“Campaign” means a cause, goal, or event for which IHF seeks donations through the Services. “Campaign Challenge” means a program through which a Donor commits a certain amount of donations to one or more Campaigns selected by the Donor or It’s Humanity Foundation. “Donor” means an individual or organization who donates to a Campaign or Campaign Challenge. “Members” means Donors and other users of the Services.
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these Terms. If It’s Humanity Foundation has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
3. Additional Terms and Policies
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
5. Donor Information
You are required and agreed upon to provide us with accurate, complete, and current information about yourself. By registering, you agree that you are fully responsible for all activities that occur under your user name. We may assume that any communications we receive under your account have been made by you. You are responsible for notifying us email@example.com if you become aware of any unauthorized use of your information. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. It’s Humanity Foundation will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by It’s Humanity Foundation LaunchGood or a third party due to someone else using your information.
6. Intellectual Property and Other Proprietary Rights
The Services are owned and operated by It’s Humanity Foundation and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by It’s Humanity Foundation and its partners, as well as other sources, and is protected by Peoples’ Republic of Bangladesh copyright laws, trademarks, service marks and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by It’s Humanity Foundation and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of It’s Humanity Foundation and such others. You agree to protect the proprietary rights of It’s Humanity Foundation and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by It’s Humanity Foundation or its partners and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify It’s Humanity Foundation immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and It’s Humanity Foundation, at all times be and remain the sole and exclusive property of It’s Humanity Foundation.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. It’s Humanity Foundation may revoke this license at any time, in its sole discretion.
8. Prohibited Uses
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
- Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, or create derivative works from any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or expressly provided by It’s Humanity Foundation;
- Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser;
- Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody; Solicit personal or sensitive information from other users for purposes not permitted by these Terms;
- Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
- Frame, inline link, or similarly display the Services or any portion of the Services; or
- Interfere with any other party’s use and enjoyment of the Services.
Without limiting the foregoing, It’s Humanity Foundation represent and warrant that
- all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Member or other user;
- all donations contributed to a Campaign will be used solely as described in the Campaign. DONORS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY CAMPAIGN. WE ENCOURAGE DONORS TO USE THEIR DISCRETION WHEN SUPPORTING CAMPAIGNS.
2. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and It’s Humanity Foundation will have no liability or responsibility with respect thereto. It’s Humanity Foundation reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services and any third party relating to the use of the Services.
Payment processing services for campaign on It’s Humanity Foundation are provided and verified by SSLCOMMERZ and are subject to theStripe Connected Account Agreement, which includes theStripe Services Agreement. Where applicable, SSLCOMMERZ may facilitate money transmission services. By agreeing to these Terms, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by SSLCOMMERZ from time to time. As a condition of It’s Humanity Foundation enabling payment processing services through SSLCOMMERZ, you agree to provide us accurate and complete information about you and any applicable Campaigns, and you authorize It’s Humanity Foundation to share with SSLCOMMERZ this information and transaction information related to your use of the payment processing services provided by SSLCOMMERZ. It’s Humanity Foundation is not responsible for the performance of SSLCOMMERZ. In some instances, It’s Humanity Foundation may held/launch Campaigns without using SSLCOMMERZ. In such instances, It’s Humanity Foundation will hold donations in a dedicated bank account or mobile banking medium, and funds from donations shall be transmitted to the Campaigns through bank transfer, or other legal means.
4. Legal Compliance
- to comply with legal process;
- to respond to claims that any content violates the rights of third parties;
- to respond to your requests for customer service; and/or
- to protect the rights, property, or personal safety of It’s Humanity Foundation, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
5. Warranties and Disclaimers
THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY IT’S HUMANITY FOUNDATION, ITS LICENSORS, ITS PARTNERS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, IT’S HUMANITY FOUNDATION DOES NOT WARRANT THAT:
(i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE CORRECTED, OR (iii) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL IT’S HUMANITY FOUNDATION OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT IT’S HUMANITY FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU DONATED TO THE CAMPAIGN TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A DONATION FOR A CAMPAIGN, $100.
7. Third-Party Links and Services
The Services may provide
(1) information and content provided by third parties; and
(2) links to third-party websites or resources. It’s Humanity Foundation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for
(i) any content or other materials on or available from such sites or resources,
(ii) any errors or omissions in these websites or resources, or
(iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that It’s Humanity Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
1. Modification and Termination of the Services
1. Modification of Services
It’s Humanity Foundation reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that It’s Humanity Foundation shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate, provided that any donations made prior to the effective date of termination will continue to be processed in accordance with these Terms. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation Sections 1 (Definitions), 3 (Additional Terms and Policies), 6 (Intellectual Property and Other Proprietary Rights), 7 (User Content), 11 (User Disputes), 16 (Legal Compliance), 17 (Warranties and Disclaimers), 18 (Exclusions and Limitations), 19 (Indemnification), 22 (Modification and Termination of the Services), 23 (Arbitration and Class Action Waiver), 24 (Controlling Law and Sever-ability), 25 (Feedback), and 26 (General Terms). Termination of your User Content may also include, at It’s Humanity Foundation’s sole discretion, the deletion of your User Content.
2. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and It’s Humanity Foundation agree that these Terms affect interstate commerce and that the Peoples’ Republic of Bangladesh Law governs the interpretation and enforcement of these arbitration provisions. This is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to Campaigns and donations); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
2. Initial Dispute Resolution
Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us firstname.lastname@example.org, and provide a brief, written description of the dispute and your contact information (including your Campaign name, if your dispute relates to a Campaign). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with It’s Humanity Foundation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
3. Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties#39; relationship with each other, and/or your use of It’s Humanity Foundation shall be finally settled by binding arbitration administered by Peoples’ Republic of Bangladesh Judiciary system.
4. Arbitrator’s Powers
The arbitrator, and not any state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator#39;s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
5. Filing a Demand
To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
6. Class Action Waiver
The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.YOU AND IT’S HUMANITY FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
7. Exception: Litigation of Intellectual Property and Small Claims Court Claims Notwithstanding the parties#39; decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court#39;s jurisdiction. 8. 30-Day Right to Opt Out You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at email@example.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of
(a) the Effective Date of these Terms; or
(b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, It’s Humanity Foundation also will not be bound by them.
9. Changes to This Section
It’s Humanity Foundation will provide thirty (30) days; notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
10. Survival This Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
3. Controlling Law and Severability These Terms shall be construed in accordance with and governed by the laws of the Peoples’ Republic of Bangladesh notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the courts of Bangladesh and you and It’s Humanity Foundation consent to the exclusive jurisdiction of such courts.
4. Feedback By sending us any feedback, comments, questions, or suggestions concerning It’s Humanity Foundation or our services, including the Services (collectively, Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty- free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against It’s Humanity Foundation and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.
5. General Terms
1. Force Majeure
Under no circumstances shall It’s Humanity Foundation be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. =
2. No Waiver
No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of It’s Humanity Foundation to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
3. Third-Party Beneficiaries/Relationship between the Parties You agree that there shall be no third-party beneficiaries to these Terms. No agency or employment between you and It’s Humanity Foundation is created as a result of the Terms or your use of the Services.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and It’s Humanity Foundation and govern your use of the Services, and supersede any prior agreements between you and It’s Humanity Foundation on the subject matter. These Terms, and any rights or licenses ranted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by It’s Humanity Foundation without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of It’s Humanity Foundation. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect.
We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
(1) It’s Humanity Foundation, House #139, 3rd floor, Road #22 (Block B), Mohakhali DOHS, Dhaka; or
6. Contact Us
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.