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Edit TOS to decouple payins and payouts
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@mattbk @chadwhitacre
mattbk authored and chadwhitacre committed Dec 7, 2016
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203 changes: 103 additions & 100 deletions www/about/policies/terms-of-service.md
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Expand Up @@ -6,7 +6,7 @@ These Terms of Service ("Terms") are an agreement between you, a user
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:
If you have any questions about these Terms, please contact us:

Gratipay, LLC
716 Park Road
Expand Down Expand Up @@ -35,94 +35,95 @@ or damage arising from your failure to keep your account secure.
your legal guardian must consent to your use and must agree to be bound by
these Terms.

1. The Gratipay Model and General Rules
1. General Terms

1. The Service is a platform to enable Teams of Gratipay Participants to
receive payments to fund Open Work. Open Work means that the Team provides
a clear path for any individual to voluntarily begin contributing to the Team's
work and to share in any revenue the Team generates. Some examples of Teams
performing Open Work include an open source software project that pays
contributors, or a hackerspace that pays individuals to teach classes or manage
its operations.
1. The Service is a platform to facilitate payments for goods or services.
The nature and scope of such goods or services (the "Work") is defined by
Projects established on the Service.

1. The Participant who establishes a Team is its Owner. Teams may optionally
have other Members.
1. A Participant who establishes a Project is also a Project Owner.

1. When you establish a Team on the Service to fund your Open Work, you agree
that payments will be used exclusively to support the Open Work described
in your Team's profile.
1. Projects may optionally have other Participants as Collaborators. The
Project Owner is also a Collaborator.

1. When you make a payment to a Team, it is a payment to fund the Open Work
the Team provides. You understand and acknowledge that your payment does
not entitle you personally to receive any goods or services from the Team,
unless the Team explicitly offers those things to Participants.
1. A Participant may make payments to a Project Owner via a Project. A
Participant who makes payments via a Project is a Giver.

1. By accepting a payment from a Participant, a Team forms an agreement with
that Participant to perform the Open Work described in its profile. The
Service is a platform to facilitate this agreement. Gratipay is not a party to
the agreement, and is not responsible to either the Team or the Participant if
either party breaches the terms of the agreement (e.g. if the Team fails to
provide the promised services).
1. Terms for Project Owners

1. Gratipay is not obligated to provide refunds under any circumstance. Teams
are responsible for producing the Open Work they offer. Gratipay does not
hold funds on behalf of Teams, and does not warrant or guarantee that Teams
will provide the Open Work they promise.
1. A Project Owner can use the Service to receive payments from Givers for
Work provided by the Project's Collaborators. When you establish a Project
on the Service, you agree that payments via the Project will be used
exclusively to support the Work described in the Project's profile.

1. Payroll Rules
1. Project Owners may only make payments to Collaborators for their
collaboration in the Project's Work.

1. Teams can use the Service's Payroll feature to automatically divide
incoming payments among Team Members, according to the allocation set by
the Owner and/or Members.
1. Gratipay is not a party to any agreement between Project Owners and
Givers, and is not responsible to either the Project Owner or the Giver if
either party breaches the terms of any such agreement (e.g. if the Project
Owner fails to provide the promised goods or services).

1. Gratipay does not determine how a Team's Payroll is allocated and is not
responsible for how Teams internally distribute payments. The agreement
between Team Members and Owners regarding the allocation of payments is solely
between those parties.
1. Establishing a Project on Gratipay involves an application and approval
process. As part of this process, the Gratipay community will have the
opportunity to publicly evaluate and provide commentary about the Project.
However, all decisions regarding whether to accept, reject, suspend, remove, or
take any other action regarding a Project belong solely to Gratipay.

1. Rules for Gratipay Teams
1. Gratipay reserves the right to reject, suspend, or remove a Project at any
time, and for any reason.

1. Teams may accept payments on the Service only for Open Work, meaning that
they provide a clear path for any individual to voluntarily begin
contributing to the Team's work, and to share in any revenue the Team
generates.
1. Terms for Collaborators

1. A Team can only begin receiving payments from Participants once it has
provided a working withdrawal mechanism for receiving payments (e.g. bank
account information).
1. Project Owners can use the Service to distribute payments to
Collaborators.

1. Teams and their Open Work must be consistent with Gratipay's [Brand
Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable
Use Policy.
1. Collaborators may only receive payments from Project Owners for their
collaboration in the Project's Work.

1. Gratipay reserves the right to reject, suspend, or remove a Team at any
time, and for any reason.
1. Gratipay is not a party to any agreement between Project Owners and
Collaborators, and is not responsible to either the Project Owner or the
Collaborator if either party breaches the terms of any such agreement (e.g. if
the Collaborator fails to provide the promised goods or services).

1. Establishing a Team on Gratipay involves an application and approval
process. As part of this process, the Gratipay community will have the
opportunity to publicly evaluate and provide commentary about the Team.
However, all decisions regarding whether to accept, reject, suspend, remove, or
take any other action regarding a Team belong solely to Gratipay.
1. Gratipay does not determine how payments are allocated and is not
responsible for how Project Owners distribute payments. Any agreement
between the Project's Owner and other Collaborators regarding the allocation of
payments is solely between those parties.

1. Terms for Givers

1. Givers may only make payments to Project Owners for the Project's Work.

1. You understand and acknowledge that your payment does not entitle you
personally to receive any goods or services from the Project Owner, unless
the Project Owner explicitly offers those things to Givers.

1. Project Owners are the only party responsible to Givers for producing the
Work their Project describes. Gratipay does not warrant or guarantee that
Project Owners will provide the Work they promise, and Gratipay is not
obligated to provide refunds to Givers or produce work under any circumstance.

1. Fees and Taxes

1. Gratipay does not take any fee from payments made by Participants to
Teams. Gratipay and the Service are funded through the Service itself, by
voluntary contributions from Gratipay Participants and Teams who wish to fund
our own Open Work. To contribute to Gratipay, please [visit Gratipay's Team
page](/Gratipay/).
1. Gratipay does not take any fee from payments made by Givers to Project
Owners, or by Project Owners to Collaborators. Gratipay and the Service
are funded through the Service itself, by voluntary payments from Givers who
wish to fund our own Work. To contribute to Gratipay, please visit Gratipay's
[Project page for the Service](/Gratipay/).

1. You are responsible for paying any third-party fees associated with your
use of the Service, such as credit card and bank fees.

1. You are responsible for paying any taxes and withholdings associated with
your use of the Service. Team Owners, and not Gratipay, are responsible
for compliance with all laws, as well as any taxes and withholding
requirements, applicable to payments made to Team Members (whether through the
Payroll feature or otherwise), including without limitation payroll tax,
unemployment insurance, and worker compensation insurance payments. Team Owners
are also responsible for providing any required tax and other documentation to
employees, independent contractors, tax authorities, or any other person.
your use of the Service. In particular, Project Owners, and not Gratipay,
are responsible for compliance with all laws, as well as any taxes and
withholding requirements, applicable to payments made to Collaborators (whether
through the Service or otherwise), including without limitation payroll tax,
unemployment insurance, and worker compensation insurance payments. Project
Owners are also responsible for providing any required tax and other
documentation to employees, independent contractors, tax authorities, or any
other person.

1. Content Accessible on the Service

Expand All @@ -148,8 +149,8 @@ content. However, Gratipay has no obligation to monitor, filter, or disable
access to any content, and shall not be responsible if you encounter
objectionable content by using the Service.

1. The Service, including Participant and Team profiles, may contain links to
other websites. When you access third-party websites linked to from the
1. The Service, including Participant and Project profiles, may contain links
to other websites. When you access third-party websites linked to from the
Service, you do so at your own risk. Gratipay does not review, control, or
endorse those sites.

Expand Down Expand Up @@ -177,45 +178,47 @@ permissible, for example as fair use.

1. The following conduct is prohibited on the Service:

* Illegal activities, including the promotion or solicitation of illegal
acts.
1. Illegal activities, including the promotion or solicitation of illegal
acts.

* Malicious activity or content, such as the transmission of viruses,
malware, or any other malicious or destructive code, or content or
1. Malicious activity or content, such as the transmission of viruses,
malware, or any other malicious or destructive code, or content or
activity intended to harm or disrupt the hardware, networks, or infrastructure
of Gratipay or any third parties.

* Unauthorized access, including: accessing or attempting to access any
non-public interface, system, or functionality of the Service, or testing
the Service for vulnerabilities, except as described in our [security
1. Unauthorized access, including: accessing or attempting to access any
non-public interface, system, or functionality of the Service, or
testing the Service for vulnerabilities, except as described in our [security
disclosure policy](/about/security/).

* Abuse, including threats of violence or harassment of a Participant
through repeated unwanted contact.
1. Abuse, including threats of violence or harassment of a Participant
through repeated unwanted contact.

* Posting anyone's personal or confidential information, such as social
security numbers, credit card numbers, street addresses, phone numbers,
1. Posting anyone's personal or confidential information, such as social
security numbers, credit card numbers, street addresses, phone numbers,
confidential ID numbers, or account passwords, without their permission.

* Account hijacking, including any access to or use of another
Participant's account without their permission.
1. Aggressive trolling or activism.

1. Account hijacking, including any access to or use of another
Participant's account without their permission.

* Child exploitation, including any content or activity that exploits or
abuses children.
1. Child exploitation, including any content or activity that exploits or
abuses children.

* Spam, including posting unsolicited promotional or commercial content in
comments, sending invitations for the purpose of advertising to the
1. Spam, including posting unsolicited promotional or commercial content in
comments, sending invitations for the purpose of advertising to the
recipients, or posting content or links for the purpose of manipulating search
or other algorithms.

* Intellectual property infringement, including the infringing use of third
party trademarks or the unauthorized and unlawful posting of copyrighted
content. We respond to reports of copyright infringement as described in the
Copyright Policy.
1. Intellectual property infringement, including the infringing use of
third party trademarks or the unauthorized and unlawful posting of
copyrighted content. We respond to reports of copyright infringement as
described in the Copyright Policy.

* Fraud or impersonation, including any use of the Service to impersonate
or deceive others. Contests or promotions that violate any applicable law
or regulation, or that suggest in any way that Gratipay is involved in or
1. Fraud or impersonation, including any use of the Service to impersonate
or deceive others. Contests or promotions that violate any applicable
law or regulation, or that suggest in any way that Gratipay is involved in or
responsible for the activity.

1. Gratipay's Service Providers
Expand All @@ -229,15 +232,15 @@ agreement](https://www.braintreepayments.com/legal/bank-agreement-us).

1. Nonprofits and Charities using Gratipay

1. If your Team is associated with a nonprofit organization, soliciting
payments on Gratipay may subject you to certain state laws regarding
charitable solicitations, including various registration, reporting, and audit
requirements. You are solely responsible for compliance with these and any
other applicable law or regulation.
1. If you are a nonprofit organization, soliciting payments on Gratipay may
subject you to local laws regarding charitable solicitations, including
various registration, reporting, and audit requirements. You are solely
responsible for compliance with these and any other applicable law or
regulation.

1. Gratipay makes no representation or warranty regarding the tax-exempt
status of any Team, or the tax-deductible status of any payment made via
the Service.
status of any Project Owner, or the tax-deductible status of any payment
made via the Service.

1. Copyright Policy

Expand Down Expand Up @@ -348,7 +351,7 @@ SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER PARTICIPANTS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE
SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS
OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRATIPAY OR ITS
OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRATIPAY OR ITS
AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE
AMOUNT YOU PAID GRATIPAY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING
RISE TO THE CLAIM.
Expand Down

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