Who We Are
Firespring, Inc. (FI)
Firespring, Inc. is a Nebraska for-profit corporation that provides software as a service (SaaS) for FF and other nonprofit organizations, foundations and charities. FI developed, offers and maintains a website platform that facilitates donor designated charitable giving (the “Platform”). FI is willing to license the Platform to FF and Client for use in connection with FF’s collaboration with Client and is willing to provide the Client technical and administrative services described in this Agreement.
Firespring Foundation (FF)
Firespring Foundation is a Nebraska nonprofit, tax-exempt charitable foundation qualified as such under 501(c)(3) of the Internal Revenue Code which operates a donor advised fund to administer donor advised contributions made through the Giving Day Website.
The Client is typically a prominent nonprofit tax-exempt charitable foundation qualified as such under IRC §501(c)(3). Clients enter into an agreement with FI and FF to use FI’s Giving Day Website Platform and take the lead to conduct fundraising campaigns (the “Giving Events”) at least once a year that are intended to raise funds for a wide range of reputable nonprofit organizations (Registered Charities) that it desires to benefit in its community. The Client is featured prominently on the Giving Day Website during the Giving Event.
Eligibility and Registration
If you choose to create an account with us, you will be asked to provide an email address and password.
You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with 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 discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing firstname.lastname@example.org.
If you create an account with us, we or the Client, or the Registered Charities you choose 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.
Fundraising on the Firespring Giving Day Website
Registered Charities and Administrative Access
The Giving Day Website contains pages featuring charities and other qualifying tax-exempt organizations registered as pre-approved to receive distributions (regrants) of donor-advised contributions given to Firespring Foundation's donor advised fund (“Registered Charities”). The existence of these pages on the Giving Day Website does not constitute as solicitation of donations by FI or FF; FI does not engage in any solicitation activities on behalf of any Registered Charity. If you are affiliated with a Registered Charity, you may register to claim Administrative Access to the page featuring your organization by completing the form here: https://givetolincoln.com/register.html. Your user account with Administrative Access will allow you to function as the page admin of the Registered Charity, update content on the Registered Charity page, and access donation and regrant reports for the charity.
By claiming Administrative Access for a Registered Charity, you agree that:
- You have authority to represent the Registered Charity in completing this registration
- You will provide true, accurate, and complete information through the Giving Day Website.
- You are solely liable and responsible for all actions taken via your user account.
- You are either an employee or volunteer of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the Giving Day Website.
- You do not have authority to act on behalf of, speak for, or obligate FI, or FF in any manner, except to use authorized FI online tools and materials to raise funds through the Giving Day Website.
Donating on the Giving Day Website
Tax-Deductible Contributions to Charitable Causes
Donations made on the Giving Day Website in support of Registered Charities, projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to the FF donor advised fund and are not refundable. FF is a Nebraska nonprofit, tax exempt charitable foundation qualified as such under Section 501(c)(3) of the Internal Revenue Code which maintains a donor-advised fund. A donor-advised fund (“DAF”) is a separate account of a charity that receives completed gifts from donors while allowing them the privilege of advising on the distribution of their gift to other charities and charitable causes. Normally your donation to a Charitable Cause made through the Giving Day Website goes to and will be receipted by FF as a donor-advised contribution. FF makes every effort to honor donor advisements and is authorized to do so for advisements to public charities appearing on the Giving Day Website as Registered Charities. Occasionally, for specific fundraising events, FF will collaborate with other local public charities. In those cases, the event website and other publicity will indicate if contributions will be receipted directly by the local charity, instead of by FF.
It is FF’s normal practice to retain 2.9% plus $0.30 cents per donation. FF makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, FF must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have selected does not satisfy Firespring Foundation’s criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don’t or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), FF may select an alternate charity to receive your advised funds.
Charged Back or Refunded Donations
In accordance with IRS regulations, the FF enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, the FF recognizes circumstances where reversal of one or more transactions may be necessary. These include Charge Back and Gross Error transactions.
A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The FF staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Foundation. However, if the FF is unable to resolve such cases and the case is referred to arbitration, the FF will accept the Charge Back transaction. Further, the FF will, under its variance power and authority, not regrant any funds to the selected organization that has been charged back. If the Charge Back funds have already been distributed to the selected organization, , no attempt will be made to compel the organization to return the funds since the distribution of a the donation advisement is considered complete and unrestricted. However, the FF will not issue any further regrants of donor-advised funds until it receives additional funds from donors or other sources advised for the organization equal to the amount of the Charge Back.
A Gross Error transaction occurs when the credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include donation intended to be directed to one organization but made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. FF retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if FF has not yet regranted the funds to the designated organization (see “Tax-Deductible Contributions to Charitable Causes” section for more information on regrants). Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the Giving Day 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. FI 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 Giving Day Website, for the authorized credit card holder to utilize in order to make a donation.
No Goods and Services in Exchange for Donations to Charitable Causes
Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Firespring Foundation. FF may only accept pure contributions and not part gift and part sale transactions.
Privacy of Donor Information
If you are a Registered Charity Admin, donor information will be shared with you via a report accessible on your Registered Charity Page or Fundraising Page on the Giving Day Website.
Firespring Foundation Financial Information
FF files the annual Form 990 with the Internal Revenue Service. The IRS Form 990 will be available upon request by emailing legal@Firespringfoundation.org.
Conduct and Content on the Giving Day Website
Website Content and Intellectual Property
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Giving Day Website and all Tools, and that is used by FI or FF in conjunction with the services they are providing (other than User Content as defined below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Giving Day Website (collectively, "Website Content"), are owned by FI or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from FI or its licensors.
FI grants the Client and the Registered Charities a limited, non-exclusive, royalty-free license to use the trademark “Firespring®” solely on a Fundraising Page for purposes of raising funds for the Registered Charity through the Giving Day Website. FI reserves the right to monitor your use of its trademark “Firespring®” and to require that you use it in conjunction with its quality control criteria or standards. FI reserves the right to refuse or revoke permission to use the “Firespring®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in FI’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 tarnishment of FI’s reputation or goodwill, and/or (e) jeopardy to FF’s tax-exempt status. You may not incorporate any FI or FF trademark within any trademark, trade name, or domain name created by you.
Registered Charity Content
The Giving Day Website allows Registered Charities to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). FI permits Registered Charities to use the Giving Day Website, the Tools, and the services provided by FI and by FF subject to the Registered Charity acknowledging and agreeing to the following conditions:
- In creating and maintaining a Fundraising Page on the Website, you grant a limited, non-exclusive, royalty-free license to FI and FF to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to FF’s DAF on the Website. You further grant to FI and FF the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to FI and FF. The foregoing license does not provide FI or FF any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of FI or FF.
- Registered Charity Content posted by you and other users of the Giving Day Website does not necessarily reflect the views of FI or FF.
- FI may, but is not obligated to, remove with or without prior notice any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. FI’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
- The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Neither FI nor FF assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the Giving Day Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
- You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the Giving Day Website.
- You agree that the Registered Charity Content will accurately describe that contributions made via the Giving Day Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to FF as completed gifts.
- You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
Registered Charity License to Firespring and FF
In creating and maintaining a Fundraising Page on the Giving Day Website, each Registered Charity agrees to grant for up to 45 days following termination a limited, non-exclusive, royalty-free license to FI and FF to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting donor-advised contributions to FF’s DAF on the Website. You further grant to FI and FF the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Registered Charity on the Fundraising Page.
FI grants to each Registered Charity a limited, non-exclusive, royalty-free license to display the trademark Firespring ® and any other trademarks claimed by FI (the “FI Trademarks”) solely on its Fundraising Page for purposes of raising funds through the Giving Day Website. Each Registered Charity acknowledges the ownership of the FI’s and FF’s trademarks, and all use of the trademarks inures to the benefit of FI and FF. You may not incorporate any FI or FF trademark within any trademark, trade name, or domain name created by you.
Firespring Foundation’s License to You
FF grants each Registered Charity a limited, non-exclusive, royalty-free license to display the name Firespring Foundation™ solely on your Fundraising Page for purposes of raising funds through the Giving Day Website. You may not incorporate the Firespring Foundation name within any trademark, trade name, or domain name created by you.
Appropriate User Conduct
The services you are receiving from FI (and the collaborative charitable services you may receive from FF) are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the Giving Day Website for any commercial purpose, or for any other purpose without our prior written consent.
You may not use the services provided by FI and FF or the Giving Day Website for any illegal or unauthorized purpose. While using the Giving Day Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
Appropriate User Content
The Giving Day 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”). FI permits you to use the Giving Day Website, the Tools, and the services provided by FI and by FF subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the Giving Day Website does not necessarily reflect our views.
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 failure 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 on the Fundraising Page is solely the responsibility of each Fundraiser. FI 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 to the Giving Day 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 contributions made via the Giving Day Website.
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, including but not limited to that of Registered Charities on the Giving Day Website
You agree not to:
- advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Giving Day Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);
- operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- upload, post or distribute any User Content which, in FI 's sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
You agree not to engage in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including FI, Firespring Foundation, or its employees and agents;
- violates these Terms or any other policy posted on the Giving Day Website; or
- interferes with others’ use of the Giving Day Website or the services provided by FI and the FF.
By posting, uploading or otherwise sharing your User Content on the Giving Day Website, you:
- grant to FI and FF a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Giving Day Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
- permit, but not require, FI to identify you as the provider of such User Content;
- represent and warrant that you have all necessary rights to grant the foregoing permissions; and
- grant to FI and FF and other users of the Giving Day Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
You agree that FI and FF have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Giving Day Website.
You also agree not to upload, distribute, or otherwise publish any User Content to or through the Giving Day Website that:
- contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
- uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Giving Day Website;
- constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
- promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;
- contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, FI hereby serves the following DMCA/OCILL Notice to users of the services provided by FI and by the FF or Giving Day Website that:
- FI has designated an agent to receive notices from copyright owners about alleged infringements by users of the Giving Day Website and send notices to the Giving Day Website users who post or send allegedly infringing material;
- FI has adopted a policy of terminating access to the Giving Day Website by users who are repeat copyright infringers;
- FI accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
- Upon receiving proper notification of an alleged infringement by a Giving Day Website user, FI shall expeditiously take down or block access to the copyrighted material; and
- FI has designated the following person to serve as FI ’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
FI has designated the following person to serve as FI ’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
Name: Dustin Behrens, Firespring, Inc. Address: 1201 Infinity Court, Lincoln, NE 68512 Telephone number: 1-402-437-0000 E-mail address: email@example.com
Additional Legal Provisions
Disclaimer of Warranties
The Giving Day Website and Tools are provided to you "as is" without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Giving Day Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. FI hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. FI 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 NEITHER FIRESPRING, INC., FIRESPRING FOUNDATION, NOR ANY OF THEIR 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 GIVING DAY WEBSITE OR THE SERVICES PROVIDED BY FIRESPRING AND BY THE FIRESPRING FOUNDATION (AND YOUR USE OF, OR INABILITY TO USE, THE GIVING DAY WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE GIVING DAY WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
Hold Harmless and Indemnity
Your use of the services provided by FI and by FF 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 FI or by FF, or the Giving Day 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.
Links to Other Websites and Content
We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Giving Day Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
FI may provide you with notices regarding the services provided by FI and by the Foundation, the Giving Day Website, or these Terms by regular mail, email, or postings to the Giving Day Website.
The Giving Day Website is controlled and operated from within the United States. FI makes no representation that the Giving Day Website is appropriate or available in locations outside the United States. Those who choose to access the Giving Day 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.
Term and Termination
These Terms apply to your use of the services provided by FI and the FF and the Giving Day Website at all times. See the Agreement for Services for details of terminating the Agreement. Upon termination or expiration of Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Giving Day Website immediately ceases.
Consequences of Termination for Registered Charities
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 FI ’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions 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.
These Terms shall be governed by the laws of the State of Nebraska without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Giving Day Website shall be litigated or otherwise heard in the state or federal courts located in Nebraska and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
FI may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.