Effective July 22, 2014
In these Terms, we refer to those raising funds as "Project Owners" and to their fundraising projects as "Projects." We refer to those contributing funds as "Donors" and to the funds they contribute as "Donations." Project Owners, Donors and other visitors to the Service are referred to collectively as "Users."
Eligibility to Use the Service
You are not eligible to use the Service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Project at any time for any reason without liability.
Project Owners are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If you know that your Project is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Project, offering Give Backs and using Donations.
Prohibited Give BacksProject Owners are not permitted to offer or provide any of the following as a Give Back:
any form of capital, equity or other similar ownership interest in a company or venture;
any form of financial incentive;
alcohol or any other controlled substance;
weapons, ammunition, and related accessories;
any form of lottery or gambling;
items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person's rights if you were to distribute it.
Perception Funding is not a place for hatred, abuse, disrespect, profanity, meanness, harassment, or spam. Do not:
use the Service to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
spam the comments sections or other Users with offers of goods and services or inappropriate messages;
engage in any activity that interferes with or disrupts the proper working of the Service or any activities conducted on the Service; or
take any action that imposes, in Perception Funding’s sole discretion, an unreasonable load on Perception Funding's infrastructure.
We reserve the right to remove Projects and terminate User accounts for such activities.
Disputes between Project Owners and Donors
Project Owners are legally bound to fulfill any Give Backs. Perception Funding is under no obligation to become involved in disputes between Project Owners and Donors, or users and any third party. In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Give Back, we may provide the Project Owner's contact information to the Donor so that the two parties may resolve their dispute.
Your Account Information
All of your registration information must be accurate and truthful. You agree to notify Perception Funding immediately if you discover that your User account has been used without your authorization or there has been any other breach of your User account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.
As a Project Owner, you are permitted to offer Give Backs to Donors. You shall meet all commitments you make in your Project including, but not limited to, delivering all Give Backs you offered with your Project. You will respond promptly and truthfully to all questions posed to you by Perception Funding. If you are unable to fulfill any of your commitments (including delivering any Give Backs), you will work with the Donor to reach a mutually satisfactory resolution, which may include refunding their Donation. You will comply with all applicable laws and regulations in your use of Donations and delivery of Give Backs. You are responsible for collecting and remitting any taxes on Donations, and any taxes due in connection with your Give Backs. Perception Funding may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
Use of Funds Policy:
We desire to serve our ministry partners exceptionally through our services in order to help them share the gospel and grow the kingdom of God. We understand at times ministries and projects under our 501c3 will fail, be under-funded or the individuals leading ministries or projects will have an unexpected life change. For these reasons, we have a “Use of Funds Policy” in order to best steward funds that would be otherwise sitting unused for years.
All funds that go through Perception Funding are temporarily restricted. This means that the donations can be used for a particular purpose for a specified period, or it must support a specific project or ministry. When the designated time period or the project/ministry are over, unused funds become unrestricted.
Here’s how temporarily restricted funds work specifically:
If a ministry or project ever ceases to exist the remainder of the funds will go to further the mission of Perception Funding. Ceasing to exist occurs when all staff, leaders or missionaries of a project or ministry leave ministry altogether or leave to work in a un-related field of ministry. Funds will be transferred from the ministry or project account the month that the staff, leaders or missionaries of a project or ministry leave the ministry or project.
If a ministry or project account is inactive for 12 months the balance will go to further the mission of Perception Funding. Inactive is defined by there being no project or ministry related expenses and no set goals or plan with Perception Funding.
Our vision with this policy is to remain flexible and always help our Ministry Partners and projects figure out what is best for them and the people they serve. We will always help our Ministry Partners with the transition process and help communicate transparently with their donors.
As a Donor, you are solely responsible for asking questions and investigating Projects to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. Perception Funding doesn't guarantee that Donations will be used as promised, that Project Owners will deliver Give Backs, or that the Project will achieve its goals. Perception Funding does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Give Back or Donation, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Donation and receipt of any Give Back for tax purposes. In the event you are issued a refund on your Donation because of our inability to disburse funds to a Project Owner, you will no longer be entitled to delivery of any Give Back associated with your Donation.
Fees and Payments
Setting up an account on the Service is free. We do not charge fees to Donors, but we do charge fees to Project Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here https://www.givetransform.org/faq. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Projects launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Donations are usually made via credit card or PayPal. We are not responsible for the performance of Paypal or any 3rd party credit card processing services.
Donations, along with our fees and charges, are not refundable.
Your taxing authorities may classify funds you raise on Perception Funding as taxable income to you and any beneficiary who will receive funds directly from your Project. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Project so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Project so that you understand and prepare for the tax obligations you may incur from the funds you raise.
Your User Content
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). You grant Perception Funding and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Service and our related marketing and promotional activities. As between you and Perception Funding, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
If you are a Project Owner that accepts PayPal or a Donor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.
You agree to defend, indemnify and hold harmless Perception Funding, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. Perception Funding may assume the exclusive defense and control of any matter for which you have agreed to indemnify Perception Funding and you agree to assist and cooperate with Perception Funding in the defense or settlement of any such matters.
Perception Funding has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
Perception Funding (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO PERCEPTION FUNDING FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PERCEPTION FUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Perception Funding without restriction or consent.
You agree that: (i) the Service shall be deemed solely based in Missouri (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Perception Funding, either specific or general, in jurisdictions other than Missouri. This Agreement shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles.
Project Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Project Owners to connect with Donors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree Perception Funding may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our products and services. However, to avoid future misunderstandings when new products, services and features developed internally by Perception Funding employees might be similar or even identical to a submission received by Perception Funding, the following Perception Funding policy applies to all third party submissions to Perception Funding of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Perception Funding shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
These Terms are the entire agreement between you and Perception Funding regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Perception Funding's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Perception Funding may alter these Terms at any time, so please review them frequently. If a material change is made, Perception Funding may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at Perception Funding's sole discretion, in good faith, and using common sense and reasonable judgment.
DMCA Notice and Complaint of Intellectual Property Infringement other than Copyright
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") or that any User Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify Perception Funding's Support Department at email@example.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing ("Notice of Infringement"):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complainant").
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Perception Funding to locate the material.
Information reasonably sufficient to permit Perception Funding to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
A statement that the Complainant 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our DMCA Agent ("Designated Agent") by mail and email to the following addresses:
Perception Funding, INC Attention: Support Department PO BOX 480213 Kansas City, MO 64146 Telephone & Fax: 913-259-4483 Email: firstname.lastname@example.org
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
a physical or electronic signature of the owner or authorized user of material;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person.
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Perception Funding, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Service.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution.
In accordance with the DMCA and other applicable laws, Perception Funding has adopted a policy of terminating, in appropriate circumstances and at Give Tranform's sole discretion, repeat infringers.
No Legal AdviceNothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.
All subpoenas must be properly served on Perception Funding, preferably by mailing the subpoena to Jonathan Klee, our registered agent. Please find below the address for Perception Funding
Perception Funding, INC PO BOX 480213 Kansas City, MO 64146 Attention: Jonathan Klee, Perception Funding, INC - Subpoena
If you have a subpoena to serve on Perception Funding, please note that Perception Funding does not accept service via e-mail or fax and will not respond to the subpoena.