Last Updated: 3/28/2016
The HandUp Website was established to raise funds for human service organizations that support people experiencing significant economic hardship as a part of their mission. All users who access the HandUp Website are referred to herein as “users.” Users who make donations through the HandUp Website are referred to herein as “Donors.” Users who are experiencing significant economic hardship and set up profiles on the HandUp Website in order to directly or indirectly receive donations are referred to herein as “Members.” Human service organizations and qualified retailers that work with us to create profiles for Members and other fundraisers on the HandUp site, and to coordinate and distribute donations are referred to herein as “Partners”.
Any use or access of the site from users under 18 is strictly prohibited and a violation of these Terms. By using the HandUp Website you represent and warrant that you are 18 years of age or older. If you choose to create an account with us, you may be asked to provide an email address and password. We may ask you to provide certain personal information, such as name, phone number, and email address, in creating your user account.
If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.
All content on the Handup Website, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that, if you are eligible to use the Handup Website, you are granted a limited non-exclusive license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. You may not republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Handup, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
Privacy and security of our user information is of vital importance to us. We will not share or sell names of users without their consent.
The services you are receiving from HandUp are provided for personal use to “help people in need”. You agree to use the HandUp Website only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not and represent and warrant that you will not:
The HandUp Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). HandUp permits you to use the HandUp Website, the Tools, and the services provided by HandUp subject to your acknowledging and agreeing to the following conditions:
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our right to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content is solely the responsibility of each User. HandUp does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content on the HandUp Website. You bear sole responsibility for the consequences of posting User Content.
You agree that the User Content will accurately describe the collection and intended use of donations made via the HandUp Website.
You agree that User Content posted by you and other users of the HandUp Website does not necessarily reflect the views of HandUp.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
By posting, uploading or otherwise sharing your User Content on the HandUp Website, you:
In consideration of your use of the HandUp Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the HandUp Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account and (e) notify us immediately if you become aware of unauthorized use of you Registration Data or other security breach of the HandUp Website. We may refuse to grant you access if you select a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole and absolute discretion. Any attempt to access restricted areas of the HandUp Website without authorization is prohibited.
HandUp agrees to distribute donations to Partners. All such donations become the property of HandUp Partners, are non-refundable by HandUp and are made in the user’s sole discretion and at your sole risk based on your sole determination and evaluation of the fundraiser. You are solely responsible for determining the tax deductibility of any donation. Some donations made through HandUp are tax deductible. Tax deductibility will be indicated in the donation checkout flow and in the donation receipt. HandUp is not liable or responsible for any errors or omissions caused by the Processor or failures on part of the Processor.
HandUp offers various gift cards and donation codes as a service to our donor community. These promotions explicitly list an expiration date, generally occurring six months after purchase. At the time of expiration, any unredeemed value will be automatically distributed to HandUp Partners at HandUp’s sole discretion.
Only the authorized credit card holder may donate on the HandUp Website. A third party may not use the Donor's card information or enter donations on behalf of the Donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. HandUp may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the HandUp Website, for the authorized credit card holder to utilize in order to make a valid donation.
Ultimate Responsibility for Donor Expressions of Preference about Use of Funds
The HandUp Website provides an opportunity for you as a Donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and HandUp is not responsible or liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligation beyond HandUp’s obligation to distribute donations to HandUp Partners. HandUp does guarantee that your donation will be distributed to a Partner to in furtherance of its mission.
HandUp Members will receive a web profile viewable by the general public. (You may, however, disable this option at any time by emailing email@example.com).
As a Member, you may use the HandUp Website to collect donations to help meet your basic needs.
By signing up for our service, Members:
HandUp hereby grants Members a limited, non-exclusive license to create fundraisers on the HandUp Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the HandUp Website (collectively, the “Tools”) solely in accordance with these Terms for the purpose of raising donations for the cause advertised on their fundraising page.
HandUp grants Members a limited, non-exclusive, royalty-free license to use the trademark “HandUp®” solely on their Member page for purposes of collecting donations through the HandUp Website. HandUp reserves the right to monitor your use of its trademark “HandUp®” and to require that you use it in conjunction with its quality control criteria or standards. HandUp reserves the right to refuse or revoke permission to use the “HandUp®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in HandUp’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or diminishment of HandUp’s reputation or goodwill, and/or (e) jeopardy to HandUp’s public benefit corporation status. You may not incorporate any HandUp trademark within any trademark, trade name, or domain name created by you.
In creating and maintaining a Member page on the Website, Members grant a limited, non-exclusive, royalty-free license to HandUp to display the Content that you upload for the exclusive purpose of promoting you and soliciting donations. Members further grant to HandUp the right to sublicense the Content to Partners solely for the limited purpose of using the Content to promote such Partner, including the right to access, display, view, store, and/or download the Content, and post or forward the Content to others. Members represent and warrant that they have the necessary rights to grant the foregoing permissions to HandUp.
Members are required to execute the following release prior to posting a profile or obtaining any donations through the HandUp Website:
By using the HandUp Website, I authorize HandUp to make, use, and publish my first name (or alias), biographical information including information about my personal needs, medical condition and any needs I am raising funds for, any photographic or other audiovisual image, whether in original form or as edited or altered at the sole discretion of HandUp, for marketing, fundraising, Donor solicitation and other promotion of the purposes, programs and services offered by HandUp, including the HandUp global crowdfunding platform and website in any type of media, including electronic media, online or website, anywhere and for all time (collectively, the “Publicity Rights”).
I release and discharge HandUp, and agree to hold HandUp harmless, from any and all claims or liability resulting directly or indirectly from use of the Publicity Rights, including any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity or copyright, or any other personal or proprietary right. I agree that I do not have any right to inspect or approve any material that may be used in connection with the Publicity Right or the uses to which the Publicity Right may be applied.
In signing this waiver, I also hereby acknowledge the following criteria for participation in HandUp (initial each). I understand that failure to adhere to this agreement could result in termination of my HandUp account and forfeit of any funds therein:
____ Under no circumstances will I use my HandUp points to purchase, trade, or exchange for alcohol, weapons, drugs, or any illegal substances or services. I will only use HandUp for my own needs and not on behalf of others. I will not pay employees, collect income or make other taxable business transactions using HandUp.
____ I understand that all points in my account are the rightful property of HandUp and/or affiliated partners until released to me in the form of a(n) item or service. I understand that HandUp cannot be held liable for any lost or stolen items that I receive as a Member of the program.
____ I hereby certify that I am currently experiencing significant economic hardship.
____ I understand that HandUp has a legal obligation to keep donation information private and therefore that I will not have access to private information on my Donors.
____ I understand that HandUp is willfully offering its services and reserves the right to terminate my account and redistribute my unused points at any time. Similarly, HandUp gives me the right to terminate my account at any time.
____ I further represent that I am at least eighteen (18) years old and have the legal capacity to provide this Release. If I choose to include a dependent (i.e. - child or spouse) in my photo, I hereby certify that I have the legal right to do so.
Partners are responsible for ensuring that Member content is approved by Members. Partners are further liable for ensuring that Members sign the HandUp Member Release before posting their User Content on the HandUp website.
Partners agree that the User Content will accurately describe that donations made via the HandUp Website, although Donor-advised for the benefit of a specified Member, are given to HandUp to be distributed to the Partners and may not be used for the Donor-advised purpose.
HandUp hereby grants Partners a limited, non-exclusive license to create a personal fundraiser for a Member on the HandUp Website and to use the Tools solely in accordance with these Terms for the purpose of raising donations for the cause advertised on such fundraising page.
We do not guarantee the accuracy of any User Content or content provided by third parties (“Third Party Content”). Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post on the HandUp Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the HandUp Website or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User of the Site or Service. We cannot guarantee and do not promise any specific results (relating to donations or otherwise) from use of the HandUp Website.
YOU UNDERSTAND THAT WE PROVIDE THE HANDUP WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HANDUP AND THE SOFTWARE, HARDWARE AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The HandUp Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the HandUp Website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the HandUp Website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the HandUp Website, any User Content or Third Party Content posted on or through the HandUp Website or transmitted to Users, or any interactions between users of the Site, whether online or offline.
We reserve the right to change any and all content contained in the HandUp Website and any services offered through the HandUp Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by HandUp.
We expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any Member, any Partner, or any Donor. HandUp is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
YOU AGREE THAT HANDUP NOR ANY OF ITS PARTNERS OR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE HANDUP WEBSITE OR THE SERVICES PROVIDED BY HANDUP (AND YOUR USE OF, OR INABILITY TO USE, THE HANDUP WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE HANDUP WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
Your use of the services provided by HandUp is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by HandUp, or the HandUp Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.Links to Other Websites and Content
The HandUp Website may contain links to third party websites (“Linked Sites”). These links are provided only as a convenience. The inclusion of any link is not, and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by HandUp of any information, materials, products, or services contained in or accessible through any Linked Site. In no event shall HandUp be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk. Your access and use of the Linked Sites are governed by the Terms and privacy policies of such Linked Sites, and we encourage you to carefully review all such terms and policies. Although we take care to review the websites to which links are provided, we cannot guarantee the authenticity, or accuracy of any of the information contained therein.
By using our services, you are agreeing to these Terms. Please read them carefully. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the HandUp Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms Use are unacceptable to you, you must cease use of the HandUp Website.
HandUp may but is not obligated to provide you with notices regarding the services provided by HandUp, the HandUp Website, or these Terms by regular mail, email, or postings to the HandUp Website.
The HandUp Website is controlled and operated from within the United States. HandUp makes no representation that the HandUp Website is appropriate or available in locations outside the United States. Those who choose to access the HandUp Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
These Terms apply to your use of the services provided by HandUp and the HandUp Website at all times. You may terminate under these Terms at any time by emailing firstname.lastname@example.org, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the HandUp Website immediately ceases.
HandUp reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, and/or your access to all or a portion of the HandUp Website and/or remove any registration information or User Content from the HandUp Website, for any reason (including if you breach of any of the provisions of these Terms). HandUp also reserves the right to change the HandUp Website without notice to you, at any time.
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without HandUp’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These Terms are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
The failure of HandUp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. 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.
These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the HandUp Website shall be litigated or otherwise heard in the state or federal courts located in the Northern District of California and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
HandUp may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.
If you believe that any material on the HandUp Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Attn: HandUp Staff
Full Address of Designated Agent to Which Notification should be Sent:
995 Market St. – 2nd Floor
San Francisco CA 94103
E-Mail Address of Designated Agent: email@example.com
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the registrations of users who are deemed to be infringers.
For questions about these Terms please contact us at: firstname.lastname@example.org
Upon request, HandUp shall allow you to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, as determined by HandUp at its sole discretion. Additionally, upon request, HandUp shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete your entry without some residual information being retained due to the manner in which data backups are maintained.
Use of the HandUp Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by HandUp to use the HandUp Properties, even if Minors set up an Account or accept the terms of any agreement or policy herein for the HandUp Properties
995 Market St.- 2nd Floor
San Francisco CA 94103