
Contact us if you do not accept this agreement and your child has become a member of mitzvah-project.com. Members under 13 can only log in to manage a campaign and member account via their parents log in credentials, which are provided after parental consent (which is required to create an account).
My Mitzvah Project reserves the right to update the Terms at anytime without notice. Changes are effective immediately upon posting. Your continued use of the Site constitutes your acceptance of the revised Terms. By using and accessing our Site, you agree to our Terms and any other policies/legal notices that we post on our Site.
- Definitions and Description of Service
My Mitzvah Project’s services include our website and any additional features, content, and functionality offered by us in connection with the Site.
- A “Visitor” is someone who is browsing through the Site.
- A “Member” or “User” is someone who registers an account.
- A “Parent” is a legal parent or guardian whose child has registered with the Site via their consent and log in credentials.
- A “Donor” is someone who gives or donates money to a campaign on the site.
Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users” or “you.”
- Membership Obligations
You agree to:
- Provide true, accurate, current, and complete information when using the site, not limited to information about yourself, your organizations, and your fundraising activities. You will maintain the accuracy of all information you provide to us by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information. We reserve all rights to suspend or terminate your account, refuse any current or future use of the service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information about any User.
- When creating a campaign you must complete the account registration process. If you are 13 years of age or younger, we will request your parent’s email and name as a means of receiving parental consent. For members 13 years of younger, an account is established on behalf of the child using the parent’s details. To register as a member on our Site, it is recommended that you are either a youth (ages Kindergarten through College), working with youth, or are part of an organization that works with youth and be in the position to raise money for a cause chosen by them. An account may be terminated without warning if we believe it does not follow these guidelines.
- Parents may only register their own children, unless they are the child’s legal guardian (collectively “Parent”). A Parent’s Membership (and concurrently an associated Child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site.
- Fees and Payments
Setting up a campaign and collecting donations is free to the campaign creators. We do, however, charge donors a fee when a donation is processed. We may change the fee from time to time. Changes are effective immediately after we provide you with notice on the Site. We may also temporarily change the fees for our services for promotions. These changes are effective when we post it on the Site.
All funds from donors are collected through a third-party payment processor. All donations are made one-time only and are limited to an amount specified by the donor and are subject to applicable credit card processing fees and platform fees. Funds are transferred to an account designated or established during the campaign creation process.
By launching your campaign on our Site, you agree to these terms.
- Raising Money on My Mitzvah Project
My Mitzvah Project is not liable for your interactions with any organizations or individuals found on our Site. This includes, but is not limited, to the representations, warranties, and terms associated with campaigns listed on our Site. My Mitzvah Project is not responsible for any damages or losses incurred as a result of dealings between you and such organizations or individuals. My Mitzvah Project is under no obligation to become involved with disputes between Users and Donors, or between users and third parties. In the event of a dispute, you release My Mitzvah Project, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, regardless if they are known, suspected, or disclosed, that arise from or are in any way related to such disputes and our service. My Mitzvah Project reserves the right to cancel a campaign and refund all associated user’s payments at any time for any reason. My Mitzvah Project reserves the right to remove a campaign , or suspend the listing from public listings for any reason.
- Rules and Conduct
- Personal information which might identify a user or person that has not been approved by a child’s parent
- Profanity, obscenities, and personal attacks, bullying, or stalking of other individuals
- Impersonation of any person or entity without their consent, including, but not limited to, a My Mitzvah Project employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Slanderous, defamatory, obscene, pornographic, libelous, threatening, abusive, harassing, hateful, or otherwise objectionable, and any other information that My Mitzvah Project, in its sole discretion, deems to be inappropriate for the site
- Actions to upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights, contains any viruses or other programs that are intended to do damage or intercept data, contains any form of solicitation that we consider in My Mitzvah Project’s sole discretion to be unsolicited and unauthorized, interferes or disrupts the Site or servers & networks connected to the Site, or disobeys any policies or regulations of networks connected to the Site
My Mitzvah Project will make every effort to ensure that the Site best serves the interests of all users, and, therefore, we reserve the right to edit, delete, or refuse to post content that violate the above-referenced rules of participation, as well as revoke the privileges of users who do not comply with such rules.
If you believe that any content on the Site violates any of the provisions of these Terms, please Contact us. We reserve the right to take, or refrain from taking, any or all actions available to us once we receive a message.
We do not guarantee that others on the Site are or will comply with the Rules of Conduct or provisions of these Terms. You, not My Mitzvah Project, assumes all risk of harm or injury resulting from any such lack of compliance.
- No Commercial Use
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site enables the download of particular Content if you use it for your personal, noncommercial home use only, and do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. We do not transfer the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content to you or any third party nor authorize you to create derivative works based on the Content.
You further understand and acknowledge that you may be exposed to User Content that may be inaccurate or that you find offensive or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold My Mitzvah Project, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Certain features or areas of the site may offer open communication between Users such as posting comments. You acknowledge these areas are for public and not private communications, and you have no expectation of privacy with regard to submissions in these areas. We make all such disclosures at your own risk. You are solely responsible for the Content you distribute on or through the Site under your username or otherwise by you.
You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to follow certain rules of conduct and other rules that prohibit practices that we deem as harmful. These rules apply to all Users, including Visitors, Parents and Children. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including removing the offending content from the Site and terminating the Membership of such violators and any other involved parties.
- Links to Other Websites and Content
The appearance of external links and postings made by third parties on the Site does not mean that My Mitzvah Project endorses the opinions or views expressed. When you access third party websites, you do so at your own risk. These other websites are not under My Mitzvah Project’s control. My Mitzvah Project is not responsible or liable for any aspect of such websites. You further acknowledge and agree that My Mitzvah Project is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
- Limitation of Liability
You release My Mitzvah Project (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release My Mitzvah Project (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.
- Governing Law
This Agreement and the relationship between you and My Mitzvah Project shall be governed in all respects by the laws of the State of Colorado without regard to conflict of law principles. You and My Mitzvah Project agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Boulder, Colorado except as provided below regarding optional arbitration.
Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in Boulder, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.
My Mitzvah Project may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by Contacting us. Any fees paid hereunder are non-refundable.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; My Mitzvah Project may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You hereby agree to indemnify, defend and hold My Mitzvah Project, and their respective officers, directors, shareholders, employees, agents, licensors, representatives, and third party providers to the Site, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. My Mitzvah Project reserves the right to assume, under its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with My Mitzvah Project in asserting any available defenses.
- Warranty Disclaimer
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, My Mitzvah Project and its partners disclaim any warranties, express or implied, or merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. My Mitzvah Project will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that My Mitzvah Project has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained fromMy Mitzvah Project or through the Service, will create any warranty not expressly made herein.
To the maximum extent permitted by applicable law, My Mitzvah Project and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not My Mitzvah Project has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Powering Philanthropy, LLC (DBA: My Mitzvah Project) operates and controls this Site from its offices in Boulder, Colorado. Please send questions or inquiries to firstname.lastname@example.org. This Site is intended for residents of the United States and Canada. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.