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  • eBay Giving Works Charity Ribbon PayPal Giving Fund Nonprofit User Agreement
           (Effective January 14, 2013)

  • Read the previous Nonprofit User Agreement here.
    1. Our Relationship with You
    2. Your Eligibility to Register
    3. Your Obligations
    4. Receiving Donations
    5. License and Access to PayPal Giving Fund Website
    6. Donation Deductions and Fees
    7. Taxes
    8. Warranties and Disclaimers
    9. Term and Termination
    10. Miscellaneous Terms and Conditions

  • Welcome to the "PayPal Giving Fund" ("we," "us") community. PayPal Giving Fund, a nonprofit charitable organization that accepts charitable donations and makes grants to charitable organizations in furtherance of its charitable mission. This Nonprofit User Agreement ("Agreement") explains our commitments to you and our requirements of you as a "Participating Nonprofit" ("you" or "your organization").
  • P• Please read this Agreement, including all linked information, carefully. By checking the box to accept this Agreement when you register your account, you acknowledge that you have read, understood, and agree to be bound by it.
  • We take your trust very seriously.  If you have questions about this agreement, please contact our Community Care Team.
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  • 1. Our Relationship with You

  • 1.a We raise funds online to grant to nonprofit organizations ("NPOs"), primarily from the eBay Inc. marketplace ("eBay"). We do this by registering NPOs as "Participating Nonprofits" and providing information about them to "eBay Users" and users of other websites and services. Information and registering tools for NPOs are available at www.PayPal Giving Fund.org (the "PayPal Giving FundWebsite").
  • 1.b We accept and process donations made by "Donors" who are eBay Users, users of the PayPal service ("PayPal Users") and users of other websites and services ("Other Users"). Pursuant to our distribution policies we distribute those donations to the Participating Nonprofit selected by the donor (their "Charitable Beneficiary"). PayPal Giving Fund is a tax-exempt organization as described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). Donors make their donations to the PayPal Charitable Giving Fund, and we issue receipts to Donors for each donation they make. Donors may deduct their donations to the full extent allowed by law.
  • 1.c We provide multiple online "Fundraising Opportunities" for Participating Nonprofits. Opportunities on eBay are provided through a program called eBay Giving Works.
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  • 2. Your Eligibility to Register

  • 2.a To become a Participating Nonprofit, your organization must be eligible to receive tax-deductible charitable contributions under Section 170 of the Code (a "Tax-Deductible Organization") and must meet the requirements to be treated as a "Public Charity" as described in Section 509(a) of the Code. In addition, you must be in "good standing;" i.e., we must not have any concerns about problems with your organization's public accountability. You will promptly update and notify us in case of any changes to your status as a Tax-Deductible Organization, and/or if the IRS or any state or local government agency initiates an inquiry into your status. You agree to provide any information that we may reasonably require related to your status as a Tax-Deductible Organization or a Public Charity.
  • 2.b You must register with PayPal Giving Fund and complete a "Nonprofit Profile" to become a Participating Nonprofit. This profile must include:
    • (i.) Your organization’s current “Name” and, if you have one, an electronic version of your “Logo” that meets our technical requirements. 

    • (ii.) A written “Mission Statement” that describes your charitable purposes.

    • (iii.) Proof of your status as a Tax-Deductible Organization and as a Public Charity ("Proof of Status") such as a copy of your 501(c)(3) determination letter from the IRS.

    • (iv.) A valid, working email address. 
  • 2.c You will be considered a Participating Nonprofit only after you have completed your registration, after we have reviewed and approved your organization, and until this Agreement is terminated for any reason.
  • 2.d You may update your Nonprofit Profile using our online tools or by contacting us. You agree to update your Nonprofit Profile as necessary to maintain its accuracy, or when requested by us. We will treat your Nonprofit Profile according to the terms of our Privacy Policy
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  • 3. Your Obligations

  • 3.a You hereby grant PayPal Giving Fund a non-exclusive license to use your Name, Logo and Mission Statement during the term of this Agreement to identify your organization. We will use your Name, Logo and Mission Statement when appropriate on the PayPal Giving Fund, eBay, and other websites to identify you as the Charitable Beneficiary of donation activities. We acknowledge that you retain ownership of your trademarks, trade names and servicemarks and any associated goodwill.
  • 3.b Participating Nonprofits bear sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Agreement and to your status as a Tax-Deductible Organization. You understand that you may have obligations to register under state or local laws regarding charitable solicitations, and that we have no obligation to assist with any such registration. Nor shall we have any liability for your failure to register properly. You agree to bear all costs associated with your compliance with such requirements. You agree that, for purposes of state charitable solicitation laws or regulations, nothing in this Agreement is intended to cause PayPal Giving Fund in any way to act as a professional fundraiser or fundraising counsel on your behalf.
  • 3.c Participating Nonprofits must meet our standards for NPOs that are appropriate in our community. We reserve the right to deny or revoke Participating Nonprofit status to any NPO that fails, in PayPal Giving Fund's sole opinion, to meet these standards.
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  • 4. Receiving Donations

  • 4.a We post information about Participating Nonprofits including your Name, Logo and Mission Statement. We make this information available on eBay, on our Website and through other means. We permit eBay Users, PayPal Users and Other Users to access that information through our Fundraising Opportunities for purposes of making, representing and soliciting donations.
  • 4.b You acknowledge that we make no promise that you will receive any donations at all.
  • 4.c Any donations distributed under this Agreement will be made by electronic funds transfer to the bank account specified in your Nonprofit Profile. You agree to take any actions necessary to authorize us to make such transfers to you.
  • 4.d Donors make their donations to PayPal Giving Fund and not to Participating Nonprofits. We make charitable distributions to Charitable Beneficiaries that are qualifying Participating Nonprofits. As a result, all donations your organization receives pursuant to this Agreement, if any, are actually donations made to you by PayPal Giving Fund. PayPal Giving Fund retains exclusive legal control over all donations received from Donors.
  • 4.e Any distribution we may make to you is subject to our obligations to Donors, and our policies regarding timing of delivery and expenses.
  • 4.f We reserve the right not to distribute a donation to you (even if you are the Charitable Beneficiary for that donation), if:
    • (i). we are unable to deliver it (e.g., if the bank account and/or contact information in your Nonprofit Profile is invalid);

    • (ii) at any time you are in breach of this Agreement;

    • (iii) you cease to be a Tax-Deductible Organization or a Public Charity in good standing;

    • (iv) doing so would cause us to be out of compliance with applicable laws; or

    • (v) doing so would bring us into disrepute.
  • We reserve the right to redirect any donation to another entity, or to use or dispense with the donation in any manner consistent with our policies and charitable purposes.
  • 4.g For any donation you receive from us, you will promptly return the full amount to us, if, when you receive it:
    • (i) you have ceased to be a Tax-Deductible Organization or a Public Charity;

    • (ii) this Agreement has terminated;

    • (iii) you are not a Participating Nonprofit in good standing; or

    • (iv.) we have notified you that a Donor is due a donation refund.
  • At our discretion, we may offset a donation refund by retaining future donations we receive, rather than requesting that you return a donated amount to us.
  • 4.h All Fundraising Opportunities except Community Selling are optional. Opting out of one Fundraising Opportunity will not affect your eligibility for others, or your status as a Participating Nonprofit.
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  • 5. License and Access to PayPal Giving Fund Website

  • 5.a As long as you are a Participating Nonprofit, you may access the "Nonprofit Area" and other parts of the PayPal Giving Fund Website, solely for the purposes contemplated by this Agreement. We grant you a non-exclusive, non-transferable, non-sublicenseable license during the term of this Agreement, subject to the terms and conditions herein, to download, install and display the software, scripts and other content (e.g., graphics) that we have specifically identified as available for download.
  • 5.b Certain limitations and restrictions apply to the licenses and rights granted to you in this Agreement. You understand and agree that these licenses and rights may be exercised only by your employees and agents (including volunteers) acting on your behalf, that you are responsible for their conduct in using the PayPal Giving Fund Website, and that these licenses and rights may not be assigned to any other person or entity or used on another's behalf.
  • 5.c You acknowledge that we own the PayPal Giving Fund Website (including the Nonprofit Area) and all associated intellectual property rights. All rights that are not expressly granted to you by this Agreement are expressly reserved by us.
  • 5.d You understand that no license or other rights are granted by this Agreement to access or to use eBay or PayPal. Your use of eBay or PayPal remains subject to the terms and conditions of any agreement between you and eBay, or between you and PayPal.
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  • 6. Donation Deductions and Fees

  • 6.a We do not charge you a fee for becoming a Participating Nonprofit, for using the Nonprofit Area, or for appearing as a Charitable Beneficiary in any Fundraising Opportunity.
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  • 7. Taxes

  • 7.a Notwithstanding your status as a Tax-Deductible Organization, you will be responsible for all sales, use, value added or other similar taxes, duties, levies, charges or assessments applicable or payable in connection with donations made to your organization pursuant to this Agreement.
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  • 8. Warranties and Disclaimers

  • 8.a You represent and warrant to us that:
    • (i) you are, and at all times during the term of this Agreement will remain, a Tax-Deductible Organization with Public Charity status described in sections 501(c)(3) and 509(a) of the Code;

    • (ii) you will utilize donations received from PayPal Giving Fund in accordance with such status;

    • (iii) you will at all times use our Website and eBay in compliance with all applicable laws, rules and regulations, including any requirements governing solicitation of charitable donations;

    • (iv) all information provided by you in your Nonprofit Profile is true and accurate at all times;

    • (v) you have the right to provide all information provided by you in your Nonprofit Profile or otherwise, the right to authorize us to use this information as contemplated herein, and the right to enter into this Agreement on behalf of your organization;

    • (vi) you have the right to grant the licenses to PayPal Giving Fund hereunder; and our use, as contemplated by this Agreement, of materials or rights licensed hereunder, will not infringe the intellectual property rights or similar rights of any third party;

    • (vii) you will not disparage PayPal Giving Fund, PayPal Charitable Giving Fund, eBay, any Participating Nonprofit or any partner or sponsor of PayPal Giving Fund identified within the PayPal Giving Fund Website; and

    • (viii) you will at all times comply with the terms and conditions of this Agreement and any terms of use or other agreements you may have with eBay.
  • 8.b You agree to indemnify, hold harmless, and, at our option, defend PayPal Giving Fund/PayPal Charitable Giving Fund and its officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including attorneys' fees and court costs) and liabilities arising from your breach or alleged breach of any obligation, covenant, representation or warranty under this Agreement. If PayPal Giving Fund requires you to provide defense of any matter for which indemnity is or may be due hereunder, PayPal Giving Fund may participate in such defense by counsel of its choice at its own expense. You will not settle any claim for which indemnity is due hereunder unless such settlement completely and forever releases PayPal Giving Fund and the other indemnified parties with respect to such claim, or unless PayPal Giving Fund provides its prior written consent.
  • 8.c WE MAKE AVAILABLE THE PayPal Giving Fund WEBSITE, THE NONPROFIT AREA AND NONPROFIT PROFILE FOR CHARITABLE PURPOSES, AND NOT FOR COMMERCIAL, FOR-PROFIT PURPOSES. YOU ACKNOWLEDGE THAT THE PayPal Giving Fund WEBSITE, THE NONPROFIT AREA AND NONPROFIT PROFILE, AND OUR PERFORMANCE HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS, AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, DATA ACCURACY OR SYSTEM INTEGRATION. NO WARRANTY IS MADE BY US ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, EFFICIENCY OR AVAILABILITY (INCLUDING "UPTIME") OF THE PayPal Giving Fund WEBSITE OR THE NONPROFIT AREA AND NONPROFIT PROFILE. NO REPRESENTATION OR WARRANTY IS MADE THAT OPERATION OF THE PayPal Giving Fund WEBSITE (INCLUDING THE NONPROFIT AREA AND NONPROFIT PROFILE) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PayPal Giving Fund WEBSITE (INCLUDING THE NONPROFIT AREA, AND NONPROFIT PROFILE) WILL OPERATE AS EXPECTED OR WILL MEET YOUR PARTICULAR NEEDS OR PURPOSES. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LEGAL REQUIREMENTS TO WHICH YOUR ORGANIZATION MAY BE SUBJECT, SUCH AS, BY WAY OF EXAMPLE, ANY REGISTRATION REQUIREMENTS RELATED TO CHARITABLE SOLICITATIONS; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICABILITY OF TAX LAWS TO YOUR ORGANIZATION OR TO ANY COMMUNITY SELLER OR DONOR, SUCH AS, BY WAY OF EXAMPLE, ANY COMMUNITY SELLER'S ABILITY TO OBTAIN TAX DEDUCTIONS OR OTHER TAX BENEFITS IN CONNECTION WITH DONATIONS MADE THROUGH EBAY GIVING WORKS. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU THAT YOU WILL RECEIVE ANY MINIMUM AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL UNDER THIS AGREEMENT.
  • 8.d IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED $10. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IF YOU HAVE AUTHORIZED ANY THIRD PARTY TO ENTER THIS AGREEMENT ON YOUR BEHALF (e.g., AN ASSOCIATION OF NONPROFIT ORGANIZATIONS OR AGENT), OR TO PERFORM ON YOUR BEHALF (e.g., TO RECEIVE AND PROCESS ANY DONATIONS MADE TO YOU), YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THAT THIRD PARTY, AND WE HAVE NO RESPONSIBILITY UNDER THIS AGREEMENT OR ANY LIABILITY TO YOU ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THAT THIRD PARTY'S ACTS OR OMISSIONS. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH FORM AN ESSENTIAL BASIS OF THE ARRANGEMENT BETWEEN YOU AND US, AND ABSENT THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET FORTH ABOVE, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
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  • 9. Term and Termination

  • 9.a This Agreement becomes effective when you have accepted our Terms by following the instructions on the PayPal Giving FundWebsite. Once in effect this Agreement will continue until terminated by either of us.
  • 9.b You may terminate this Agreement (and cancel your status as a Participating Nonprofit) at any time and for any reason by providing written notice to us.
  • 9.c If you breach this Agreement at any time, you are not considered to be "in good standing." We may suspend your access to the PayPal Giving Fund Website and/or the Nonprofit Area in order to require you to remedy a breach. We may terminate this Agreement at any time and for any reason by providing notice to you in accordance with this Agreement.
  • 9.d After termination of this Agreement, we will exercise reasonable efforts to promptly remove your Mission Statement and logo(s) from the PayPal Giving Fund Website, as well as any reference to you as a current Participating Nonprofit. Upon such removal, the licenses you have granted to us in such materials will expire.
  • 9.e You understand that we have no obligation to make any donations to you (even those where you have been specified as the Charitable Beneficiary), or otherwise to provide any services or perform other obligations under this Agreement, after the termination of this Agreement for any reason.
  • 9.f Any obligations you have incurred before termination will survive as obligations even after termination.
  • 9.g The obligations of Sections 3.b, 4.f, 4.g, 5.b, 5.c, 5.d, 6.b, 6.c, 7.a, 8, 9.d, this 9.g and 10 will survive the termination of this License Agreement.
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  • 10. Miscellaneous Terms and Conditions

  • 10.a This Agreement, together with any other documents incorporated herein by reference (including, without limitation, the Privacy Policy is amended from time to time), constitutes the entire Agreement between us and supersedes all previous negotiation, understandings and agreements between us in relation to its subject matter.
  • 10.b You acknowledge that nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.
  • 10.c We may give notice pursuant to this Agreement by any means of contact in your Nonprofit Profile and will be effective when sent. If you fail to provide valid and current contact information as required, you waive your right to receive notices under this Agreement during the period of such failure. Notices may also be given by posting information within the PayPal Giving Fund Website and, except as required by the following Section 10.d, will be deemed effective when posted. Notices from you to us must be given by email or other means provided within the PayPal Giving Fund Website and will be deemed given when actually received by us.
  • 10.d We may amend this Agreement at any time by posting amended terms on the PayPal Giving Fund Website. We will send a message to the email address in your Nonprofit Profile alerting you. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you 14 days after having been posted on the PayPal Giving FundWebsite. Your continuation as a Participating Nonprofit, and/or your continued access to or use of the PayPal Giving Fund Website after such 14 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement as set forth in Section 9 of this Agreement. Apart from such posting by us, this Agreement may not otherwise be amended except in a written document (i) that expressly references this Agreement and/or any affected amended terms as posted by us and (ii) that is executed by both you and us.
  • 10.e Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
  • 10.f You may not assign this Agreement without our prior written consent; any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement to any third party without your consent. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and us.
  • 10.g Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
  • 10.h Any dispute between you and PayPal Giving Fund which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity that you and we may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to PayPal Giving Fund for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.
  • 10.i This Agreement shall be governed and interpreted in accordance with the laws of California without regard to its principles of conflict of laws. Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, shall be proper only within a mediation or arbitration process or in a tribunal of competent jurisdiction within California.
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  • End of Terms and Conditions

Copyright © 2000-2013 PayPal Giving Fund. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the PayPal Giving Fund User Agreement and Privacy Policy. PayPal Giving Fund is a 501(c)(3) nonprofit organization (Federal Tax ID: 45-0931286).