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Last modified 04/30/2023
Welcome to ProjectWorldImpact.com. Project World Impact, LLC (“Project World Impact”, “projectworldimpact.com”, “PWI,” “PWI Nonprofit App”, “PWI App”, “PWI Hub”, “PWI Nonprofit Hub”, “Project World Impact”, “we”, “our”, or “us”) provides this website and its content, products, and services to you (“you”, “your”, “the user”, “user,”, “General Users”, “Registered Users”, “Registered Nonprofit Users”, “Nonprofits”, “Charity”, “Charities”, or “Sellers”, “Seller”, “Buyers”, “Buyer”, “Consumer”, or “Consumers”) subject to the following terms and conditions (the "Terms," the “Agreement,” or the “Participation Agreement”).
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TERMS AND CONDITIONS
This Site and its products are intended to be used by people residing in the USA only. If you are currently outside of the USA we ask that you do not use the site. By visiting this Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms.
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This Site and its components and content are offered for informational purposes only. This Site shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the site and shall not be responsible or liable for any errors or omissions in that information.
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Project World Impact takes no responsibility and assumes no liability for any Content posted by you or any third party. You are solely responsible for your Content and assume all risks associated with its use, including but not limited to reliance on its accuracy, completeness, or usefulness by others, or any disclosure of information in the Content that makes you personally identifiable. You represent that you own, or have obtained the necessary permissions to use, and authorize the use of your Content as described herein. You may not imply that your Content is sponsored or endorsed by Project World Impact in any way.
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If you post or send Content to Project World Impact, you grant Project World Impact and PWI Foundation a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant Project World Impact and sublicensees the right to use the name that you submit, along with any assumed names, in connection with such Content if they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content that you post and/or submit; (b) the Content is accurate; (c) the use of the Content you post and/or submit does not violate these Terms; and (d) the Content will not cause injury to any person or entity. Project World Impact takes no responsibility and assumes no liability for any Content posted by you or any third party.
You are solely responsible for your Content. You assume all risks associated with the use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure by you of information in the Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Project World Impact.
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Please note that enforcement of the user Content or conduct rules set forth in these Terms is solely at Project World Impact’s discretion. Failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any Content that is prohibited by such rules.
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You may use or download material displayed on this Site for non-commercial, personal use only, provided that you retain all copyright and other proprietary notices displayed on the materials. However, you may not collect, use, copy, or distribute any portion of the Site without prior written consent from Project World Impact, except as otherwise expressly permitted by these Terms. You may not resell, publicly perform, or publicly display any portion of the Site, or modify or otherwise make any derivative uses of any portion of the Site.
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Please be aware that Project World Impact reserves the right to refuse service and terminate accounts if we believe that your conduct violates these Terms.
MODIFYING AND TERMINATING OUR SERVICES
We are committed to continually improving our Services and may change or update them from time to time. This may include adding or removing functionalities or features, suspending or discontinuing a Service, or imposing new limits or requirements.You may stop using our Services at any time, but we hope you'll let us know if there's anything we can do to improve your experience. Similarly, we reserve the right to refuse or terminate Services to any user at any time, with or without notice or reason. If we discontinue a Service, we will make reasonable efforts to notify you in advance and provide you with the opportunity to retrieve any important data or information before it is deleted.
We reserve the right to modify or update these Terms at any time without prior notice . If any provision of these Terms is deemed invalid, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any remaining provisions . Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the changes, you must stop using the Services.
Project World Impact provides a platform for Registered Nonprofit Users to receive donations from Registered Users on the site. Unless stated otherwise, Project World Impact does not take a percentage of these donations, although normal credit card fees may apply . However, all Registered Nonprofit Users are solely responsible for distributing written acknowledgements to Registered Users who have donated funds to them through the PWI site.
If a nonprofit fails to activate its payment gateway on projectworldimpact.com, any donations that the nonprofit receives through the Site or any PWI product will be sent to the PWI Foundation, and fees will be applied. Unless stated otherwise, Project World Impact does not take a percentage of these donations, unless stated otherwise. Donations are subject to the standard credit card processing rate.
Contributors are solely responsible for conducting their own research and due diligence on Nonprofits, Users, and Campaigns before making a Contribution. All Contributions are voluntarily and at the Contributor's sole discretion and risk. Project World Impact does not guarantee that Contributions will be used as promised, that all Users will deliver Perks, or that the Campaign will achieve its goals. Project World Impact does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, or legality of any Campaign, Perk, or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and any receipt of any Perks for tax purposes. If a Contribution is refunded to a Contributor, any associated Perks will be canceled.
By using PWI products, all Users may upload photos, videos, text, graphics, logos, artwork, and other audio or visual materials (collectively, "User Content"). All Users grant Project World Impact and the nonprofit beneficiary a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any Campaign Owner or Contributor on or in connection with the Crowdfunding Services and our related marketing and promotional activities. All Users also agree to allow their “User Content” to be used by any other nonprofit on the PWI site, while they are a part of the PWI site. All Users retain ownership of their User Content. Each Campaign Owner represents and warrants that their User Content and Project World Impact’s use of such 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.
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Users grant Project World Impact and the nonprofit beneficiary a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content (including but not limited to text, images, videos, and audio recordings) submitted by any Campaign Owner or Contributor on or in connection with PWI Products and Services and our related marketing and promotional activities. By submitting User Content, Users represent and warrant that they have all necessary rights and permissions to grant the license described above and that their User Content does not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity, or any other rights. Each Campaign Owner and Contributor acknowledges and agrees that Project World Impact and the nonprofit beneficiary have the right, but not the obligation, to use, display, perform, and distribute their User Content in any manner or media, whether now known or hereafter developed, and that they will not be entitled to any compensation or credit for such use.
To obtain detailed terms and conditions for individual products, refer to the respective document pertaining to each product.
PWI provides a discount of up to 50% on marketing services, including websites, apps, graphic design, social media, SEO, marketing campaigns, video, etc.) to Registered Nonprofit Users who have subscribed on projectworldimpact.com. The discount is determined by the standard amount charged by PWI to nonprofits and for-profit organizations who are not currently on the site. The amount of the discount is not guaranteed and is determined solely by and at the discretion of PWI.
To be eligible for the discount, Registered Nonprofit Users must subscribe to projectworldimpact.com and must be in good standing with PWI. PWI reserves the right to deny or revoke the discount at any time and for any reason.
If a Registered Nonprofit User subscribes to the appropriate level, they will have access to PWI team members via a ticketing system to help them better utilize the available software and tools and maximize their visibility on projectworldimpact.com. PWI Team members will prioritize assisting Registered Nonprofit Users, but the amount of time (hours) that PWI team members spend working on any individual Registered Nonprofit User is not guaranteed.
Please note that PWI team members will not interact with Registered Users who are connected to nonprofits or Registered Nonprofit Users but are not Nonprofit User Admins.
Registered Nonprofit Users that are subscribed at the appropriate level will receive dedicated branding on specific PWI apps and programs (Convene, Storyteller, Fund, and Swipe). This means that the apps and programs will be white-labeled, and will appear to come directly from the Registered Nonprofit User. As a result, users will not be as exposed to the PWI brand. This allows for a seamless user experience for the nonprofit's audience, while still providing the benefits and functionality of the PWI platform.
ADDITIONAL GENERAL TERMS AND CONDITIONS
PWI RESERVATION OF RIGHTS
PWI has the right to determine and control all aspects of the Site and Services, including but not limited to the content, appearance, design, and functionality. This includes the right to modify, remove, re-design, or alter any element, aspect, portion, or feature of the Site and the Service from time to time).
Employees of PWI and our affiliates may use this Site for personal transactions, as long as they are not representing PWI or our affiliates in any way. However, if they possess confidential information about a particular item, they are not permitted to participate in transactions related to that item.
If an employee of PWI or our affiliate participates in any transaction in a personal capacity, they agree to abide by this Participation Agreement and follow the same procedures and guidelines as any other buyer or seller on this Site.
Your password is only to be used only to access the Site, utilize the Services, electronically sign Your Transactions, and review your completed transactions. It is your responsibility to maintain the security of your password. You are strictly prohibited from disclosing your password to any third party, except for third parties who have been authorized by you to use your account.) You are solely liable for any unauthorized use of your password on this Site. In the event that your password is compromised, you must change your password immediately.
Limitation of Liability
You agree that PWI will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the Participation Agreement, the Site, the Services, the Transaction Processing Service, the inability to use the Services or the Transaction Processing Service, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Services.
You agree to defend, indemnify, and hold harmless PWI and its affiliates, and their respective employees, directors, agents, and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of any claim that arises from or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or seller taxes or the collection, payment, or failure to collect or pay seller taxes. For the purposes hereof, "Claim" means any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity. PWI shall not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the Participation Agreement, the Site, the Services, the Transaction Processing Service, the inability to use the Services or the Transaction Processing Service, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Services.
PWI reserves the right to terminate this Participation Agreement, access to the Site or the Services, your profile on the site, or any current fixed price sales at any time and without prior notice, for any reason that we, in our sole discretion, deem appropriate. If your profile is canceled for any reason, you will immediately be responsible for the remainder of the annual subscription cost and will be billed accordingly. Please note that PWI is not obligated to provide a refund under any circumstances.
We recommend that you regularly review these terms and conditions to ensure that you are aware of any changes made by PWI. By continuing to use the Site or the Services, you are indicating your agreement to be bound by the most current version of these terms and conditions.
In the event that any provision of this Participation Agreement is determined to be unlawful, void, or unenforceable for any reason, such provision will be deemed to be severable from these terms and conditions. The invalidity or unenforceability of any provision will not affect the validity and enforceability of any remaining provisions.
Furthermore, PWI reserves the right to modify or amend these terms and conditions at any time and for any reason, without prior notice to you. We recommend that you regularly review these terms and conditions to ensure that you are aware of any changes. By continuing to use the Site or the Services, you are indicating your agreement to be bound by the most current version of these terms and conditions.
DISCLAIMER OF WARRANTIES
THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED"AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE SITE OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE AVAILABLE, RELIABLE, OR SECURE AT ALL TIMES.
WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR CONDITION OF TITLE, WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. WE ALSO DISCLAIM ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY AND ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT.
WE DO NOT WARRANT THAT THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL TO THEIR ESSENTIAL PURPOSE.
Project World Impact may choose to communicate with you electronically for all purposes related to these Terms. This includes sending emails to the email address you provided during registration or in your communications with us, or displaying messages to you when you log in to the Site. These electronic communications may include information about actions taken on your requests, notices of incomplete or partially complete requests, notices of modifications to these Terms, any notices required by applicable law, and any other information or communication related to your use of the Site.
By using the Site, you agree to receive all communications from Project World Impact electronically. You acknowledge that receiving communications from us electronically satisfies any legal requirement that such communications be in writing. You also agree that an electronic notice will be deemed received by you on the day it is transmitted or conveyed to you via email or displayed on the Site.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content on the Site infringes upon your copyright, you may file a notification of such infringement by sending an email to firstname.lastname@example.org with “Copyright Infringement” as the subject line.
To be effective, the notification must be a written communication that includes the following:
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws , Project World Impact has adopted a policy of terminating, in appropriate circumstances and at our sole discretion of Project World Impact, account holders who are deemed to be repeated infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Dupage County, Illinois, and you hereby consent and submit to the jurisdiction and venue of such courts. You may not transfer, assign, or delegat your rights or obligations under these Terms without such consent will be null and void. We may freely transfer, assign or delegate our rights and obligations under these Terms. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors, and permitted assigns.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The parties shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute relating in any way to the Terms and Conditions or use of any product or service from PWI, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms and Conditions. The arbitration shall be conducted in Kane County, Illinois, or at another mutually agreed location .
The Federal Arbitration Act and federal arbitration law and the laws of the state of Illinois, without regard to principles of conflict of laws, shall govern any dispute of any sort that might arise. The arbitration shall be conducted by a single arbitrator, selected in accordance with the AAA Rules. The arbitrator shall have the power to award any relief that a court could award including injunctive and declaratory relief and statutory damages. The arbitrator must follow these Terms and Conditions as a court would.
To initiate arbitration, you must send a letter to our registered agent, Wagenmaker & Oberly, LLC, requesting arbitration and describing your claim. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You and PWI waive any right to a jury trial and agree that any arbitration will be solely between you and PWI, except as otherwise provided herein.
In the event that any provision of this arbitration section is found unenforceable or invalid, the unenforceable or invalid provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action.
If you believe that there has been a violation of these Terms, please report it to us by sending an email to email@example.com. Please note that any reports you submit to us, including your identity, may not be kept confidential.
In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms. We may also pursue other remedies available under all applicable local, state, federal, or international laws, regulations, rules, orders, and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive.
While we strive to review all reports in a timely manner, please note that a personal reply to reports you submit to us may not always be possible.
By submitting a report of a violation, you represent and warrant that the information you provide is accurate and complete to the best of your knowledge. You also acknowledge and agree that we may disclose your report and related information to the alleged violator and any relevant third parties, as necessary to investigate and address the reported violation.
We reserve the right to modify or update these reporting procedures at any time without prior notice. Your continued use of our services or products after such modifications or updates constitutes your acceptance of the revised reporting procedures.
COMMUNICATION WITH US
While we welcome your feedback, questions, comments, suggestions, and other communications, please do not send us any content that contains confidential information. By submitting any communications to us, you acknowledge and agree that we may freely use, reproduce, modify, distribute, and display such communication and any ideas, concepts, know-how, or techniques contained therein for any purpose without any payment or obligation to you. This includes, but is not limited to, the development, production, and marketing of products and services that incorporate such information.
You represent and warrant that any communication you send to us does not infringe or violate any intellectual property, privacy, or other rights of any third party and that you have all necessary rights and permissions to submit such communication to us.
We reserve the right to review, edit, or remove any communication submitted to us, and to terminate or suspend your access to our services or products if we determine, in our sole discretion, that you have violated these terms and conditions or any applicable law or regulation.
By using our services or products, you agree to these terms and conditions and any updates or revisions that we may make from time to time. If you do not agree to these terms and conditions, you should not use our services or products.
PROFILE CANCELLATION, UPGRADE, OR DOWNGRADE
You have the ability to change (delete, upgrade, or downgrade) your Project World Impact profile and subscription level at any time by visiting Your Account Dashboard. If you choose to delete your account, you will be responsible for the remainder of your annual fee, which will be billed to you. No refunds will be provided under any circumstances. If you choose to downgrade your subscription to a lower level, you will still be responsible for paying the remainder of the annual fee at the original level, and no credit will be applied to your account. If you choose to upgrade your subscription, you will be charged a prorated fee for the remainder of the year at the higher subscription level.
Your monthly subscription will be automatically renewed. We will notify you of the payment via email sent to the administrative email address you provided. If you fail to cancel the renewal for any reason, we will not be obligated to provide a refund under any circumstances.
Your annual subscription will also be automatically renewed. We will send you an email notification to the administrative email address you provided at least 14 days before the renewal becomes effective. If you fail to cancel the renewal for any reason, we will not be obligated to provide a refund under any circumstances.
By using our services, you acknowledge and agree to these terms and conditions. If you do not agree to these terms and conditions, you must not use our services. We reserve the right to modify these terms and conditions at any time, and any modifications will be effective immediately upon posting the modified terms and conditions on our website. It is your responsibility to review these terms and conditions periodically for any changes. If you continue to use our services after any modifications to these terms and conditions have been made, you agree to be bound by the modified terms and conditions.
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