Terms of Use - Kristof Holiday Impact Prize

These Terms of Use (the “Agreement”) are between the user (“you” and “your”) and Focusing Philanthropy, Inc. (together with our affiliates, service providers, and partners, “Focusing Philanthropy”, “we” and “us”) and governs your use of the www.focusingphilanthropy.org web site, and any successor web site(s) (the “Web Site”), the materials and information posted on it, and the services provided by Focusing Philanthropy through the Web Site (“Services”), which permit you to make donations, to submit user content, or to use any other functionality offered through the Web Site.

1. Acceptance of Terms and Supplementary Terms. Focusing Philanthropy operates the Web Site subject to this Agreement, including the “Privacy Policy”, which is hereby incorporated herein by this reference. If you are an individual accepting this Agreement on behalf of an agency or entity, you represent and warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement. BY USING OUR WEB SITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITE AND YOU MUST EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN) FROM TIME TO TIME WITHOUT NOTICE. BY CONTINUING TO USE THE WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY SUCH NEW AGREEMENT.

2. Donated Funds. Focusing Philanthropy attempts in good faith to honor all donor preferences indicated at the time the donation is made. You acknowledge that Focusing Philanthropy engages in ongoing monitoring and communication with supported nonprofits to ensure donations to such organizations are used to carry out the functions and purposes intended by Focusing Philanthropy. In order to assure that you receive tax deductibility as allowed by IRS regulations, Focusing Philanthropy retains full control of the donated funds and discretion as to their use. In the event that (i) a designated recipient organization is not approved at the time of disbursement, or (ii) a designated recipient organization is fully funded or otherwise unable or unwilling to accept the funds, or Focusing Philanthropy reserves the right to redirect the donated funds or refund the donation. Focusing Philanthropy, and its affiliates, and its and their trustees, directors, officers, employees, agents, or assigns, shall not be liable for any failure to direct funds in any specific manner.

3. Account Registration and Security. You understand and agree that you may be asked to provide certain information, such as your name and contact information in order to donate funds or submit content. As such, you agree to provide true, accurate, current, and complete information about yourself or your business. You understand and acknowledge that Focusing Philanthropy may rely on this information for various purposes, including, but not limited to, written acknowledgements of donations for tax purposes. You understand and acknowledge that you are solely responsible for any inaccuracies in the information you provide.

Focusing Philanthropy reserves the right, in its sole discretion, to suspend or terminate all current or future use of the Web Site (or any portion thereof).

4. Rules of Conduct. Your use of the Web Site is expressly conditioned on your responsible and lawful participation in the Web Site community.

You agree that you will not, without our express prior written consent:

•modify, adapt, translate, reverse engineer, decompile, disassemble, frame, mirror, reproduce, duplicate, copy, sell, resell or otherwise exploit any element of the Web Site outside of the license granted in Article 7;

•remove any copyright, trademark or other proprietary rights notice from the Web Site or any materials posted on or originating from the Web Site;

•use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather Web Site content, or reproduce or circumvent its navigational structure or presentation;

•take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure or interrupt the operation of the Web Site in anyway; or

•bypass any measures we may use to prevent or restrict access to any material, other accounts, computer systems or network connected to any Focusing Philanthropy server or to any part of the Web Site.

You are permitted to create and use hyperlinks to this Web Site provided that they and their use comply with all applicable laws, rules and regulations. Focusing Philanthropy reserves the right to rescind this right at its sole discretion and prohibit you from creating, removing and using any hyperlinks to this Web Site each at its sole discretion.

Violations of this Agreement may subject the violator and the violator’s agents to civil and criminal penalties.

You understand, acknowledge and agree that Focusing Philanthropy may add or remove information or content from the Web Site, including information about any recipient organization, the ability to donate to any such recipient organization and any reference thereof from the Web Site, at its sole and absolute discretion.

5. Intellectual Property Ownership. All of the content featured or displayed on the Web Site, including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Focusing Philanthropy, its licensors, vendors, agents and/or its Content providers. The Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, patent and other laws relating to intellectual property rights.

Focusing Philanthropy has obtained special permission to display the proprietary material of recipient organizations including their copyrights, tradenames and logos. You may not, in any way, use these copyrights, tradenames and logos for any reason without express written authorization.

Except for personal, informational or non-commercial purposes, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of Focusing Philanthropy or its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed.

6. Trademarks. All trademarks, service marks and trade names of Focusing Philanthropy or its partners, vendors or licensors used herein (including, but not limited to, the Focusing Philanthropy name, the Focusing Philanthropy logo, the names of recipient organizations and the logos of recipient organizations) (collectively “Marks”) are trademarks or registered trademarks of Focusing Philanthropy or its partners, vendors or licensors.

7. License. Subject to your compliance with this Agreement, Focusing Philanthropy hereby grants to you a limited, non-exclusive, revocable (in Focusing Philanthropy’s sole discretion) license to access and use the Web Site and download and print the content and information on or made available through the Web Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other internet, intranet or extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. Focusing Philanthropy and its licensors reserve all rights not expressly granted in and to the Web Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Web Site).

8. Third-Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Focusing Philanthropy. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. We are not responsible for any content, materials or other information located on or accessible from any other web site, nor any products or services that you buy from any other web sites or any donations made through any other web sites. We do not endorse, guarantee or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the products or services that you may obtain from using any other web sites or how any donations you make through such web sites will be used. We do not assume any responsibility for, and will not be liable for, any damages to, or any viruses, Trojan horse worms, or any destructive element that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web Site or any other web sites linked to or from this Web Site. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

9. Force Majeure. Neither Focusing Philanthropy nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.

10. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. FOCUSING PHILANTHROPY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE OR ANY CONTENT, SERVICE, MATERIAL OR FEATURE OF THE WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED, OR YOUR USE OF THE WEB SITE WILL PROVIDE ANY SPECIFIC RESULTS. FOCUSING PHILANTHROPY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, YOUR USE OF THE WEB SITE. FOCUSING PHILANTHROPY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND FOCUSING PHILANTHROPY DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

11. LIMITATIONS OF LIABILITY. Focusing Philanthropy will not be liable for any loss or damage arising from your failure to comply with this Agreement. Focusing Philanthropy does not assume any responsibility for, and will not be liable for, any damages to, or any viruses, or any destructive element that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. we reserve the right to modify the Web Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Web Site in our sole discretion, with or without notice. IN NO EVENT WILL FOCUSING PHILANTHROPY AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FOCUSING PHILANTHROPY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IF THE PRECEDING TERM IS FOUND UNENFORCEABLE, FOCUSING PHILANTHROPY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE SHALL NOT EXCEED THE GREATER OF (I) TWENTY-FIVE DOLLARS ($25.00), OR (II) THE LOWEST AMOUNT ENFORCEABLE UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THIS LIMITATION OF RELIEF IS AN INTEGRAL PART OF THE BARGAIN BETWEEN THE PARTIES.

12. Indemnity. You agree to indemnify and hold Focusing Philanthropy and its affiliates, and its and their trustees, directors, officers, employees, agents, or assigns, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your use of the Web Site or your placement or transmission of any message or information on this Web Site by you or your authorized users; (b) your violation of any of this Agreement, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (d) your violation of any law, rule or regulation of the United States or any other country.

13. Release. In the event that you have a dispute with one or more other users of the Web Site, you release Focusing Philanthropy and its affiliates, and its and their trustees, directors, officers, employees, agents, or assigns, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. Termination. You or we may suspend or terminate your use of this Web Site at any time, for any reason or for no reason. We may also block your access to our Web Site in the event that (a) you breach these Terms and Conditions or (b) we believe that your actions may cause financial loss or legal liability for you, our users or us.

15. General. Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of Los Angeles. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Focusing Philanthropy in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Those provisions that, by their nature, should survive any termination of this Agreement shall survive any termination of this Agreement, including Articles 11 (Limitations of Liability), 12 (Indemnity), 13 (Release), and 15 (General) of these Terms of Use.

In addition to all other remedies available to us, in the event of any breach or threatened breach of this Agreement, we shall be entitled to equitable relief by way of temporary restraining order, temporary and permanent injunction, specific performance and such other and further relief as any court with jurisdiction may deem proper without the need prove irreparable harm, or to post a bond or other securities.

16. Entire Agreement. This Agreement, together with all policies referred to herein, including the Privacy Policy, are the entire agreement between the user and Focusing Philanthropy and supersede any prior understandings or agreements (written or oral).

17. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us via our contact page.

Date of Last Update: November 9, 2023