Welcome to Bright Funds!
a Delaware corporation ("Bright Funds"), and governs your access and use of the Bright Funds website and all other websites owned and operated by Bright Funds that have this Agreement posted (collectively, the "Website"),
and all Bright Funds programs and services provided in connection with the Website (the Website, together with all applications and other software made available by Bright Funds in connection with such services, collectively, the "Services").
If you do not agree with all of the terms and conditions in this Agreement, please do not access or use the Services.
This Agreement supersedes any previous agreement to which you and Bright Funds may have been bound.
This Agreement may be modified by Bright Funds in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Bright Funds on the Services (as indicated by the posted update date).
Your participation in and use of the Services will be subject to any such modifications. You should review this Agreement from time to time for any modifications.
If you do not agree with any such modifications, please immediately terminate your registered Bright Funds account, if any, as outlined in Section 9 below, and please immediately stop participating in, accessing and using the Services.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns.
Bright Funds has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement.
Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You may receive a written copy of this Agreement by emailing us at: email@example.com
This Agreement is divided into the following sections:
- Participation in the Services
- Proprietary Rights
- Acceptable Use
- Limitation of Liability
- Disputes with Non-profits
- Governing Law; Resolution of Disputes; Arbitration and Waivers
- Term; Termination
- Entire Agreement; Severability
1. Participation in the Services
Bright Funds manages the Website, which matches you and other persons (each, a "Donor" and, collectively, "Donors") with charitable organizations in the U.S. and abroad (each, a "Non-profit" and, collectively, "Non-profits") in need of contributions.
1.1. Contribution Disbursement. Your contributions through the Services (“Contributions”) will be distributed to the Non-profit or Non-profits of your choice, but you understand that your contributions are aggregated with other contributions before those contributions are transferred to Non-profits. You further understand that contributions are transferred at intervals determined by Bright Funds consistent with applicable law. Contributions to support Non-profits or causes outside the United States may require a different philanthropic funding structure. Instead of contributions being forwarded directly to a non-U.S. Non-profit, Bright Funds will distribute such contributions to a selected U.S.-based intermediary or affiliate Non- profit. You understand that in such cases the U.S.-based Non-profit will have ultimate control over the use of such contributions, although in most cases the non-U.S. Non-profit chosen by you will ultimately be supported by your contribution. Contributions to support U.S.-based Non- profits that further causes or conduct activities outside the United States will be distributed directly to those Non-profits.
1.2 Tax Deductibility. You understand that Bright Funds is a Delaware corporation. Bright Funds has not received, nor does Bright Funds intend to apply for, exemption from tax as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time (a “Charity” or “Charities”). Bright Funds will use reasonable diligence to confirm that each recipient organization is a tax-exempt Charity. In addition, Bright Funds’ systems provide a calculation of the estimated tax-deductible portion of each donor’s contribution(s) to Charities to assist donors with their recordkeeping. However, the amount of a donor's tax deduction may be subject to certain limitations under U.S. income tax laws. You understand that you are solely responsible for determining the proper tax treatment for any contribution you make through the Services. Bright Funds has not and will not provide any tax or legal advice to you in connection with any contribution you might make. This Agreement does not attempt to define the tax implications of participating in the Services. If you participate in the Services, you should consult with your own accountants, tax advisors and legal advisors.
1.3. Contribution Records. Records of each contribution you make are kept by Bright Funds and, if you have a registered account with Bright Funds, will be made available to you through our website.
1.4 Insufficient Donor Funds. In the event that you make a contribution and your payment does not clear (e.g., an eCheck does not validly deliver to Bright Funds the full amount of the intended contribution, or your payment provider reverses a payment originally intended for Bright Funds), you agree that Bright Funds may, in its sole discretion, (i) offset the amount of the insufficiently funded contribution against your Bright Funds Credit or (ii) withdraw and cancel your insufficiently-funded contribution from your account as not paid in full.
1.5 Automatic Contributions Feature; Auto-Donation of Funds. Without in any way limiting the earlier provisions of this Section 1, Bright Funds may implement Service features pursuant to which a User may – in lieu of manually accessing his or her registered account to specify a Contribution or Contributions to make – establish account settings to automatically make Contributions based on the User's prior instructions and without further direct input from the User, based on User-selected preferences and other business factors and parameters as may be determined by Bright Funds in its sole discretion. To the extent a User chooses to activate the automatic contribution feature on the User's registered account, and depending on the particular preferences selected by the User, the automatic contribution feature will remain active until deactivated by either the User or Bright Funds.
1.6 User Account Inactivity. Bright Funds welcomes its Users' active participation in the Services. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not log in to his or her Bright Funds account or there are no financial transactions made to such User's account. Should an account become inactive for a period of 24 or more consecutive months, Bright Funds may elect to automatically terminate the inactive User account. Bright Funds is not responsible for retaining records for terminated accounts.
2. Proprietary Rights
"Bright Funds", the "Bright Funds" logo and other Bright Funds graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Bright Funds ("Bright Funds Marks").
Bright Funds Marks may not be used in any manner not expressly authorized by Bright Funds in writing, including, without limitation, as part of trademarks or domain names, or in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bright Funds.
Bright Funds or its licensors own and retain all proprietary rights in the Services and all content, material and information posted, uploaded, transmitted or otherwise shared by Bright Funds thereon (collectively, "Content").
The Services contain the copyrighted material, trademarks and other proprietary information of Bright Funds and its licensors.
You may display and make limited copies of the Content (other than the Bright Funds Marks) for your personal, non-commercial use in connection with your participation in the Services (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Bright Funds.
In addition, to the extent you receive information from Bright Funds, or organizations affiliated with Bright Funds, and that information is later removed from the Website (including, without limitation, due to dissociation of Bright Funds from a Non- profit or other organization), [you may not further disclose or otherwise provide such information to another party in a way that allows identification of such Non-profit, except as legally required or as necessary to claim tax benefits].
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on or through the Services or to Bright Funds in connection with or arising from your participation in the Services, including without limitation any feedback provided to Bright Funds (collectively, "User Generated Content"), you agree to grant, and hereby grant, to Bright Funds an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing.
You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Bright Funds from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
You acknowledge, consent and agree that Bright Funds may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Bright Funds, its users, or the public.
To file a notice of infringing material on the Services, please provide a notification containing the following details:
- Reasonably sufficient details to enable Bright Funds to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice to:
Bright Funds Inc.
414 Brannan Street
San Francisco, CA 94107
Attn: Copyright Agent
If material that you have posted to the Services has been taken down, you may file a counter-notification that contains the following details:
- 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 disabled;
- A statement, 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 in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Bright Funds is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Then send this notice to Bright Funds based on the contact information provided above in this Section.
The Services contain (or you may be sent through the Services) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content").
Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Bright Funds, and Bright Funds is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content.
Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Bright Funds. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”).
By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized.
To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers.
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Bright Funds shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Bright Funds is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services.
As such, Bright Funds is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services.
Bright Funds enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Bright Funds offers or may in the future offer software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms.
With respect to software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
- Bright Funds and you acknowledge that this Agreement is concluded between Bright Funds and you only, and not with Apple, and that as between Bright Funds and Apple, Bright Funds, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple- Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple- Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Bright Funds’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Bright Funds and you acknowledge that Bright Funds, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Bright Funds and Apple, Bright Funds, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Bright Funds as follows:
Bright Funds Inc.
414 Brannan Street
San Francisco, CA 94107
Bright Funds and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enable Software, and that,
upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls.
No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.
Downloading or using such software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
3. Acceptable Use
You may access and use the Services for your personal, non-commercial use.
The Services may not be accessed or used by you in connection with any other endeavors -- commercial or otherwise -- except as previously approved in writing by an authorized representative of Bright Funds.
You may not use the Services in any manner that could damage, disable, overburden or impair the Services other software, systems or equipment of Bright Funds, any other User, any Non-profit or any other person.
You may not engage in advertising to, or solicitation of, any other User, any Non-profit or any other person to buy or sell any products or services through the Services. You may not transmit any chain letters, junk email or "spam" to any User, Non-profit or any other person.
Bright Funds has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of or exploitations of the Services, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any other User, any Non-profit or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
Although Bright Funds assumes no obligation to monitor the conduct of any User on or off the Services, it is a violation of this Agreement to use the Services, or any information obtained from the Services,
in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or engaging in misleading communications), (ii) prevent or exclude others, who are using the Services in compliance with this Agreement, from accessing, viewing or funding a particular organization, or (iii) contact, advertise to, solicit, or sell to any other User, Non-profit or other person without their prior explicit consent.
In order to protect such persons from such advertising, solicitation or harassment, Bright Funds reserves the right to remove content from the Services that violates acceptable use in Bright Funds’ sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Bright Funds deems appropriate, in Bright Funds’ sole and absolute discretion.
Bright Funds reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content or User Generated Content, and to restrict, suspend or terminate the participation of any User from the Services at any time, with or without prior notice.
Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Bright Funds’ opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
In consideration of your use of or participation in the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms in connection with the Services ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Bright Funds, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You agree not to impersonate any person or entity.
Bright Funds is not responsible, and shall have no liability, for any incorrect or inaccurate content made available in connection with the Services or any liability, cost or expense you may incur in connection with the Services, whether caused by any User, Non-profit or other person or by any of the equipment or programming associated with or utilized in the Services.
You also acknowledge and agree that Non-profits are not liable for content made available in connection with the Services.
Bright Funds is not responsible for the conduct, whether online or offline, of any User of the Services or any other person.
With respect to the Services, Bright Funds assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Bright Funds be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of or participation in the Services, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Services or any interactions between any Users of the Services, whether online or offline. Bright Funds does not represent, warrant, covenant, guarantee or promise any specific results from use of the Services.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND PARTICIPATION IN THE SERVICES.
Bright Funds makes no representation or warranty, express or implied, with respect to any third party data provided to Bright Funds or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose.
Bright Funds will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Bright Funds or "force majeure" or any other cause beyond the control of Bright Funds.
5. Limitation of Liability
You understand that any and all decisions made by you with respect to the Services are yours alone.
Bright Funds cannot and does not verify the accuracy of information from other Users or Non-profits.
Bright Funds shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Services; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Contribution to a Non-profit or as a result (directly or indirectly) of utilizing the Services or information received in connection with the Services.
In addition, in no event will Bright Funds be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of or participation in the Services, even if Bright Funds has been advised of the possibility of such damages, costs, losses or expenses.
6. Disputes with Non-profits
Bright Funds is not responsible for your interactions with any Non-profits or any disputes or damages that may result from such interactions.
Bright Funds reserves the right, but has no obligation, to monitor disputes between you and such organizations.
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Bright Funds, including, without limitation, any dispute arising from or relating to the Services, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association, in San Francisco, California.
The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Bright Funds.
Any award will be final, binding and conclusive upon the parties, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either you or Bright Funds may seek any injunctive relief in a state or federal court in San Francisco, California, as may be necessary to preserve rights pending the completion of arbitration and Bright Funds may seek any injunctive relief in a state or federal court in San Francisco, California, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND BRIGHT FUNDS HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold Bright Funds and its affiliates, and their respective officers, directors, agents, employees, representatives and partners, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of or participation in the Services or arising from your breach of any term or condition of this Agreement.
9. Term; Termination
This Agreement will remain in full force and effect while you access, use or participate in the Services and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Services and registered account is terminated. From time to time, Bright Funds may make features available to Users as part of the Services. Bright Funds reserves the right, in its sole discretion, to include or cease providing these features at any time.
Whether or not you are and remain eligible to participate in the Services, use the Services may be determined by Bright Funds in its sole and absolute discretion. You may terminate your participation in the Services and registered account at any time and for any reason by following the instructions for such termination provided by Bright Funds. Bright Funds may also terminate your participation in the Services and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Bright Funds. If your participation in the Services and registered account is terminated by Bright Funds, you agree not to access, use or participate in the Services. If you violate this Agreement or if your participation in the Services or registered account is terminated, Bright Funds has the right to delete your profile and remove your User Generated Content.
10. Entire Agreement; Severability
This Agreement, accepted upon your access, use or participation in the Services and further affirmed by becoming a User, contains the entire agreement between you and Bright Funds regarding the use of the Services. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.