UNITED STATES TERMS OF SERVICE
Last modified July 1st 2016
1. Changes to This Agreement.
Except with respect to Section 15 (Mandatory Arbitration), Doni reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement at any time; provided, however, that Doni will use reasonable efforts to provide you with notification of any material changes, as determined in Doni’s sole and absolute discretion, by email, postal mail, website posting, pop-up screen, or in-service notice. You should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
2. Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Doni grants to you a non-exclusive, non-transferable, revocable, limited license to use the Service for your personal, non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the materials you create for the Service or otherwise submit therein (hereafter referred to collectively as “Content”) except as specifically allowed in this Agreement.
2.2. Doni may change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. Doni may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
2.3. You agree to be bound by any application, tool, or content-specific rules published within the Service.
2.4. Your use of the Service is conditioned upon your compliance with this Agreement and any use of the Service in violation of this Agreement will be regarded as an infringement of Doni’s copyrights in and to the Service. Doni reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at Doni’s sole discretion.
2.5. You may become an entry-level member of the Service at no cost. As an entry-level member you will have the ability to participate in some, but not all, of the features and services available within the Service, either now or in the future. In order to access certain features and services, either now or in the future, you must pay a fee for a higher level of membership. Doni may change the fees charged or the features available at any membership level at any time.
2.6. You understand that the Service is not directed at individuals under the age of 13 and that individuals under the age of 13 are prohibited from using the Service.
2.7 In consideration of your visiting and using the Service, you represent that you are able to form a binding contract. Individuals using the Service who are under the age of 18 or under the age of majority in their state if said age of majority is greater than 18, represent that their legal guardian has reviewed and agreed to be bound by this Agreement on their behalf.
2.8. You acknowledge that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGuardOnline (http://www.onguardonline.com/). Please note that Doni is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
3. Ownership of Intellectual Property.
3.1. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, and/or licensed by Doni and/or its licensors and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Doni, and the Doni logos, are trademarks of Doni and may not be used without the express prior written permission of Doni.
3.2. You agree to include, and to not remove or alter, Doni’s trademark, copyright or other proprietary rights notices, as provided by Doni on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by Doni from time to time. You agree that all goodwill that arises in connection with your use of Doni trademarks inures exclusively to Doni, and you agree not to challenge Doni’s ownership or control of any Doni trademarks, nor use or adopt any trademarks that might be confusingly similar to such Doni trademarks.
3.3. You do not acquire any ownership rights by using the Service, or downloading material from or uploading material to the Service.
3.4. You agree not to copy, redistribute, circulate, publish or otherwise exploit material from the Service without the express prior written permission of Doni, except as expressly permitted herein.
3.5. You hereby grant to Doni an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicensing rights, to use all comments, feedback, blog or forum statements, postings, profile information, suggestions, ideas, artwork, stories, photos and other submissions disclosed, submitted, or offered to Doni in connection with your use of the Service, including without limitation by email to Doni (collectively, “Submissions”) in any manner whatsoever Doni may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limiting the foregoing, you agree that unless otherwise prohibited by law, Doni may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without permission, without compensation to you and without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights of privacy or publicity.
3.6. “Your Information” is defined as any information you provide to Doni or other users or to which you provide Doni or other users access: in the registration or transaction process (including without limitation your name, photograph, or any other identifying information); in any Public Areas (as defined below), and other public forums, including discussion boards, comment and question and answer areas as well as your user profile and in-Service messages (including those between users); through any e-mail feature; or through any other feature of the Service. You hereby irrevocably and unconditionally grant and assign to Doni free of charge a non-exclusive, perpetual, royalty-free, worldwide, irrevocable, with unlimited sublicensing rights, and transfer rights, a license, and permission (but not the obligation), in all forms and media, whether now known or hereafter devised, to exercise all rights you have in Your Information (including without limitation to use, adapt, reproduce, distribute, edit, exhibit, publicly display, publicly perform, and publish your name and photograph) at any time now or hereafter, in connection with providing the Service. You hereby waive any right you may have to inspect or approve the materials that may be used in connection with your name and/or photograph, or the uses made of Your Information in connection with providing the Service. You hereby waive and release any claims you may have against Doni for any damages, costs or liabilities you incur from Doni’s use of Your Information, including but not limited to damages caused by any distortion, alteration, optical illusion or composite use, whether intentional or otherwise, that may occur in making, processing, duplicating, distributing or displaying Your Information.
4. Posting On Other Web Sites.
4.1. Subject to your acceptance of and compliance with this Agreement, Doni grants to you a non-exclusive, non-transferable, revocable limited license to post a screen shot from your account, and any other materials that Doni specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (a) is not commercially competitive to Doni, (b) does not criticize or injure Doni, (c) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (d) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Doni’s rights and remedies are expressly reserved, and Doni may revoke this limited license, in whole or in part, upon notice.
4.2. You are granted a limited, nonexclusive right to create a “hypertext” link to the Service provided that such link is to the entry page of the Service (or your personal registry page within the Service), and is not a deep link and does not portray Doni or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. Doni may revoke this limited right at any time for any reason whatsoever and at Doni’s sole discretion. You may not use, frame, or utilize framing techniques to enclose any Doni trademark, logo or trade name or other proprietary information including the images found at the Service, the content of any text or the layout/design of any page or any form contained on a page without the express prior written consent of Doni.
5. Public Areas.
The Service may feature various community areas and other public forums, including but not limited to blogs, member communities, or donation pages (the “Public Areas”). If you use a Public Area of the Service, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the Public Areas or other areas of the Service. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. The Doni Parties (as defined herein) reserve the right to, but are not obligated to, record any dialogue or exchanges in the Public Areas of the Service. The Doni Parties are not responsible for any actions taken, or for their failures to take action, with respect to the Public Areas of the Service or any Submissions. As with any public forum on any website, the information you post may show up in third-party search engine results.
You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person will have access to your Service password or account. Without limiting the foregoing, it is your sole responsibility to (a) control the dissemination and use of any user name, login code and password; (b) authorize, monitor, and control access to and use of your Service account and password; and (c) promptly inform Doni of any need to deactivate a password. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You grant Doni and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
7. Usage Rules.
As a condition of your use of and access to the Service, you agree to comply with any application or content-specific rules published within the Service as well as the following usage rules, which Doni may modify or supplement in its discretion from time to time. You agree that your activities on the Service will not:
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
- use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
- distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
- cover or obscure any notice, legend, warning, banner or advertisement contained on the Service;
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
- sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for real currency or items of monetary value;
- violate any applicable law, including without limitation any applicable export laws;
- harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;
- infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
- be objectionable, obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by Doni in its sole discretion;
- further any chain letters or pyramid schemes;
- deliberately mislead anyone as to your identity, impersonate any person, including but not limited to other community members or employees of Doni, or falsely identify the source of any Submissions by manipulation, forgery, or any other means;
- allow another person or entity to use your identity in order to access the Service or post or view Submissions;
- post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
- engage in conduct deemed by Doni to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a Public Area (as defined above), posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing Doni or another to any liability or detriment of any kind;
- engage in cheating or any other activity deemed by Doni to be in conflict with the spirit or intent of the Service;
- post, distribute, transmit, or promote illegal content;
- post, provide, transmit, or otherwise make available any information (such as confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
- solicit site users for any purposes other than those for which the Service was created;
- transfer your Doni account to anyone else, neither for a fee nor any other reason;
- scrape or crawl the information or data on the Service; or
- violate the terms of service of Facebook, Twitter or any other third-party site or channel by which you access the Service.
8. Privacy and Protection of Personal Information.
9. Disclaimers; Limitations; Waivers of Liability.
9.2. THE DONI PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT (INCLUDING WITHOUT LIMITATION ANY DESCRIPTION INCORPORATED INTO ANY USER SUBMITTED PAGE, EITHER WRITTEN BY DONI OR ANY USER OF THE SERVICE) WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY.
9.3. THE DONI PARTIES DO NOT ENDORSE OR WARRANTY ANY DONOR OR DONEE PAGE OR THE INFORMATION CONTAINED THEREIN OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. THE SERVICE HEREUNDER IS DESIGNED FOR FACILITATING THE CONNECTION AND FINANCIAL RELATIONSHIP OF DONORS AND DONEES. THE DONI PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY DONOR/DONEE OR USER/THIRD PARTY ESCROW ACCOUNT RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN ANY USER OF THE SERVICE.
9.4. THE DONI PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE DONI PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT DONI IS LIABLE, THE PARTIES AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE DONI PARTIES WOULD BE LIABLE TO YOU FOR, IS $50. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL THE DONI PARTIES BE LIABLE TO YOU FOR MORE THAN $50.
9.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
You forever release, discharge, and covenant not to sue the Doni Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Doni Parties, or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you agree that you cannot sue the Doni Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service.
You agree to defend, indemnify and hold harmless the Doni Parties from and against all liability, claims, actions and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement.
12. Objectionable Content/Copyright Takedowns.
12.1 If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact Doni promptly so Doni can evaluate the claim and take appropriate action.
12.2 If your complaint includes a claim of copyright infringement, please follow the following directions to file a notice to take down copyrighted works:
It is Doni’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on the Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Doni will also terminate a user's account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention: Ronald Verbrugge
374 Congress Street, Ste. 204
13. Third Party Sites and Products.
13.2. Without limiting the foregoing, if you use Facebook, Twitter, or any other third-party channel to access the Service, you may be granting such third-party channel the right to share your e-mail address or other personally identifiable information. You should review the privacy policies of such third-party channels to ensure that such policies are acceptable to you.
13.2 You acknowledge that your payments in connection with the Service will be made by submitting payment directly to the registered initiator or the initiator's representative via a third party payment service, and therefore Doni is not responsible for tax liabilities, lost payments, fraud, identity theft, refunds, or any other liability accruing from a payment transaction through a third party. Doni provides integrations with third party payment services which allow users to send funds to other Doni users. You acknowledge that Doni solely directs users to these third party payment services; Doni is not responsible for payments made or received through these services. Doni does not provide receipts for any transaction and cannot be liable for any mistakes made by the third-party payment service. Any use of third party payment services by users will be subject to the third party payment provider’s terms and conditions. Doni may collect transaction fees from the user and pay transaction fees directly to third-party payment services.
14. Governing Law and Injunctive Relief.
14.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
14.2. You acknowledge that the rights granted and obligations made hereunder to Doni are of a unique and irreplaceable nature, the loss of which will irreparably harm Doni and which cannot be replaced by monetary damages alone so that Doni will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
15. Disputes; Mandatory Arbitration.
15.1. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Doni agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. You will send your notice to Doni, Inc.; 374 Congress Street, Ste. 204, Boston, MA 02110, USA
15.2 If you and Doni are unable to resolve a Dispute through informal negotiations within 30 days, either you or Doni may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The decision and all other matters related to any arbitration between you and Doni must be kept expressly confidential between only you and Doni.
15.3. Notwithstanding the above, you and Doni agree that arbitration will be limited to the Dispute between Doni and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
15.4. Notwithstanding the above, you and Doni agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Doni’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The failure of Doni to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Doni’s right to assert or rely upon any such provision or right in that or any other instance.
You and Doni agree that if any portion of this Agreement, except any portion of Section 15, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 15 is found to be illegal or unenforceable then neither you nor Doni will elect to arbitrate any Dispute falling within that portion of Section 15 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and Doni agree to submit to the personal jurisdiction of that court.
19. Service for U.S. Users Only.
Doni operates and controls the Service from its offices in the United States. Doni makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Doni to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials and your actual account obtained from the Service. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Doni if, in Doni’s sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Doni’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, Doni retains all rights to the Submissions pursuant to this Agreement. Any provision of this Agreement that contemplates performance or observance subsequent to termination, including, without limitation, all provisions with respect to releases, limitations on liabilities, and indemnification, will survive its termination and continue in full force and effect. You may not assign this Agreement without Doni’s prior written consent. This Agreement contains the entire understanding and supersedes all prior understandings between you and Doni concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Doni’s request, you will furnish Doni any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Doni by virtue of Donit having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
21. Statute Of Limitations.