RT2Give, a service of Twitpay

Social giving made simple.

TERMS OF SERVICE AND USE AGREEMENT (RT2GIVE SERVICE)

Last Updated March 13, 2010

1.         Terms of Agreement.

THESE TERMS OF SERVICE AND USE AGREEMENT (RT2GIVE SERVICE) (THIS AGREEMENT) IS BETWEEN YOU AND USERS OF YOUR ACCOUNT (COLLECTIVELY, YOU) AND SOCIAL MEDIA PAY, LLC D/B/A TWITPAY (TWITPAY,OUR OR US).  These terms apply only to Twitpay's RT2Give service.  Our terms of service and use for our personal pay service are located at https://twitpay.me/p/terms.  BY USING THE SITE, ACCESSING THE SERVICE OR CREATING AN ACCOUNT TO USE THE SERVICE (AN ACCOUNT), YOU AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE http://www.rt2give.com WEBSITE OPERATED BY TWITPAY (THE SITE), ACCESS THE TWITPAY'S RT2GIVE SERVICE (THE SERVICE) OR CREATE AN ACCOUNT.

We reserve the right at any time, without notice, to:

  • change the terms and conditions of this Agreement and our Privacy Policy http://rt2give.com/pages/privacy;
  • change the Site or the Service, or any feature or component thereof; or
  • deny you access to the Service or the Site.

Any changes we make to this Agreement will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or Site. We indicate at the top of the page when this Agreement was last updated. Your continued use of the Site or Service will be deemed acceptance of such changes.  Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

2.         Description of the Service.  The Service is Twitpay's proprietary fund raising solution for organizations, including, but not limited to, non-profits, political organizations and other fundraising organizations (each, an Organization and collectively, Organizations), whereby Organizations can solicit, and Twitpay (acting through its third party processors) will process, donations of Members (as defined below) over social networks, including, but not limited to, Twitter.

3.         Limited Use License.  Upon your establishment of an Account with Twitpay, Twitpay grants you a non-exclusive, revocable, nontransferable license to use the Service solely to respond to solicitations from Organizations, retweet solicitations, and to cause Twitpay to initiate payments to Organizations from the bank account or, once we offer the ability to add credit card information to your account, credit card, that you list in your Account registration (Payment Account).  You may not use the Site or Service for any other purpose.

4.         License Restrictions and Limitations.  The limited, personal use license granted in accordance with Section 3 above is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement.  You agree that you will not, under any circumstances:

(a)     sell, sublicense, assign, rent, lease or sell your Account or password or otherwise authorize third persons to access your Account or use your password;

(b)     modify, translate or create derivative works based on, or utilizing, the Service or Site, or any portion thereof;

(c)     remove or tamper with any copyright or other proprietary notices contained in or relating to the Service or Site, or any portion thereof;

(d)     exploit the Service, the Site, or any portion thereof, for any commercial purpose;

(e)     use any unauthorized third-party software that intercepts, mines, or otherwise collects information from, within or through the Service or Site;

(f)      modify, or allow or cause to be modified, any files that are a part of the Service or Site in any way not expressly authorized by Twitpay in writing in each instance;

(g)     create any other software or content that incorporates the Service or Site, or any portion thereof;

(h)     violate any applicable law, rule or regulation in connection with your use of, or access to, the Service or Site; or

(i)      disrupt or assist in the disruption of any computer or network used to host, maintain, support or provide the Service or Site. 

5.         Accounts.  In order to be a registered user of the Service, you must establish an Account by completing Twitpay's online registration process.  You only need to set up one Account in order to use the Service and you can donate to multiple Organizations from the same Account.  However, your RT2Give Account is separate from any Twitpay account you may have for our personal payments service.  By accepting this Agreement and completing the Account registration process, you represent that you are an adult 18 years of age or older.  To create an Account, you must link your Twitter account to your RT2Give account.  You must provide truthful and accurate information in creating your Account.  You authorize Twitpay, directly or through third parties, to make any inquiries we consider necessary to validate your identity.  This may include verifying your information through third party databases.  You are solely responsible for maintaining the confidentiality and security of your login name, password and Account and you are liable for all activities conducted through your Account.  You should not reveal your Account information to anyone else or use anyone else's Account.  You agree to immediately notify Twitpay of any unauthorized use of your Account or any other breach of security of which you are aware.  Twitpay shall not be responsible for any damages, losses or expenses arising out of the unauthorized use of your Account.  Those persons who have completed the required steps to establish and maintain Accounts in good standing are sometimes referred to in this Agreement as Members.

6.         Your Information.  The personal information that you submit to Twitpay or that Twitpay collects in connection with your use of the Site or the Service is subject to Twitpay's Privacy Policy at http://rt2give.com/pages/privacy which is expressly made part of this Agreement.  If you have not already read Twitpay's Privacy Policy, you should do so now.  If you establish an Account or access the Site or the Service, (a) you agree to provide accurate, current and complete information required to register with the Service and establish an Account, and at other points as may be required in the course of using the Service and (b) you agree that Twitpay may, whether itself or through third party providers, store and use the data you provide in connection with the Service, including without limitation, for use in maintaining your Account, all as more fully provided in the Privacy Policy.

7.         Service Requirements; Third Party Websites.  Use of the Site and Service requires Internet and/or mobile phone access and a Twitter account and you are responsible for all fees associated with your Internet and mobile phone connection.  Your use of the Service can also be subject to Twitter's Terms of Service located at http://twitter.com/tos and the terms of our third party processing providers, including, without limitation the Terms and Conditions of the Online Payment Service for Moneta located at https://www.monetacorp.com/enrollment/corp/terms.jsp.  The Site and Service may include hypertext links to websites operated by parties other than Twitpay.  Those websites may collect data or solicit personal information from you.  Twitpay does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites may collect.

8.         Process to Initiate a Donation.  If you tweet or retweet a donation to a Organization, you are requesting an electronic transfer from your Payment Account which will be processed through ACH transfer, the ATM debit network or the Visa/MasterCard network.  You agree that such requests constitute your authorization to Twitpay to such transfer. Once you have provided your authorization for the transfer by tweeting a confirmation of a Y or by any other confirming method acceptable to us, your Donation is initiated and you will not be able cancel the electronic transfer.  You give Twitpay the right to resubmit any debit you authorized that is returned or rejected for insufficient or uncollected funds or for being over your applicable credit limit.  You agree to be responsible for all donations initiated from your Account and that Twitpay may cause a debit or charge, as applicable, to your Payment Account for the amount of such donation and for any fees (such as overdraft fees) that may be assessed by your Payment Account provider.  Also, in addition to this Agreement, you are also bound by the terms and conditions of the provider of your Payment Account and our third party payment processors.  If you want to designate a different Payment Account you may do so by visiting our registration page and updating your information.  Twitpay reserves the right to change the payment methods offered at any time.  Additionally, we may, from time to time, and in our sole discretion, impose limits on the amount of money that can be donated to a Organization at any one time or in a specified period.

Use of the Service may create an overdraft.  Twitpay is not responsible for verifying if you have enough funds to complete the requested donation.  Twitpay shall have no liability for issues encountered by your use of the Service due to factors beyond its control, including, without limitation, (a) your not having sufficient funds to complete a transaction or the transaction would exceed the credit limit of your Payment Account; (b) your providing incorrect Payment Account information; and (c) errors or malfunctions of the third-party payment processor.  Additionally, if we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction) or the transaction is later invalidated for any reason,  you may be assessed a fee by your financial institution and/or you may be assessed a fee by the Service and you must reimburse the Service for any fees or costs it incurs in attempting to collect the amount of the return from you.

9.         Delivery/Processing of Donation.  Donations are processed via a PCI compliant technology through a third party processor and funds are typically delivered to Organization in 3 days.  Twitpay will make reasonable efforts to ensure that donations are processed in a timely manner but Twitpay makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system and delays of our third party service providers.   Additionally, on occasion, technical problems may delay, interrupt or prevent your donation from being processed.  If we discover a processing error, we will use commercially reasonable efforts to have our third party processing agents rectify the error.

10.       Tax Treatment of Donations.  PLEASE NOTE THAT NOT ALL ORGANIZATIONS HAVE 501(C)(3) STATUS OR ARE NON-PROFIT AND THEREFORE NOT ALL DONATIONS MADE THROUGH THE SERVICE ARE TAX-DEDUCTIBLE.  Twitpay is not responsible for independently verifying the tax status of any Organization.  Twitpay does not provide any tax advice and you are advised to consult with your personal tax advisor regarding the ability to obtain any tax deductions for donations made to each Organization through the Service.  We will provide a receipt at the end of the year listing all of your donations made through the Service and indicating whether or not each Organization to which you donated is, based solely on the information provided to us by such Organization, a 501(c)(3) organization or not.  Additionally, you may view your donation history for the prior year by logging into your Account and looking at your Account History. Twitpay does not represent or warrant that any receipts available on the Site or through the Service will be satisfactory evidence of a donation if you are audited by the U.S. Internal Revenue Service.

11.       Electronic Signatures and Contracts. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and your requests to make donations to Organizations through the Service.

12.       Rules of Conduct.  You agree that you will be personally responsible for your use of your Account and the Service and for all of your communications and activities using the Service.  The following list of prohibited conduct is for illustrative purposes only and is a non-exhaustive list of potential violations of this Agreement. You will be deemed to have violated this Agreement if you (or others using your Account) do any of the following:

  • Transmit or distribute content that is illegal.
  • Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted.  This means: do not say bad things about them, do not keep sending them unwanted messages, do not attack their race, sexual orientation, religion, heritage, etc.
  • Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
  • Impersonate another person, indicate that you are a Twitpay employee or a representative of Twitpay, or attempt to mislead users by indicating that you represent Twitpay or any of Twitpay's affiliates, vendors or licensors.
  • Attempt to get a password, other account information, or other private information from a Member or any other user of the Site or Service.
  • Distribute any content on the Service that you do not own or have permission to freely distribute or items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.
  • Distribute files that contain a virus or corrupted data.
  • Post messages for any purpose other than personal communication, including without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Site or Service.
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
  • Exploit any bug in the Site or Service or communicate the existence of any such bug (either directly or through public posting) to any other user of the Site or Service.

 

13.       Public Nature of Communications.  You acknowledge and agree that your communications through the Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service.  You acknowledge that personal information that you communicate through the Service may be seen and used by others and result in unsolicited communications.  Twitpay is not responsible for information that you choose to communicate to Organizations or other users of the Service, or for the actions of Organizations or other users.  Once you send any content using the Service, you expressly grant Twitpay a perpetual, irrevocable, assignable, transferable right and license to quote, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast and otherwise communicate, and publicly display and perform, the content in any form, anywhere, for any legitimate business purpose in Twitpay's discretion (with or without attribution to you or your user name), and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable Twitpay to use such content for such purposes. You waive, and agree not to assert, any moral or similar rights you may have in such content.

14.       Organization and Member Created Content.  Although Twitpay prescreens Organizations before allowing them to communicate with Members through the Service, Twitpay does not endorse or approve, any messages or content that Organizations, you or other users post or communicate on the Service or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Service.  To the maximum extent permitted by applicable law, Twitpay does not assume any responsibility or liability for content that is generated by Members, Organizations or other guests on or through the Service or Site.  Twitpay reserves the right in our sole discretion, and to the extent feasible, to remove any content that is objectionable to Twitpay for any reason.  Twitpay does not assume any liability for any failure or inability to remove, or any delay in removing, any content.

15.       Proprietary Rights; Copyrights and Trademarks.

(a)        Much of the content available on the Site or Service is owned by Twitpay or our third-party licensors, and is protected by copyrights, trademarks and other intellectual property rights.  This includes, without limitation, the Site and Service and all content, software, programs, design, text, data, the look and feel and arrangement of items, and all trademarks, trade names, service marks, logos and icons.  You shall not copy or download any content from the Site or Service unless we have expressly authorized you to do so.

(b)        You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the content you find on the Site or Service.  You may not upload or post on the Site or distribute through the Service any content protected by copyright, trademark or other intellectual property rights (the Intellectual Property Rights) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable content.  You hereby represent and warrant to Twitpay that you own all necessary and required right, title and interest in and to any and all content that you post or upload to the Site or distribute through Service sufficient to allow for such posting, uploading or distributing (as applicable) and sufficient to grant the rights and licenses granted by you to Twitpay pursuant to this Agreement.  Twitpay may, without prior notice to you, remove from the Site or Service any content that Twitpay, in its sole discretion, believes may infringe upon, or otherwise violate, the Intellectual Property Rights of a third party.  You agree to indemnify and hold harmless Twitpay and its affiliates, vendors and licensors, and their employees, officers, directors and agents from any and all damages, liabilities and expenses (including, without limitation, reasonable attorneys' fees) based upon, or arising out of, your violating the Intellectual Property Rights of another person.

(c)        If you are a copyright owner and you believe that any content posted on the Site or distributed through the Service infringes your rights, you may submit a written notification to us. Pursuant to our rights under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site or the Service.  For purposes of this Agreement, Twitpay's copyright agent is Don Brown.  The agent can be reached at 1-877-RETWEET, via email at info@twitpay.com, or via U.S. Mail at: 2814 Spring Rd. Suite 114, Atlanta, GA 30339.

16.       Termination.  You may terminate this Agreement at any time by (a) terminating your Account, and (b) notifying Twitpay of your intention to terminate this Agreement.  Twitpay may terminate this Agreement or your Account at any time for any reason or for no reason, with or without notice.  In the event you terminate this Agreement or Twitpay terminates this Agreement or your Account, you forfeit all rights to access or use the Service.

17.       Warranty Disclaimer.  THE SITE AND SERVICE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  TWITPAY DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UN-INTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.  The entire risk arising out of use or performance of the Site and Service remains with you.

18.       Limitation of Liability, Indemnity.  IN NO EVENT WILL TWITPAY OR ITS PARENT, SUBSIDIARIES, AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS OR VENDORS (COLLECTIVELY, TWITPAY PARTIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES.  IN NO EVENT SHALL TWITPAY'S LIABILITY, OR THE LIABILITY OF TWITPAY PARTIES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE THE TOTAL FEES RECEIVED BY TWITPAY AS A RESULT OF DONATIONS MADE BY YOU THROUGH THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.  Twitpay shall not be responsible for any interruptions of service, including without limitation, ISP disruptions, mobile carrier disruptions, or any other event which may result in a loss of data or disruption of the service.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.  You hereby agree to defend, indemnify and hold Twitpay Parties harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Twitpay arising out of or related to your use of the Site or Service or any use of your Account. 

19.       Equitable Remedies.  You hereby agree that Twitpay would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Twitpay shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Twitpay may otherwise have available under applicable law. 

20.       Governing Law; Dispute Resolution.  This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.  If there is any dispute about or involving the Site, the Service or this Agreement, you agree to personal jurisdiction by and venue in Cobb, Georgia.  If any dispute involves less than $10,000, either you or Twitpay may elect to have the dispute (except those disputes expressly excluded below) resolved by binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Cobb County, Georgia.  Arbitration shall not be available for (i) any disputes seeking to enforce or protect, or concerning the validity of, Twitpay's intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; or (iii) any claim for injunctive or equitable relief.   Notwithstanding anything to the contrary in this Section 20, Twitpay may bring a claim for injunctive or equitable relief in any court of competent jurisdiction.

21.       Miscellaneous.  This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.  The provisions of this Agreement, except those providing license rights to you or allowing you to use the Site or Service, shall survive the termination of this Agreement for any reason.  If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.