Green Our Planet, LLC
Last Updated /Effective Date: June 1, 2015
You agree to use GoP’s Services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You further agree not to stalk or harass other Users. You agree that any content you provide to GoP’s website (the “Site”) or other users is your own content and does not violate any copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights. You understand that GoP does not monitor all of the Users or all the content that Users provide to the Site or to other Users, but GoP reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the Site or to any of the Users. You agree not to hack into or intentionally upload any malicious computer code to the Site, or intentionally transmit such things to other Users.
THE SITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE.” GoP, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. GoP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF GoP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
Section 1: Definitions
- “Campaign Profile Blog” shall mean a written chronicle of the beginning of a Green Project until completion, including but not limited to notes, photos, and/or videos that are posted on the Site.
- “Charge Back Transaction” shall mean a transaction that 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.
- “Content” shall mean text, graphics, button icons, images, audio clips, software, arrangement, and assembly of all aforementioned items created for this Site.
- “Contribution” shall mean a donation to a Green Project.
- “Contributors” shall mean the person or entity giving the donation to the Green Project.
- “Fully Funded” shall mean achieving the total amount asked by the Project Creator or an amount GoP and the Project Creator mutually agree upon.
- “Funding Period” shall mean the active funding period occurring once the Green Project is approved by GoP and listed on the Site and ending once the Green Project is either (i) Fully Funded or (ii) GoP determines, in GoP’s sole discretion, that the Green Project will not meet its funding goals in a reasonable time.
- “Green Projects” shall mean projects, as determined by GoP in GoP’s sole discretion, that are committed to the conservation of natural resources, the production and discovery of alternative energy sources, the implementation of clean air and water projects, and/or other environmentally conscious practices.
- “Gross Error Transaction” shall mean a transaction that occurs when then credit cardholder/donor makes a transaction for an amount grossly different than the intended amount. For example, if a Contributor makes a $10,000.00 donation when the Contributor intended to make a $10.00 donation. A Gross Error Transaction DOES NOT include Contributions: (i) made to the wrong organization or fundraising page, (ii) containing an incorrect name, dedication, or designation, or (iii) any other non-financial reason.
- “Project Application” shall mean a fundraising campaign submitted to GoP for approval, but that has yet to receive final approval for GoP.
- “Project Agreement” shall mean the mutually assented bargain between a Project Creator and GoP.
- “Project Creators” shall mean the organization, nonprofit, or individual who is seeking Contributions for their Project.
- “User Content” shall mean matter created by the Users.
Section 2: Who is Green Our Planet?
GoP is a non-profit, 501(c)(3) corporation. GoP connects vetted, well-planned, micro-green projects with the support they need. GoP raises public awareness about environmental issues and problems and builds partnerships to help solve environmental problems. In GoP’s online marketplace, Users with limited resources can describe their Project Applications, while other Users can explore the Site, find meaningful projects, and make a donation. GoP makes no representations about the quality, safety, morality, or legality of any Green Project or Contribution or the truth or accuracy of User Content posted on the Site. GoP does not represent that Project Creators will deliver the finalized Green Project or that Contributions will be used as described in the Green Project. Users consume the Services at their own risk.
Section 3: Eligibility
By accessing the Site, the User represents and warrants that they (i) are either at least 18 years old or visiting the Site under the supervision of a parent or guardian and (ii) agree to these Terms. GoP reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove, or suspend any Green Project, Contribution, or the Services at any time for any reason without liability.
Section 4: Project Creators
Project Creators submit Project Applications to GoP. If GoP approves the Project Application, the Project Application becomes a Green Project and Contributors may make donations to fund the Green Project. GoP reserves the right to deny any Project Application for any reason, without notice.
GoP will review all applications in a timely fashion, usually within 2 (two) weeks. If an application is not approved, GoP will notify the Project Creator and may, if appropriate and in GoP’s sole discretion, communicate suggestions to improve the Project. Applications are evaluated and approved at GoP’s sole discretion.
GoP is not committing or guaranteeing to provide Project Creators the funds that the Project Creators will need to execute their Green Project. GoP will only commit, subject to the terms of the Project Agreement and applicable law, to distribute funds collected on the Site that a Contributor has expressly directed to the Project, however, should the Contribution or Green Project impact GoP’s non-profit status in any manner, GoP shall decline the Green Project and/or the Contribution. GoP shall have absolute discretion over disbursement of any Contribution. Any such distribution of funds will occur on a schedule determined by GoP.
If the Project Application is approved and the Green Project is posted on the Site:
- The Funding Period for the Project will immediately begin.
- To the extent that GoP ends the Funding Period without the Green Project being Fully Funded, any Contributions to the Green Project may still be submitted to the Project Creator to put towards the funding of that Green Project at GoP’s discretion.
- Such Contributions may only be used towards the approved Green Project. If the Green Project will not be pursued, the Project Creator must return the Contributions to GoP.
Project Creator Representations and Warranties
By submitting a Project Application to the Site, the Project Creators agree to complete the project to the best of the Project Creators’ ability.
By submitting a Project Application, a Project Creator is entering into a legal agreement with GoP. The terms of this agreement are subject to change in GoP’s sole discretion. Once a Project Creator clicks “Submit” for their Project, they represent and warrant:
- the activity described in the Project is legal and all information provided is accurate;
- the Project Creator has full rights to all aspects of the Project;
- the Project Creator understands that GoP can withhold or retract funds at any time if GoP believes such funds are being misused;
- the Project Creator does not have authority to act on behalf of, speak for, or obligate GoP in any manner, except to use authorized GoP online tools and materials to raise funds through the Site; and
- all information provided in the application, including information about the Project Creator and the Project, is true as of the date that the application is submitted.
Further, if the Project Creator is a public charity as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, the Project Creator represents, warrants, and agrees that:
- the Project Creator is fundraising on the Site solely at the Project Creator’s own volition as an independent volunteer and that the Project Creator will not be compensated by any party for fundraising activities conducted on the Site;
- the Project Creator shall accurately promote any charity events or activities in accordance with these Terms;
- User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party;
- the Project Creator shall not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms.
Project Creator Responsibilities
Project Creators shall respond promptly and truthfully to all questions posed to them by GoP or any Contributor. If any Project Creator is unable to fulfill any of its commitments to Contributors, the Project Creator shall work with the GoP to reach a mutually satisfactory resolution. Project Creators will comply with all applicable laws and regulations in the use of Contributions. Project Creators are responsible for collecting and remitting any taxes on Contributions.
GoP may attempt to verify the identity and other information provided to by Project Creators, and GoP may delay, withhold, reverse, or refund any Contributions without notice or liability in the event GoP is unable to verify any such information to GoP’s satisfaction.
Project Creator Covenants
Project Creators shall abide by the following rules:
- Project Creators are not permitted to use the Site to raise funds for illegal activities, to cause harm to people or property, or to scam others;
- Project Owners shall not make any false or misleading statements in connection with their Projects;
- Project Creators shall only upload Project Applications that the Project Creator believes satisfies GoP’s definition of Green Projects;
- Project Creators shall not list any services unrelated to the Green Project;
- Project Creators shall not operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise; and
- Project Creators shall not provide any of the following as an incentive or otherwise in consideration:
- Any form of “Security” (as defined in the Securities Act of 1933);
- any form of profit sharing or financial incentive;
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
- any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
- If a Project receives any Contribution, the Project Creators shall:
- Keep records and receipts of how the Contribution was used and submit these to GoP along with a final report of expenses;
- maintain a Campaign Profile Blog; o make a good faith effort to communicate with other Users and Contributors that interact with your profile, in furtherance of supporting and growing the GoP community;
- write thank-you notes or letters to the Contributors who supported the Green Project within 30 calendar days of completion of the Green Project and send the notes or letters to GoP; and
- In creating and maintaining a fundraising page on the Site, the Project Creator shall grant a perpetual, non-exclusive, royalty-free license to GoP to display the Content on the fundraising page for the exclusive purpose of promoting the Green Project and the Contributions made on the Site. Project Creators further grant to GoP the right to sublicense the Content to volunteer fundraisers solely for the limited purpose of using the Content to highlight the charity on the fundraising page, including the right to access, display, view, store, and/or download the Content, and post or forward the Content to others. The foregoing license does not provide GoP any rights to sell or license any Content therein to any other third parties, use the Content for any other media, and/or use the Content for advertising and promotion of GoP.
Section 5 - Contributors
Contributors are solely responsible for asking questions and investigating Project Creators and Green Projects to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. GoP does not guarantee that Campaigns will be completed as described, as unforeseen events may occur, and Contributors realize that some Projects will not come to fruition. GoP does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, or legality of any Green Project or Contribution, or the truth or accuracy of User Content. Contributors are solely responsible for determining how to treat their Contributions for tax purposes.
Contributors understand that GoP has ultimate discretion to determine whether or not to release Contributions. If GoP decides to release Contributions, 97% of the Contributions are distributed to the Project Creator, and 3% are retained to pay GoP’s credit card processors. GoP may ask the Contributor for an additional donation. Such donation is optional and the additional amount is expressly used for GoP’s operational purposes, the additional donation is tax-deductible.
The Contributors represent and warrant:
- they have done the requisite research on the Green Project and Project Creator;
- the Contributor’s Contribution is going to GoP, who may or may not disburse the funds at the end of the Funding Period; and
- the Contributor understands the final Green Project may differ from the proposed scope presented on the Site.
Making a Contribution shall not:
- give the Contributor any ownership rights;
- give the Contributor any distribution rights;
- create any liability or responsibility on the part of GoP; or
- guarantee the Contributions will be delivered to the Project Creator.
Section 6: Disputes between Project Creators and Contributors
Project Creators are bound under these Terms to perform on any promise and/or commitment to Contributors. If a Project Creator is unable to perform on any promise and/or commitment to Contributors, the Project Owner will notify GoP as soon as such inability is readily apparent. GoP may determine how to solve the failure, including having the Project Creator give notice to Contributors of the failure and the agreed upon resolution. In the event of any dispute, such as a Project Creator’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Project, GoP may provide the Project Creator’s contact information to the Contributor so that the two parties may resolve their dispute.
Section 7: Registered Charities and Contributions
The Site contains Project Creators that may be a charity or other qualifying tax-exempt organization. Donations made on the Site in support of registered charities, projects of registered charities, or charity fundraisers are complete and final charitable gifts to GoP and are not refundable.
Section 8: Refunds
In accordance with IRS regulations, GoP enforces a strict “No Refunds” policy for Contributions. However, GoP recognizes circumstances wherein reversal of transactions may be necessary. These include Charge Back Transactions and Gross Error Transactions.
GoP will provide supporting documentation in an effort to resolve the Charge Back Transaction case in favor of GoP. However, if GoP is unable to resolve such cases and the case is referred to pre-arbitration, GoP will accept the alleged Charge Back Transaction. In such cases, GoP may not distribute any funds to the affected Project Creator. If the Charge Back Transaction funds have already been distributed to a Project Creator, no attempt will be made to compel such Project Creator to return the funds.
Gross Error Transactions may result in a refund. GoP retains sole authority to determine the exact criteria of a Gross Error Transaction. A Gross Error Transaction refund will only be considered if GoP has not yet distributed the funds to the Project Creator. Once funds are distributed to the Project Creator, the Contributor should contact the Project Creator in order to attempt to correct the error.
Section 9: Contributions to Private Individuals/Companies
Section 9: General Provisions
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may make a Contribution on the Site. A third party may not use the Contributor’s card information or enter donations on behalf of the Contributor. This practice is known as “credit card laundering” and violates credit card usage agreements. GoP may report any such abuses to the appropriate authorities.
All Content shall belong to GoP. The Content is protected by U.S. and international copyright laws. GREENOURPLANET.ORG, GREEN OUR PLANET, “FUNDING GREEN PROJECTS AROUND THE WORLD” and other logos, slogans, trade names, or words are trademarks or service marks of GoP (“GoP Marks”). The use of any of GoP Marks without the express written consent of GoP is strictly prohibited. Such prohibited use includes, but is not limited to, usage: (i) in connection with any product or service in any way that is likely to cause confusion, (ii) in any manner that disparages or discredits GoP, and (iii) in meta tags. Except as expressly permitted in these Terms, all Users agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the tools and/or any Content, without express written permission from GoP.
Hold Harmless and Indemnity
All use of the Services and all access to the Site is entirely at the Users’ risk. All Users hold harmless and indemnify GoP from and against any third-party claim arising from or in any way related to use of the Services or the Site, 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
Clicking on certain links contained on the Site may take you to other websites. These websites are not maintained by GoP, and therefore GoP disclaims any liability for the content of them.
GoP reserves the right to modify or terminate the Services or the Site for any reason, and without notice or liability. GoP also reserves the right to modify these Terms with concurrent notice on the Site. Users are responsible for regularly reviewing these Terms. Continued use of the Site following any changes to these Terms is an agreement to the changes and all Users are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable, a User must cease use of the Site.
Term and Termination
These Terms apply to use of the Services at all times. Users may terminate under these Terms at any time by deleting their fundraising page or by emailing firstname.lastname@example.org. GoP may terminate any access right to the Site at any time and for any reason. Upon termination or expiration of these Terms, a terminated User’s obligations and GoP’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and miscellaneous provisions survive, but the terminated User’s right to use the Site immediately ceases.
GoP reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, and/or suspend or terminate any access to all or a portion of the Site and/or remove any registration information or User Content from the GoP Site, for any reason (including breach of any of the provisions of these Terms).
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersede 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 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.
Users may not assign, sublicense, or otherwise transfer any right or obligation set forth herein without GoP’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. GoP may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.
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 Users 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 Nevada without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Site shall be litigated or otherwise heard in the state courts located in the Southern District of Nevada and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
This Project Agreement contains all the terms agreed upon between the parties, and no other agreement, oral or otherwise, regarding the subject matter of this Project Agreement shall be deemed to exist or to bind any of us, or to vary any of the terms contained herein.
For questions about these Terms please contact us at: email@example.com