Last Updated: July 3, 2014
- -PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, -YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS AND GUIDELINES -INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT -ACCESS OR USE OUR WEBSITE.
- -These Site Terms ("Terms") apply solely to your access to, and use of, any -website of Gratipay, LLC ("Gratipay"), including https://gratipay.com/ ("Site"). These -Terms do not alter the terms or conditions of any other agreement you may have -with Gratipay, or its subsidiaries or affiliates, for products, services or -otherwise. If you are using the Site on behalf of any entity, you represent and -warrant that you are authorized to accept these Terms on such entity's behalf -and that such entity will be responsible to Gratipay if you violate these -Terms.
- -Gratipay reserves the right to change or modify the terms and conditions -contained in the Terms or any policy or guideline of the Site, at any time and -in its sole discretion. Any changes or modifications will be effective -immediately upon posting of the revisions to the Site, and you waive any right -you may have to receive specific notice of such changes or modifications. Your -continued use of the Site following the posting of changes or modifications -will confirm your acceptance of such changes or modifications; therefore, you -should frequently review these Terms and all applicable terms and policies to -understand the terms and conditions that apply to your use. If you do not agree -to the amended terms, you must stop using the Site. Any use of the Site in -violation of these Terms may result in, among other things, termination or -suspension of your right to use the Site.
- -If you have any questions or comments regarding the use of the Site, please -contact chad@zetaweb.com.
- -Terms of Service
- -Your registration for, and use of, Gratipay's products, services or other -features, technologies and/or functionalities, whether offered through the Site -or any third party website or application, ("Gratipay Services") are governed by -the Terms of Service. If you do not -agree to the Terms of Service, do not use or access the Gratipay Services.
- -Privacy Policy
- -Please refer to our Privacy Policy for -information about how Gratipay collects, uses and discloses personally -identifiable information from its users.
- -Disclaimer of Copyright
- -The Site and all content and other materials on the Site, including, without -limitation, the Gratipay logo and all designs, text, graphics, pictures, -information, data, software, sound files, other files and the selection and -arrangement thereof (collectively, "Site Materials") are dedicated to the -public domain via the CC0 1.0 Universal - Public Domain Dedication.
- -Hyperlinks
- -You are granted an unlimited, non-exclusive right to create hyperlinks to -the Site for both commercial and noncommercial purposes. You may use a Gratipay -logo or other graphic of Gratipay to link to the Site without the express written -permission of Gratipay. Further, you may use, frame, or utilize framing -techniques to enclose any Gratipay trademark, logo or other proprietary -information, including the images found on the Site, the content of any text or -the layout/design of any page or form contained on a page of the Site without -Gratipay's express written consent. Except as noted above, you are not conveyed -any right or license by implication, estoppel or otherwise in or under any -patent, trademark, copyright or proprietary right of Gratipay or any third -party.
- -Gratipay makes no claim or representation regarding, and accepts no -responsibility for, the quality, content, nature or reliability of embedded -content, third-party websites accessible via hyperlink or websites linking to -the Site. Such sites are not under the control of Gratipay and Gratipay is not -responsible for the content of any linked site or any link contained in a -linked site, or any review, changes or updates to such sites. Gratipay provides -these links to you only as a convenience, and the inclusion of any link does -not imply affiliation, endorsement or adoption by Gratipay of any site or any -information contained therein. When you visit other sites via links or embedded -content, you should understand that our terms and policies no longer govern and -that the terms and policies of those third party sites will now apply. You -should review the applicable terms and policies, including privacy and data -gathering practices, of any site to which you navigate from Gratipay's Site.
-Guidelines for User Generated Content
- -Gratipay may contain communication facilities such as (but not limited to) -user profiles, chat areas, news groups, forums, communities and/or other -message facilities that allow Users to communicate with other Users and also -with the wider community. You should only use these facilities to communicate -in a manner that is appropriate to the forum. Without limitation, users may -not use these communication facilities to:
-Third Party Content
- -Gratipay may provide third party content on the Site and may provide links to -web pages and content of third parties (collectively, "Third Party Content") as -a service to those interested in this information. Gratipay does not control, -endorse or adopt any Third Party Content and makes no representation or -warranties of any kind regarding the Third Party Content, including without -limitation regarding its accuracy or completeness. You acknowledge and agree -that Gratipay is not responsible or liable in any manner for any Third Party -Content and undertakes no responsibility to update or review any Third Party -Content. Users use such Third Party Content contained therein at their own -risk.
- -Submissions
- -You acknowledge and agree that any questions, comments, suggestions, ideas, -plans, notes, drawings, original or creative materials or other information -that you provide to Gratipay regarding Gratipay, the Site (collectively, -"Submissions") are non-confidential and shall be dedicated to the public domain -according to the CC0 1.0 Universal - Public Domain Dedication.
- -Indemnification
- -You agree to defend, indemnify and hold harmless Gratipay, its independent -contractors, service providers and consultants, and their respective directors, -employees and agents, from and against any claims, damages, costs, liabilities -and expenses (including, but not limited to, reasonable attorneys' fees) -arising out of or related to (a) any actual or alleged breach of these Terms, -the Terms of Service, or any other -Gratipay agreement, policy or guideline (b) any actual or alleged violation of -applicable laws or rules of any payment card association, network or company; -(c) your wrongful or improper use of the Site; (d) any Submission or -transaction submitted by you; or (e) your violation of the rights of any third -party.
- -Disclaimer
- -EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GRATIPAY, THE -SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF -ANY KIND, EITHER EXPRESS OR IMPLIED. GRATIPAY DISCLAIMS ALL OTHER WARRANTIES, -EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF -MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT -AS TO THE SITE AND SITE MATERIALS. GRATIPAY DOES NOT REPRESENT OR WARRANT THAT -MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. -WHILE GRATIPAY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, GRATIPAY -CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE -FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE -INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY -DOWNLOAD.
- -Limitation of Liability
- -IN NO EVENT SHALL , ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE -FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER -DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS -OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT -LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED -WITH THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, INCLUDING -WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON -ANY INFORMATION OBTAINED FROM , OR THAT RESULT FROM MISTAKES, -OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, -DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR -NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR -UNAUTHORIZED ACCESS TO 'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT -SHALL THE AGGREGATE LIABILITY OF , WHETHER IN CONTRACT, WARRANTY, -TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT -LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE -USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED ANY COMPENSATION -YOU PAY, IF ANY, TO FOR ACCESS TO OR USE OF THE SITE.
- -The laws of certain states or other jurisdictions do not allow limitations -on implied warranties or the exclusion or limitation of certain damages. If -these laws apply, some or all of the above disclaimers, exclusions or -limitations may not apply to you.
- -Modifications to the Site
- -Gratipay reserves the right to modify or discontinue, temporarily or -permanently, the Site or any features or portions thereof without prior notice. -You agree that Gratipay will not be liable for any modification, suspension or -discontinuance of the Site or any part thereof.
- -Applicable Law and Venue
- -These Terms and your use of the Site shall be governed by and construed in -accordance with the laws of the Commonwealth of Pennsylvania, without resort to -its conflict of law provisions. You agree that any action at law or in equity -arising out of or relating to these Terms shall be filed only in the state and -federal courts located in Allegheny County, Pennsylvania and you hereby -irrevocably and unconditionally consent and submit to the exclusive -jurisdiction of such courts over any suit, action or proceeding arising out of -these Terms.
- -Termination
- -Notwithstanding any of these Terms, Gratipay reserves the right, without -notice and in its sole discretion, to terminate your license to use the Site -and/or to block or prevent your future access to, and use of, the Site.
- -Severability
- -If any provision of these Terms shall be deemed unlawful, void or for any -reason unenforceable, then that provision shall be deemed severable from these -Terms and shall not affect the validity and enforceability of any remaining -provisions.
- -Last Updated: December 9, 2014
- -PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE -GRATIPAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS -AND GUIDELINES INCORPORATED BY REFERENCE AND/OR LOCATED ON THE LEGAL AGREEMENTS -PAGE (https://gratipay.com/about/terms/). IF YOU -DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE GRATIPAY -SERVICES.
- -These Terms of Service ("Terms") apply solely to your use of any product, -service or other feature, technology and/or functionality offered by Gratipay, -LLC ("Gratipay"), whether through the Gratipay website or any third party website -or application ("Gratipay Services"). These Terms do not alter the terms or -conditions of any other agreement you may have with Gratipay, or its subsidiaries -or affiliates, for products, services or otherwise. If you are using the Gratipay -Services on behalf of any entity, you represent and warrant that you are -authorized to accept these Terms on such entity's behalf and that such entity -will be responsible to Gratipay if you violate these Terms.
- -Gratipay reserves the right to change or modify the terms and conditions -contained in these Terms or any other Gratipay terms, policies or guidelines, at -any time and in its sole discretion. Any changes or modifications will be -effective immediately upon posting of the revisions to the Gratipay website, and -you waive any right you may have to receive specific notice of such changes or -modifications. Your continued use of the Gratipay Services following the posting -of changes or modifications will confirm your acceptance of such changes or -modifications; therefore, you should frequently review these Terms and all -applicable terms, policies and guidelines to understand the terms and -conditions that apply to your use. If you do not agree to the amended terms, -you must stop using the Gratipay Services. Any use of the Gratipay Services in -violation of these Terms may result in, among other things, termination or -suspension of your right to use the Gratipay Services.
- -If you have any questions or comments regarding the use of the Gratipay -Services, please contact chad@zetaweb.com.
Our Relationship to You
- -Gratipay helps you make monetary gifts to, and receive monetary gifts from, -third parties. Money that you give or receive through the Gratipay Services is a -gift, and does not in any way oblige the other party to you.
- -Third Party Service Providers
- -Gratipay uses Pound Payments Inc., DBA Balanced ("Balanced") as a third party -service provider for payment services (e.g. card acceptance, merchant -settlement, and related services). By making use of some or all of these -payment services on Gratipay you agree to be bound by Balanced's terms and conditions and -privacy policy, and -hereby consent and authorize us to delegate the authorizations and share the -information you provide to us with Balanced to the extent required to provide -the payment services to you. Balanced may also be contacted directly for -payments support either by email at support@balancedpayments.com or by phone at -+1 (888) 744-2622.
- -Privacy Policy
- -Please refer to Gratipay's Privacy Policy for -information about how Gratipay collects, uses and discloses personally -identifiable information from its users.
- -Eligibility, Registration and Account
- -To be eligible to use Gratipay, you must be at least 18 years of age. Gratipay -may impose additional restrictions on the use of the Gratipay Services. You -represent and warrant that you have not previously been suspended or removed -from the Gratipay Services and that you have full power and authority to enter -into these Terms.
- -In order to initiate and/or receive gifts through the Gratipay Services, you -must create an account. When creating any account, whether to initiate or -receive gifts, you agree to (a) provide accurate, truthful, current and -complete information when creating your account; (b) maintain and promptly -update your account information; (c) maintain the security of your account by -not sharing your password with others and restricting access to your account on -your computer or mobile device; (d) promptly notify Gratipay if you discover or -otherwise suspect any security breaches related to the Gratipay Service and -(e) take responsibility for all activities that occur under your account -and accept all risks of unauthorized access.
- -Gratipay does not allow impersonation. If your Gratipay account references -the identity of another person or organization, then you must distinguish your -account in three ways:
- -Last Updated: May 14, 2015
+ +These Terms of Service (“Terms”) are an agreement between you, a user +(“Participant”) of the Gratipay service (the “Service”), and Gratipay, LLC +(“Gratipay”). They govern your use of the Service and your relationship with +Gratipay. When you register as a Gratipay Participant, you agree to be bound by +these Terms.
+ +If you have any questions about these terms, please contact us:
+ +Gratipay, LLC
+716 Park Road
+Ambridge, PA 15003
+USA
+legal@gratipay.com
Registration, Security, and Privacy
+ +The Gratipay Model and General Rules
+ +Payroll Rules
+ +Rules for Gratipay Teams
+ +Fees and Taxes
+ +Content Accessible on the Service
+ +License to Your Content
+ +Acceptable Use Policy
+ +The following conduct is prohibited on the Service:
+ +Gratipay's Service Providers
+ +Nonprofits and Charities using Gratipay
+ +Copyright Policy
+ +Authorization to Charge or Credit Accounts
- -Each time you initiate or accept a gift transaction through the Gratipay -Services, you authorize Gratipay to charge or credit the accounts involved, to -correct any errors in the transaction and to resubmit any transaction that is -rejected by the applicable financial institution. Your authorization will -remain in full force and effect until you terminate such authorization in -writing.
- -Sending Gifts
- -Transaction Limits. Gratipay may, in its discretion, impose limits on -the transactions you can send through the Gratipay Services.
- -Payment Methods Accepted. Gratipay allows users to send gifts using -selected payment methods identified on the transaction screens within the -Gratipay Services. Gratipay reserves the right to change accepted methods of -payment at any time and in its sole discretion. You may be required to verify -that you control the accounts that you register prior to using the cards for -transactions. If you use a credit card, you agree to comply with all applicable -card association and network rules.
- -Accuracy of Information. You are responsible for confirming the -accuracy of the information you provide about each gift you send, including the -identity of the recipient and the amount of the transaction. Once a gift -transaction is initiated, you may not change, withdraw or cancel your -authorization for Gratipay to complete the transaction.
- -Refused and Refunded Transactions. When sending a gift, the recipient -is not required to accept it. You agree that you will not hold Gratipay liable -for any damages resulting from a recipient's decision not to accept a gift made -through Gratipay. Gratipay will return any unclaimed, refunded or denied gift -within thirty (30) business days of the date you initiate the gift. If a gift -is unclaimed, denied or refunded for any reason, Gratipay will return the money -to your original payment method, if possible. If for any reason Gratipay is -unable to return unclaimed, refunded or denied gifts, Gratipay may deliver such -funds to your state of residency as unclaimed property. Gratipay will determine -your state of residency based on the address you provide when you register for -an account.
- -Information about your Account and Transactions. You can obtain -information about the gift transactions you made for the last thirty (30) days -on the Gratipay website.
- -Receiving Gifts
- -Bank Transfers. In order to receive gifts through the Gratipay -Services, you must be a registered Gratipay user and provide account information -for a valid checking, savings or other ACH-enabled bank account. Funds -transfers to bank accounts usually occur between one to three (1-3) business -days for all transactions.
- -Reversals, Chargebacks and Claims. When you receive a gift, you are -liable to Gratipay for the full amount of the gift, plus any fees, if the payment -is later invalidated for any reason. This means that you will be responsible -for reimbursing Gratipay if you lose a claim or a chargeback or if there is a -reversal of the gift.
- -Taxes
- -It is your responsibility to determine what, if any, taxes apply to the -gifts you make or receive, and it is your responsibility to collect, report and -remit the correct tax to the appropriate tax authority. Gratipay is not -responsible for determining whether taxes apply to your transaction or for -collecting, reporting, withholding or remitting any taxes arising from any -transaction.
- -Fees
- -Gratipay reserves the right to charge service fees based on the total amount -of your transaction. Such fees are subject to change without notice and in -Gratipay's sole discretion. All Gratipay fees will be disclosed to you before you -complete your transaction.
- -Electronic Notices and Your Consent
- -You agree and consent to receive electronically all communications, -agreements, documents, receipts, notices and disclosures (collectively, -"Communications") that Gratipay provides in connection with your Gratipay account -and use of the Gratipay Services. Gratipay may provide these Communications to you -by posting them on the Gratipay website, or by emailing them to you at an email -address you provide. You should maintain copies of electronic Communications by -printing a paper copy or saving an electronic copy. You may also contact us to -request additional electronic copies of Communications or, for a fee, paper -copies of Communications. You may withdraw your consent to receive electronic -Communications by contacting us, however, Gratipay reserves the right to -terminate your use of the Gratipay Services if you decline or withdraw consent to -receive electronic Communications.
- -Disclaimer
- -EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GRATIPAY, THE -GRATIPAY SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY -KIND, EITHER EXPRESS OR IMPLIED. GRATIPAY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS -OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF -MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT -AS TO THE GRATIPAY SERVICES. Gratipay does not guarantee continuous, uninterrupted -or secure access to any part of the Gratipay Services. Gratipay will make -reasonable efforts to ensure that requests for gift payments are processed in a -timely manner, but Gratipay makes no representations or warranties regarding the -amount of time needed to complete processing.
- -Service Changes and Limitations
+ +Termination
+ +Disclaimer of Warranties, Limitations of Remedies
+ +Limitation of Liability
+ +Indemnification
+ +Miscellaneous Terms
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