(If you are a User having your usual residence in the US)
Last updated: December 2020.
Welcome to Move the Chain (the “Platform”). The Platform is provided and controlled by Move the Chain, Inc. and its affiliated entities (collectively, "Move the Chain ", " us" or " we").
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, BY USING THE MOVE THE CHAIN SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We provide a Platform for Users – individuals, entities, nonprofit organizations, etc. – to create “challenges” or calls to action to bring attention to social campaigns, programs, and fund-raising efforts (“Causes”). Through Move the Chain, Users may pledge and make payment on donations to nonprofit organizations.
All Causes must be created on behalf of nonprofit organizations, established as such under the applicable jurisdictional laws (hereinafter: Beneficiaries). All United States Beneficiaries must be either a 501(c)(3), (C)(4), or other nonprofit organization with the purpose of accepting funds for charitable purposes.
We partner with PayPal Giving Fund (“PPGF”) to recommend nonprofit organizations to support. We access a database maintained by PPGF of nonprofit organizations participating in PPGF’s programs.
PPGF is a grant-giving IRS-registered 501(c)(3) public charity (Federal Tax ID: 45-0931286) that aims to inspire a new wave of philanthropy by making giving part of everyday life. PPGF is the receiving charity of record for any donation made through its programs.
PPGF ensures all charities have met the eligibility requirements in the Nonprofit Certification Policybefore including them in their programs. You can learn more about how PPGF grants funds to charities by reviewing their Donation Delivery Policy. We are not responsible to validate the legitimacy and/or status of the nonprofit organizations included in the database.
As a donor, you should get a tax receipt from PPGF for each tax-deductible donation you make. PPGF sends tax receipts to donors by email.
We partner with PPGF to ensure your charitable donations benefit the nonprofit organizations of your choice. PPGF receives donations from Users as charity of record on our Platform and provides you with the donation receipt. PPGF then grants the funds to the nonprofit you recommended on our Platform, subject to its terms.
Donations are subject to PayPal’s payment processing fees, and PPGF makes grants to benefitting charities net of those fees.
Whether a charity is enrolled in PPGF determines the method and speed at which funds are granted. Pending distribution of grants, PPGF holds all donations in a secure, non-interest bearing bank account. The charity you recommend will typically receive the funds within 15-45 days of your original donation, or within 90 days if the charity has not enrolled with PPGF.
This doesn’t happen often, but if, after reasonable efforts, PPGF cannot deliver donations to the charity you recommend, it will whenever possible seek a new recommendation from you, and if no recommendation is given, will reassign the funds to another charity, which has been vetted by PPGF.
All refunds for Causes are handled by us. We are responsible for handling or communicating the refund policy and work with our payment processor to process the refunds. Donations processed are not typically refundable. In exceptional circumstances, you may be able to request a refund up to 60 days after the donation date, subject to PayPal Giving Fund’s refund policy and provided that the funds have not already been granted to your chosen charity. The donation amount less the processing fee will be returned to the Donor. Donations older than 60 days will not be refunded.
You should contact Move the Chain concerning a refund, by emailing us at [email protected]
While accessing our Services and Platform, you are responsible for the following:
Users acknowledge that they are required to provide and maintain complete, true, and accurate information about themselves and their Causes on the Platform. You acknowledge and agree that all information shall be current and otherwise up to date.
Move the Chain reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
To access or use some of our Services and Platform, without limiting the foregoing, you agree:
Additionally, with respect to all donations you make or accept through the Services, you agree:
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Platform, you agree not to:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
Guidelines for including music in videos: Under these Terms, you can only post Contributions to the Platform if it doesn’t violate someone else’s intellectual property rights. Move the Chain has added a Music Library which includes a list of royalty-free music that can be accessed for use on the Platform: [https://freemusicarchive.org/]. If you choose to use sounds beyond what is available in the Music Library for your Contribution, you are responsible for obtaining the appropriate license. The best way to help make sure that what you post to the Platform doesn’t violate copyright law is to only post Contributions that you’ve created yourself.
Other Submissions:You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You acknowledge that Move the Chain has no obligation to you to retain data relating to any account or Cause. You acknowledge that we reserve the right to delete data or to terminate accounts or Causes at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Causes or nonprofit accounts, in which case Move the Chain will provide reasonable notice where possible.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
These Terms shall be governed by and defined following the laws of the State of Connecticut, USA. Move the Chain and yourself irrevocably consent that the courts of Fairfield County, Connecticut shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ONE HUNDRED U.S. DOLLARS ($100.00). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION—IN OR OUTSIDE OF THE UNITED STATES—YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Move the Chain, Inc., 138 W Hill Road, Stamford, CT, 06902. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We provide a Platform for Causes but advises that all information relating to Causes is for informational purposes only. The accuracy, completeness, reliability, etc. is not guaranteed by Move the Chain. You are advised to consult applicable legal, financial, tax or other professionals where applicable. Move the Chain does not provide and does not intend to provide any legal, financial, tax or other professional advice. By accepting these terms, you accept that all information, content, Cause content, etc., provided by the Platform are to be used at your sole risk.
We provide the technology for the creation of Cause campaigns and awareness and between Users and their selected Causes. We do not control the content or conduct of information provided by Users or Causes. We do not solicit donations. We do not endorse any Cause and disclaims liability for content and conduct of Users and Causes, express or implied, to the fullest extent of the law. We do not guarantee donation amounts and/or the success of a given Cause.
Donations are made at your own risk. Move the Chain is not responsible for conduct taken by Beneficiaries in regard to funds received from Causes. Move the Chain merely provides the technology for the creation of Causes and awareness between Users and their selected Causes. It is your responsibility to ascertain the Cause’s purpose and intended use of donations collected. Move the Chain does not guarantee that Beneficiaries will use funds for the specified reasons described by the Cause. That being said, Move the Chain does not allow or endorse any type of fraud and will investigate all allegations of fraud and report findings to the applicable law enforcement agency.
Donations are made to Causes with the understanding that funds will be used at the discretion of the Beneficiary. Cause descriptions are intended to be non-binding recommendations as to the use of the funds by the Beneficiary.
Move the Chain does not represent that any or all donations or fees are tax exempt, deductible or otherwise entitled to any credit. Move the Chain has no liability for any claims whatsoever regarding a tax return or liability on any donations made to or from a User or cause.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Website Disclaimer: The information provided on our Platform is for general informational purposes only. All information on the Platform is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Platform. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM OR RELIANCE ON ANY INFORMATION PROVIDED ON THE PLATFORM. YOUR USE OF THE PLATFORM AND YOUR RELIANCE ON ANY INFORMATION ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.
External Links Disclaimer: The Platform may contain (or you may be sent through the Platform) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE PLATFORM OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Testimonials Disclaimer: The Platform may contain testimonials by Users of our Platform and/or services. These testimonials reflect the real-life experiences and opinions of such Users. However, the experiences are personal to those particular Users, and may not necessarily be representative of all Users of our products and/or services. We do not claim, and you should not assume, that all Users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Platform are submitted in various forms such as text and/or video, and may not be reviewed by us before being posted. They appear on the Platform verbatim as given by the Users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual User and do not reflect our views and opinions. We are not affiliated with Users who provide testimonials, and Users are not paid or otherwise compensated for their testimonials.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple
Notice regarding Google Play
Questions, comments and requests regarding this policy should be addressed to:
Mailing address: 6 Landmark Square, 4th Floor, Stamford, CT 06901
Contact us: [email protected]