{"id":362,"date":"2020-08-26T04:22:07","date_gmt":"2020-08-26T04:22:07","guid":{"rendered":"https:\/\/goodbuzz.org\/?page_id=362"},"modified":"2020-08-26T04:27:11","modified_gmt":"2020-08-26T04:27:11","slug":"tos","status":"publish","type":"page","link":"https:\/\/goodbuzz.org\/tos\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\n

Terms of Service<\/p>\n\n\n\n

1. Introduction;\nYour Agreement to these Terms of Service<\/p>\n\n\n\n

PLEASE READ\nTHESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the\nservices operated by Giving Forward, Inc. <\/a>(<\/a>together with its affiliate brands, \u201cGiving Forward\u201d\nor \u201cWe\u201d) consisting of the website available at https:\/\/www.Giving Forward.org,\nand its network of other websites, apps, or any other products or services\noffered by Giving Forward (the \u201cGiving Forward Services\u201d). Other services offered\nby Giving Forward may be subject to separate terms if\nsuch terms are presented to you<\/a>.<\/p>\n\n\n\n

When using the\nGiving Forward Services, you will be subject to Giving Forward\u2019s Community\nGuidelines available at https:\/\/www.givingforward.org\/about-giving-forward\/community\/<\/a>\nand additional\nguidelines or rules that are posted on the Giving Forward Services, made\navailable to you, or disclosed to you in connection with specific services and\nfeatures.<\/p>\n\n\n\n

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION\nWAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.<\/a><\/p>\n\n\n\n

If you are having any trouble accessing these Terms of Service or the Giving Forward Services, please contact us at 212-678-2541. Our hours of operations are: 9:00 AM \u2013 5:00 PM Eastern Time<\/a><\/p>\n\n\n\n

You acknowledge\nthat you have read, understood, and agree to be bound by these Terms of\nService. If you do not agree to these Terms of Service, do not access or\notherwise use any of the Giving Forward Services.<\/p>\n\n\n\n

Our Services:<\/p>\n\n\n\n

GIVING FORWARD\nis an online cause marketing platform and publishing platform which as part of\nits mission supports other nonprofits (501c3s) through the donation of a\nminimum of fifty percent (50%) of GIVING FORWARD\u2019s net advertising and\nsponsorship revenue, which is generated as a result of consumption of donated\ncontent and advertising by consumers. Benefiting nonprofits are individually\nselected from a curated list of 501c3s by the content contributors and\nseparately the content consumers. Donation allocation decisions surrounding the\n50% of net advertising revenue<\/strong> is\naccomplished through a points<\/strong> system\nwhere points<\/strong> become the method of\ncalculation for the pro-rata allocation of revenue. A 12 points<\/strong> total per content consumption event is used because\nconsumers and content creators are both given a dashboard to see how many points<\/strong> they have generated as a result\nof content consumption and content creation. For a content consumption event, 6\npoints<\/strong> are allocated to the\nconsumer\u2019s selected nonprofit, while 6 points<\/strong>\nare allocated to the nonprofit selected by the content creator. At the end of\nevery month, after the total advertising revenue for GIVING FORWARD is\navailable for calculation purposes, fifty percent (50%) of net advertising revenue<\/strong> is allocated for distribution to other\nnonprofits based on the points<\/strong>\ndistribution within each nonprofit\u2019s reported totals for said month. GIVING\nFORWARD retains the remaining fifty percent (50%) for operating expenses.<\/p>\n\n\n\n

DEFINITIONS<\/strong><\/p>\n\n\n\n

Net Advertising Revenue<\/strong>: is the revenue received by\nGIVING FORWARD as a result of advertising or sponsorship of content, minus any\ncosts directly associated with obtaining or collecting that advertising and\nsponsorship revenue, with said associated costs including but not limited to\nadvertising sales commissions, sales costs, ad-serving costs or audience\ndevelopment costs.<\/p>\n\n\n\n

Points<\/strong>: are the means and the process used within the GIVING\nFORWARD platform to allocate pro-rata percentages of net advertising revenue<\/strong> to the nonprofits selected by\nreaders\/viewers and content contributors (including interviewees who can be set\nup with their own username\/account). Points are tallied by the GIVING FORWARD\nplatform for pageviews, video views and other visitor activity which generates\nadvertising revenue. If GIVING FORWARD determines, in its sole discretion, that\ntechnical difficulties, malfunction, error, disruption or damage or other\nunforeseen events compromise the administration, security, fairness, integrity,\nproper conduct or viability of the points system, GIVING FORWARD reserves the\nright to void points at issue, and\/or use its sole discretion on how best to\nallocate points to fairly represent the actual consumption of content and advertising\nby bona-fide users\/consumers. <\/p>\n\n\n\n

Content<\/strong>: includes video, audio, graphical, image and written content\nprovided for distribution via the GIVING FORWARD platform or on GIVING FORWARD\nwebsites.<\/p>\n\n\n\n

Username \/ Account<\/strong>: content being posted is tied\nto a username\/account and that username\/account selects a nonprofit from GIVING\nFORWARD\u2019s curated list which may be added to as needed.<\/p>\n\n\n\n

Example.  <\/strong>A celebrity sets up a Username \/ Account<\/strong> and posts an interview on GoodBuzz.org, a web property owned by GIVING FORWARD. GIVING FORWARD generates advertising revenue as a result. Celebrity designates as his\/her nonprofit cause choice a <\/a>popular nonprofit from our curated list. When visitors to GoodBuzz.org watch the video interview which is preceded by advertising and on a page surrounded by advertising, GIVING FORWARD allocates six (6) points<\/strong> to celebrity\u2019s Username \/ Account<\/strong>, associated with the designated nonprofit. The visitors to the GoodBuzz.org site can choose to register their own Username \/ Account<\/strong> and select their favorite nonprofit from our curated list. Six (6) points<\/strong> are generated and added to the visitor\u2019s Username \/ Account<\/strong> if they register and credited to their nonprofit choice, non-registered visitors will have their points allocated to a general fund or the nonprofit selected by the registrant who shared the GoodBuzz.org website with the new visitor. At the end of each month, total net advertising revenues are calculated across all content on GoodBuzz.org and other GIVING FORWARD properties. The pro-rata allocation of advertising revenue is based on the points<\/strong> in the various Username \/ Accounts<\/strong> and the nonprofits selected by account holders.  For further clarification, specifically for the points<\/strong> generated as a result of celebrity\u2019s donated content, revenue would be allocated as follows based on the points<\/strong> process:<\/p>\n\n\n\n

  1. 25% of calculated net advertising revenues<\/strong> to the celebrity\u2019s\nnonprofit choice (because automatically, 6 points of every content consumption\nevent go to the Username \/ Account <\/strong>of\nthe content donor\/provider.<\/li>
  2. 25% of net advertising revenues<\/strong> to the nonprofits the registered visitors\nselected from our curated list, allocated pro-rata based on visitor points<\/strong>. Registrants may select the same\nnonprofit or select one of the other curated nonprofits during the registration\nprocess or change their selected nonprofit as desired. <\/li>
  3. Remaining 50% to GIVING\nFORWARD for operating expenses<\/li><\/ol>\n\n\n\n

    2. Use of Giving\nForward by Minors and Blocked Persons<\/p>\n\n\n\n

    The Giving\nForward Services are not available to persons under the age of 13. If you are\nbetween the ages of 13 and the age of legal majority in your jurisdiction of\nresidence, you may only use the Giving Forward Services under the supervision\nof a parent or legal guardian who agrees to be bound by these Terms of Service.<\/p>\n\n\n\n

    The Giving\nForward Services are also not available to any users previously removed from\nthe Giving Forward Services by Giving Forward or to any persons barred from\nreceiving them under the laws of the United States (such as its export and\nre-export restrictions and regulations) or applicable laws in any other jurisdiction.<\/p>\n\n\n\n

    BY DOWNLOADING,\nINSTALLING, OR OTHERWISE USING THE GIVING FORWARD SERVICES, YOU REPRESENT THAT\nYOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO\nBE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL\nMAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN\nPREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE GIVING\nFORWARD SERVICES.<\/p>\n\n\n\n

    3. Privacy\nNotice<\/p>\n\n\n\n

    Your privacy is\nimportant to us. Please see our Privacy Policy for information relating to how\nwe collect, use, and disclose your personal information.<\/p>\n\n\n\n

    4. Account<\/p>\n\n\n\n

    a. Account and\nPassword<\/p>\n\n\n\n

    To open an\naccount, you will be asked to provide us with certain information such as an\nemail address and password. Your name may or may not be optional<\/p>\n\n\n\n

    You are solely\nresponsible for maintaining the confidentiality of your account, your password\nand for restricting access to your computer. If you permit others to use your\naccount credentials, you agree to these Terms of Service on behalf of all other\npersons who use the Services under your account or password, and you are\nresponsible for all activities that occur under your account or password.\nPlease make sure the information you provide to Giving Forward upon\nregistration and at all other times is true, accurate, current, and complete.<\/p>\n\n\n\n

    Giving Forward\nreserves all available legal rights and remedies to prevent unauthorized use of\nthe Giving Forward Services, including, but not limited to, technological\nbarriers, IP mapping, IP blocking, mobile device ID mapping, mobile device ID\nblocking, and, in serious cases, directly contacting your Internet Service\nProvider (ISP) regarding such unauthorized use.<\/p>\n\n\n\n

    b. Third-Party\nAccounts<\/p>\n\n\n\n

    Giving Forward\nmay permit you to register for and log on to the Giving Forward Services via\ncertain third-party services. The third party\u2019s collection, use, and disclosure\nof your information will be subject to that third-party service\u2019s privacy\nnotice. Further information about how Giving Forward collects, uses, and discloses\nyour personal information when you link your Giving Forward account with your\naccount on any third-party service can be found in our Privacy Notice. Third\nparty services include but may not be limited to Google, Facebook, Twitter,\nLinkedIn, or Amazon.<\/p>\n\n\n\n

     5.  <\/strong>Additional Terms for Users of Apple and Google\nDevices<\/p>\n\n\n\n

     If you\nhave downloaded the service via an Apple or Google store, including the iTunes\nStore or Google Play, the following shall apply: You acknowledge and agree that\nthese Terms of Service are solely between you and Giving Forward, not Apple or\nGoogle, and that neither Apple nor Google has any responsibility for the\nWebsites. Your use of the Website must comply with Apple and Google\u2019s store\nterms and conditions, including Apple\u2019s App Store Terms and Conditions, located\nat http:\/\/www.apple.com\/legal\/internet-services\/itunes\/us\/terms.html<\/a>\nand Google\u2019s Google Play Terms of Service, located at\nhttps:\/\/play.google.com\/intl\/en-us_us\/about\/play-terms\/index.html. You\nacknowledge that Apple and Google have no obligation whatsoever to furnish any\nmaintenance and support services with respect to the Websites. To the maximum\nextent permitted by applicable law, Apple and Google will have no warranty\nobligation whatsoever with respect to the Websites, and any other claims,\nlosses, liabilities, damages, costs or expenses attributable to any failure to\nconform to any warranty will be solely governed by these Terms of Service and\nany law applicable to Giving Forward as provider of the Website. You acknowledge\nthat Apple and Google are not responsible for addressing any claims of you or\nany third party relating to the Website or your possession and\/or use of the\nWebsite, including, but not limited to: (i) product liability claims; (ii) any\nclaim that the iTunes or Google Play-sourced software fails to conform to any\napplicable legal or regulatory requirement; and (iii) claims arising under\nconsumer protection or similar legislation; and all such claims are governed\nsolely by these Terms of Service and any law applicable to Giving\nForward as\nprovider of the Website. You acknowledge that, in the event of any third party\nclaim that the Website or your possession and use of the Website infringes that\nthird party\u2019s intellectual property rights, Giving Forward, not Apple or\nGoogle, will be solely responsible for the investigation, defense, settlement\nand discharge of any such intellectual property infringement claim to the\nextent required by these Terms of Service. You and Giving Forward acknowledge and\nagree that Apple and Google and its and their subsidiaries, are third party\nbeneficiaries of these Terms of Service as relates to your license of the\nWebsite, and that, upon your acceptance of these Terms of Service, Apple and\nGoogle will have the right (and will be deemed to have accepted the right) to\nenforce these Terms of Service as relates to your use of the Website against\nyou as a third party beneficiary thereof. \nYou represent that you are not located in a country that is subject to a\nU.S. Government embargo, or that has been designated by the U.S. Government as\na \u201cterrorist supporting\u201d country; and you are not listed on any U.S. Government\nlist of prohibited or restricted parties.<\/p>\n\n\n\n

    6. Modification\nof these Terms of Service<\/p>\n\n\n\n

    Giving Forward\nmay amend any of the terms of these Terms of Service by posting the amended\nterms. Your continued use of the Giving Forward Services after the effective\ndate of the revised Terms of Service constitutes your acceptance of the terms.<\/p>\n\n\n\n

    7. License<\/p>\n\n\n\n

    The Giving\nForward Services are owned and operated by Giving Forward. Unless otherwise\nindicated, all content, information, and other materials on the Giving Forward\nServices (excluding User Content, set out in Section 8 below), including,\nwithout limitation, Giving Forward\u2019s trademarks and logos, the visual\ninterfaces, graphics, design, compilation, information, software, computer code\n(including source code or object code), services, text, pictures, information,\ndata, sound files, other files, and the selection and arrangement thereof\n(collectively, the \u201cMaterials\u201d) are protected by relevant intellectual property\nand proprietary rights and laws. All Materials are the property of Giving\nForward or its subsidiaries or affiliated companies and\/or third-party\nlicensors. Unless otherwise expressly stated in writing by Giving Forward, by\nagreeing to these Terms of Service you are granted a limited, non-sublicensable\nlicense (i.e., a personal and limited right) to access and use the Giving\nForward Services for your personal use or internal business use only.<\/p>\n\n\n\n

    Giving Forward\nreserves all rights not expressly granted in these Terms of Service. This\nlicense is subject to these Terms of Service and does not permit you to engage\nin any of the following: (a) resale or commercial use of the Giving Forward\nServices or the Materials; (b) distribution, public performance or public\ndisplay of any Materials; (c) modifying or otherwise making any derivative uses\nof the Giving Forward Services or the Materials, or any portion of them; (d)\nuse of any data mining, robots, or similar data gathering or extraction\nmethods; (e) downloading (except page caching) of any portion of the Giving\nForward Services, the Materials, or any information contained in them, except\nas expressly permitted on the Giving Forward Services; or (f) any use of the\nGiving Forward Services or the Materials except for their intended purposes.\nAny use of the Giving Forward Services or the Materials except as specifically\nauthorized in these Terms of Service, without the prior written permission of\nGiving Forward, is strictly prohibited and may violate intellectual property\nrights or other laws. Unless explicitly stated in these Terms of Service,\nnothing in them shall be interpreted as conferring any license to intellectual\nproperty rights, whether by estoppel, implication, or other legal principles.\nGiving Forward can terminate this license as set out in Section 14.<\/p>\n\n\n\n

    8. User Content<\/p>\n\n\n\n

    Giving Forward\nallows you to contribute, post, or distribute content in several forms\nincluding but not limited to:<\/p>\n\n\n\n