TERMS OF USE

Last updated: November 15, 2016


The following describes the terms applicable to the use of the doGood.io website (the “Site”). Your use of the Site forms a legally binding contract with LinkedThink, LLC dba doGood (“doGood” or “us”) based on these Terms of Use. If you have registered as a Contestant, you will be bound to these Terms of Use as well as additional terms in any applicable Contest Specific Agreement. Likewise, if you use the site to raise money (“Fundraiser”) or to give money (“Contribute”) to a project (“Funder”) you will be bound to these Terms of Use as well as additional terms in any applicable Fundraising Agreement

PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use the Site. doGood may revise these Terms of Use at any time by posting an updated version to this Web page.

1. The Site. This Site provides a service (“Service(s)”) whereby entities with business, technical, engineering, scientific, logistical, manufacturing, or mathematical problems (“Sponsors”) may post such problems (“doGood Contests” also referred to as doGood Contest Statements) and may offer a payment amount (each, an “Award”) for solutions submitted by Contestants for a specific doGood Contest via the website (“Proposed Solutions”), which the Sponsor deems acceptable (“Accepted Solutions”) based upon the structure of the Contest. Sponsors may be commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. Each Contest type has differing levels of difficulty, and information required from Contestants. Some doGood Contest Statements only request limited information from Contestants, but others contain detailed criteria for Accepted Solutions, such criteria located in password-protected areas of the Site (“Project Rooms”). By using this Site, you acknowledge that doGood does not control in any manner the nature, quality, legality or timing of doGood Contests. You agree that doGood is a neutral forum for doGood Contests and Contestant Proposed Solutions.

doGood desires to make your use of this Site enjoyable, and will endeavor to keep postings related to the results of Proposed Solutions and Awards paid as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times. Furthermore you understand that you may create a Proposed Solution for a doGood Contest that may have a recently Accepted Solution, and for which the Award has already been paid, and for which we have not yet updated the Site to reflect such payment.

A. doGood’s service are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by doGood without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by doGood. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

B. The Services of the Site is available only to individuals or entities who need their funds transferred to a bank account in the United States. The Company may, in its sole discretion, refuse to offer the Site’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site’s services is revoked in those jurisdictions.

C. Creating an account on doGood is free. If you create a project that is successfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.

D. doGood will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds Contributiond by Funders are collected by payment providers. Each payment provider is its own company, and doGood isn’t responsible for its performance.

E. You are responsible for paying any additional fees or taxes associated with your use of doGood.

2. Eligibility. The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations that cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. These terms apply equally to both natural persons and For-Profit Entities as well as Non-Profit Entities. Non-Profit Entities, however, will have added benefits as described below:

A. Natural Persons And For-Profit Entities: This category is for Contestants and Sponsors that may be human beings as well as businesses, validly incorporated, with the goal of remuneration as opposed to seeking some philanthropic purpose.

B. Non-Profit Entities: These entities are typically organized under Section 501(c)(3) of the United States Internal Revenue Code. In order to enjoy the benefits of being a Contestant or Sponsor that is also a not-for-profit, the entity must submit proof that the IRS has granted that Contestant or Sponsor non-profit status (e.g. Entity Determination Letter.) Benefits include:

1. An unlimited amount of time for raising of capital 2. An unlimited capital to be raised. Note, Paragraph 11 below, “All Or Nothing Policy” does not apply to Non-Profit Entities.

3. Contestant Registration. To be eligible to solve doGood Contests (as further described below) and access information in the Project Rooms, you must register as a Contestant and agree to the additional terms and conditions set forth in the Contest-Specific Contestant Agreement that may be applicable to individual doGood Contests. You may cancel your registration at any time by contacting support@doGood.io. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications, and ability to transact business. You may not use a login name of another Contestant. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify doGood at support@doGood.io of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).

4. Others’ Information. doGood does not guarantee the accuracy of the Site or ownership of any information in a doGood Contest Statement or the availability of any Award, unless otherwise stated in a doGood Contest Statement. While doGood believes such information to be posted in good faith, doGood does not control the information provided by others that is made available through the Site. Other user’s information may be inaccurate. You agree to look solely to the Sponsor for any claims you may have regarding their information. If you have a dispute with another user of the Services, you hereby release doGood from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

5. Your Information. You may have the opportunity to communicate with other users. Any information you provide to doGood or other users during your registration or use of the Services, in any public message area, through any mail feature, or otherwise generated out of your use of the Services, is subject to the following: A. Your Content. You are solely responsible for the content of your information, postings, or Proposed Solutions. doGood acts merely as a conduit for the distribution and/or publication of that information. doGood reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if doGood believes information is inappropriate for the Site or the Services, may create liability for doGood, or may cause doGood to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge:
1. infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy,
2. violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or
3. be libelous, unlawfully threatening, or unlawfully harassing. You may be asked to make legally binding warranties and representations to doGood and the Sponsor in relation to a Proposed Solution that you submit.
B. Privacy. doGood will only use your information in accordance with its Privacy Policy as posted on the Site http://www.doGood.io/privacy
6. Additional Conditions Regarding Proposed Solutions. If you submit a Proposed Solution in response to a doGood Contest Statement, you agree that you are the owner of the submitted Proposed Solution and that you are legally free to make the disclosure and to convey the intellectual property rights being offered to the Sponsor. You also agree that your Proposed Solution is subject to the additional terms and conditions in any applicable Contestant Agreement or Contest-Specific Agreement.
7. Exclusivity. The Fundraiser shall not, directly or indirectly, run or be associated with any other crowdfunding campaigns on any other platform, or directly or indirectly, run an independent or separate crowdfunding campaign at any time during the period the Fundraiser is crowdfunding on doGood.
A. The Fundraiser shall be liable for any and all damages or losses, including indirect or consequential damages or losses, arising from or in relation to the breach of the above exclusivity clause and the Fundraiser agrees to indemnify and hold doGood harmless in case of any such damages or losses.
8. Campaign setup. Fundraisers are solely responsible for creating their own campaign pages within the format provided by doGood. Fundraisers must source all relevant content including text, images, and videos themselves. You further agree that your content or any other submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Site all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your submitting content to the Site or doGood’s publishing or hosting of the content as contemplated by these Terms of Use. The use or other exploitation of content by doGood and Users as contemplated by this agreement will not infringe or violate the rights of any third party.
A. Furthermore, all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. doGood will not be liable for any errors or omissions in any content. doGood cannot guarantee the identity of any other Users with whom you may interact while using the Site.
B. All content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
C. No campaign with doGood can launch before doGood has approved all the campaign page elements i.e., the pitch video, Contribution content, images, team bios etc. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content.
D. doGood’s feedback to change the elements, if given to the Fundraiser, must be implemented by the Fundraiser.
E. doGood holds the right to disallow unsatisfactory campaigns from going live on our platform.
9. Campaign Target And Timeline. The Fundraiser is not allowed to change the funding goal and/or time period, after his campaign has one live and made available to public on doGood.
10. Campaign Marketing. The Fundraiser is solely responsible for marketing his/her/its/their campaign to friends, family members, and fans, through various online & offline channels. doGood will only provide marketing guidance in the form of a pre-live marketing strategy and marketing tips & tricks post campaign launch.
A. If a Fundraiser has paid for Digital marketing and PR services to doGood, the services provided are only restricted to running Facebook ads and getting the digital and press media to cover the campaign. However, doGood does not, under any circumstances whatsoever, guarantee campaign success. All risk in relation to the success or failure of the campaign shall lie solely with the Fundraiser.
B. doGood may, at its sole discretion, showcase live campaigns in the “Browse” section of its website. doGood also reserves the right to select and/or market any campaign as “Favorites” or in its periodic communications to its database or on its Facebook and Twitter profiles. Campaign performance may influence selection but does not ensure it.
11. All Or Nothing Policy. For-profit entities that create campaigns must have a funding goal and only up to 60 days to reach this funding goal. If the campaign does not reach its funding goal within this time period, the funds collected are returned to the Funders by doGood. All payments shall be refunded via their original modes of payment. In such cases, doGood shall not levy its commission. All refunds shall be processed within 15 days of the campaign end date.
A. doGood does not offer refunds. Responsibility for finishing a project lies entirely with the project creator. doGood doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not and will not offer refunds, except for failure to meet funding goals.
12. Keep What You Raise. It will not be necessary for non-profit entities that create campaigns to have a funding goal or a time limit for their campaign. However, proof of non-profit status must be provided to doGood to establish your status as a non-profit. These entities are typically organized under Section 501(c)(3) of the United States Internal Revenue Code. In order to enjoy the benefits of being a Contestant or Sponsor that is also a not-for-profit, the entity must submit proof that the IRS has granted that Contestant or Sponsor non-profit status (e.g. Entity Determination Letter.) Only after doGood approves a Fundraiser’s non-profit credentials would that Fundraiser be able to start a campaign without a time limit or fundraising goal.
13. Payment of Awards. Payment of Awards will be handled in accordance with the terms set forth in the doGood Contest Statement and/or its applicable Contestant Agreement. The conditions for qualifying for a particular Award shall be as set forth on the Site in connection with that particular doGood Contest Statement and Award and may include a list of excluded solutions. The decision as to qualifying criteria and conditions and whether to accept a Proposed Solution is entirely within the discretion of the Sponsor.
14. Use Of Funds. The Fundraiser must use the funds collected through doGood solely for the project described in their crowdfunding campaign. Fundraisers shall be liable to legal prosecution by Funders and/or doGood (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue the campaign if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the campaign owner at doGood’s sole discretion.
A. You can refund individual Contributions if you want. After your project has been funded, you can cancel and refund a Funder’s Contribution at any time. If you do, you have no further obligation to that specific Funder, and no agreement exists between you.
15. Project Completion. Neither doGood nor the Site oversees the performance, punctuality, quality, or performance of projects, nor does it guarantee the completion of projects. The responsibility of project completion solely lies with the Fundraiser.
A. Funders agree to not hold doGood (or any of its agents or affiliates) responsible for any of their dissatisfaction related to the project they funded and must deal with the Fundraiser directly. Funders, by making a contribution to a campaign on the Site, are assumed to have understood that projects run the risk of getting delayed or not completing.
B. doGood does not endorse any User Submissions. Users (both campaign owners and Funders), as stated elsewhere in these Terms, release doGood, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
16. Ownership and Limited License.
A. doGood shall retain all ownership in the Site and all content generated by it that is displayed on the Site. doGood grants you a nonexclusive, revocable right to use the Site provided that you do not:
1. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
2. modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by doGood is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of doGood.
Except as set forth in Section 15(B) below, this license does not include any copying or distribution, resale or commercial use of this Site or its contents; any collection and use of any Contest listings, descriptions, or Awards; any derivative use of this Site or its contents; any downloading or copying of Contest information for the use or benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of doGood. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Contest descriptions, images, text, page layout, or form) of doGood without express written consent. You may not use any meta tags or any other “hidden text” utilizing doGood’s name or trademarks without the express written consent of doGood. Any unauthorized use terminates the permission or license granted by doGood. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.doGood.io so long as the link does not portray doGood, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any doGood logo or other proprietary graphic or trademark as part of the link without express written permission
B. The doGood RSS (really simple syndication) service is a means by which www.doGood.io offers feeds of doGood content (“RSS Content”) to visitors who use RSS aggregators. These Terms of Use govern your use of the RSS Content and may be changed by doGood at any time without notice. The RSS Content is offered by doGood for non-commercial use. You must use the RSS Content as provided by doGood, and you may not edit or modify the text, content, or links supplied by doGood. doGood retains all ownership and other rights in the RSS Content. The RSS Content may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable Site page. You may not insert any intermediate page, splash page, or other content between the RSS Content link and the applicable Site page. You must provide attribution to doGood in connection with your use of the RSS Content.
17. Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the Services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law(s); uploading of files or content that contain material that violates the intellectual property rights of doGood and/or any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and doGood expressly disclaims any liability or responsibility thereto.
18. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DOGOOD’S SERVICES ARE PROVIDED “AS IS.” DOGOOD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES CONTEMPLATED BY THESE TERMS OF USE, CONTESTS, ETC.
19. Limitation of Liability and Disclaimer. doGood has no control over, and is not responsible for the acts or omissions of Sponsors, the quality or legality of the Proposed Solutions, Accepted Solutions, or the Awards. doGood does not warrant or guarantee the accuracy or completeness of any doGood Contest Statement, nor endorse any Sponsor.
DOGOOD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE OR ACTUAL ATTORNEYS’ FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES CONTEMPLATED HEREUNDER. UNDER NO CIRCUMSTANCES WILL DOGOOD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF $10.00 REGARDLESS OF THE CAUSE:
A. Notwithstanding any limitation in this agreement, you shall indemnify doGood to the fullest extent permitted by applicable law if doGood is a party to or threatened to be made a party to any proceeding (including a proceeding by or in the right of doGood to procure a judgment in its favor) against all expenses, judgments, fines and amounts paid in settlement actually and reasonably incurred by doGood in connection with the proceeding.
B. It is further expressly agreed that this indemnification is one way and that under no circumstances will doGood indemnify or hold harmless you in the event of a loss, proceeding, judgment, fine, or settlement.
C. In making a determination as to entitlement to indemnification, a judge, mediator, or arbitrator shall, to the fullest extent not prohibited by law, presume that doGood is entitled to indemnification under this agreement.
D. You will, to the fullest extent not prohibited by law, have the burden of proof to overcome the presumption that doGood is not entitled to indemnification.
E. Any amendment, alteration or repeal of this indemnification obligation that adversely affects any right of doGood or its successors or assigns shall be prospective only and shall not limit or eliminate any such right with respect to any proceeding involving any occurrence or alleged occurrence of any action or omission to act that took place before such amendment or repeal.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within six (6) month’s after such claim or cause of action accrues, or be forever barred.
20. Harmful Substances. PLEASE NOTE THAT UNDERTAKING WORK RELATED TO DOGOOD CONTEST STATEMENTS POSTED ON THE SERVICE MAY REQUIRE THE USE OR SYNTHESIS OF BIOLOGICS OR CHEMICALS THAT COULD BE MUTAGENIC, TOXIC, CARCINOGENIC AND/OR OTHERWISE HARMFUL TO YOU AND/OR ANYONE ELSE THAT IS EXPOSED TO THEM. AS SUCH, YOU UNDERTAKE THE CREATION AND DISSEMINATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK AND FURTHER AGREE TO DEFEND AND HOLD DOGOOD HARMLESS IN THE EVENT A THIRD-PARTY IS INJURED AS A RESULT OF YOUR SOLUTION.
21. Other Contracts, Confidentiality, and Indemnification. You agree that you will not disclose to doGood or its affiliates, or to any Sponsor, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Sponsor related to any doGood Contest, unless you are specifically working within the confines of a section of doGood that you have set to Private or hidden from public consumption. Any information which is hidden from the view of those who do not have permissions set as members of a Project, or is on any page on which a switch is set to Private, shall be deemed “confidential information” for purposes of this Section 13. Should your participation in the Service be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 13, you agree to defend, indemnify and hold harmless doGood and Sponsor, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.
“Confidential Information” means all confidential or proprietary information received by either party from another party relating to any: use, process, method, compounds, formulations, clinical data, test results, formulas, models, flow charts, software, source code, price lists, marketing plans, pricing policies, business plans, financial information and projections, employee files, trade secrets, suppliers’ identities, products, marketing techniques, research projects, whether oral or in any media or form.
22. Third-Party Web Site Links. The Site may contain links to web sites operated by parties other than doGood. Such links are provided for reference only and doGood does not control such web sites and is not responsible for their contents. doGood’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
23. No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of doGood or its affiliates. This agreement shall have no third party beneficiaries, other than those Sponsor(s) in accordance with the terms of the applicable Contestant Agreement or Contest-Specific Agreement.
24. Intellectual Property. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of doGood or its Sponsors and protected by United States and international Intellectual Property laws. The compilation of all content on this site is the exclusive property of doGood and protected by U.S. and international Intellectual Property laws. All software used on this site is the property of doGood or its software suppliers and protected by United States and international copyright laws.
“Intellectual Property” means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and registration of such worldwide, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information.
A. Copyright Issues. doGood takes allegations of Copyright infringement seriously. The Digital Millennium Copyright Act (“DCMA”) lays out a system of legal requirements for dealing with allegations of Copyright infringement. doGood complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (This when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
Linked Think, LLC dba doGood
Attn: Copyright Agent
3525 Del Mar Heights Rd. Ste. 1036
San Diego, CA 92130
copyright@dogood.io

25. Miscellaneous. This Terms of Use shall be interpreted in accordance with the laws of the State of California, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Terms of Use will occur in San Diego, California. This Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Terms of Use (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between doGood and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by doGood with respect to the subject matter except as set forth herein. You shall not assign this Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law. The governing language of these Terms of Use and the Privacy Policy is English. Any attempt by any party, inclusive of their parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors, heirs and assigns thereof together with all of the present and former directors, officers, attorneys, agents and employees of any of the foregoing, to disclaim or void this Terms of Use based on lack of knowledge or understand of the English language she be void an unenforceable.