Terms of Use

Summary

Welcome to the givetolincoln.com website (the “Giving Day Website”) operated by Firespring, Inc.  (“Firespring,” “FI”, “we,”, or “us”). By using the Giving Day Website, either as a donor or as the administrator for a Registered Charity (“you”), you acknowledge that you are at least 18 years of age, that you desire to make or the Registered Charity you represent desires to receive a charitable contribution and have read and agree to be bound by these Terms of Use (the “Terms”).   Such Terms include  all technical specifications, rules of operation, security procedures, and any other terms and conditions published  by Firespring or Firespring Foundation from time to time through the link on the Giving Day Website. Nothing in these Terms may be construed to create or confer any rights in any of your third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, do not use the Giving Day Website.

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.

Client

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 support@firespring.com.

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.

This site is intended solely for individuals 18 years of age or older or organizations or Registered Charities. Any use or access of the site from persons under 18 is strictly prohibited. We will terminate and block access to the Giving Day Website  of any  persons  that we discover are not at least 18 years of age, or who or which otherwise violate these Terms of Use.

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:

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

Privacy and security of donor information is of vital importance to us. We will not share names of donors with anyone other than the Client and the Registered Charities, except in conformity with the policies set forth in this section of the Terms of Use and in no event will we, the Client and the Registered Charities ever sell your information to anyone. When you contribute to any cause on the Giving Day Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. FI or FF will make available to the Client and the Registered Charity reports identifying, your name, address, email, and transaction accounting details. FF, the Client and the Registered Charities that ultimately receive your donations shall have the right to identify and publically acknowledge you as a donor in their discretion, unless you elect, at the time of your donation, to make the gift anonymous, in which case we, the Client and the Registered Charity agree not to publically disclose your name or your gift.

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

Website Content

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.

Firespring’s Trademarks

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:

Trademarks

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.

Firespring’s License

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:

You agree not to engage in any conduct that:

By posting, uploading or otherwise sharing your User Content on the Giving Day Website, you:

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:

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:

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.

Liability Limitation

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.

Changes to Services, Website, and the Terms of Use

We reserve the right to modify or terminate the services you are receiving from FI (and the collaborative charitable services you are receiving from the Foundation) or the Giving Day Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Giving Day Website. When you first register a user account through the Giving Day Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Giving Day 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 are unacceptable to you, you must cease use of the Website.

Notices

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.

International Use

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

Within four (4) weeks after termination of these Terms of Use, FI  will cease promoting contributions to FF advised for regrant to you; remove your Fundraising Page(s) and all information relating to you from the Giving Day Website; provide a final account statement; and regrant any remaining balance of contributions previously advised to your benefit.

Miscellaneous

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.

Contact

For questions about these Terms of Use please contact us at: legal@firespring.com.