Terms of Use

Last Updated / Effective Date: May 27, 2014 AD / Rajab 27 1435 AH

Summary

Welcome to the makmad.org website (the “Website”) operated by makmad.org e.V. (“makmad”, “we,”, or “us”). By using the Website, you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and by our Privacy Policy available at www. makmad.org/privacy, which is incorporated here by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by makmad from time to time by posting from a link on the Website. You agree to be bound by such revised terms as they may be posted from to time and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the Website.

Donating on makmad.org

Tax-Deductible Contributions to Charitable Causes

Donations made on the Website in support of Charitable Causes are complete and final charitable gifts to makmad.org e.V. and are not refundable. makmad.org e.V. is a tax-exempt public charity described in Section 52 of the Internal Revenue Code of the Federal Republic of Germany which maintains a donor-advised fund. A donor-advised fund (“DAF”) is defined by § 58 Nr. 1 AO as a public charity that receives completed gifts from donors while allowing them the privilege of advising on the distribution of their grant to other charities and charitable causes. Normally your donation to a Charitable Cause made through the Website goes to and will be receipted by makmad.org e.V. as a donor-advised contribution. makmad.org e.V. makes every effort to honor donor advisements and is authorized to do so for advisements to projects appearing on the Website. Occasionally, for specific fundraising events, makmad.org e.V. will collaborate with other local public charities. In those cases, the event website and other publicity will indicate if contributions will be receipted directly by the local charity, instead of by makmad.org e.V.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Makmad may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Website, for the authorized credit card holder to utilize in order to make a donation.

No Goods and Services in Exchange for Donations to Charitable Causes

Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as makmad.org e.V. We may therefore only accept pure contributions and not part gift and part sale transactions.

Ultimate Responsibility for Donor Expressions of Preference about Use of Funds

The Website provides an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable Registered Charity Admin(s) and/or Fundraising Page Admin. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and makmad.org e.V. is not responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations.

Donor Information

Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation . Unless you indicate at the time of making your donation that you would like to remain anonymous, we will make available to the Fundraiser online reports identifying, where available, your name, address, email, and transaction accounting details.

If applicable, donor information will also be shared with organizations administering giving events in which the donor participates, unless the donor indicates at the time of making your donation that they wish to remain anonymous.

makmad.org e.V. Reporting

If you receive a re-grant of funds from makmad.org e.V., then you may request in writing a report from makmad.org e.V. of aggregate contributions received over the course of the calendar year within 10 business days after makmad.org e.V. receives the request.

makmad.org e.V. Financial Information

makmad.org e.V. files the annual Form Gem 1 with the Internal Revenue Service and has its financial statements audited annually by an independent certified public accountant. The IRS Form Gem 1 and audited financial statement will be available on-line by clicking here and upon request by emailing [email protected]

Conduct and Content on makmad.org

Website Content and Intellectual Property

Website Content

The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Website and all Tools, and that is used by makmad in conjunction with the services they are providing (other than User Content as defined further below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Website (collectively, “Website Content”), are owned by makmad.org e.V., its licensors, or contributors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from makmad.org e.V., its licensors, or contributors.

Use of Logo

You may refer to makmad with its logo in a generic “fair use” manner without using any of its Logos, or other trademarks for you own commercial activities. Allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Please review our Logo Guidelines.

Makmad’s Trademarks

Makmad grants you a limited, non-exclusive, royalty-free license to use the trademark “makmad” solely for your Fundraising purposes of raising funds for makmad.org e.V. Makmad reserves the right to monitor your use of its trademark “makmad” and to require that you use it in conjunction with its quality control criteria or standards. Makmad reserves the right to refuse or revoke permission to use the “makmad” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in makmad’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishment of makmad’s reputation or goodwill, and/or (e) jeopardy to makmad’s tax-exempt status. You may not incorporate any makmad or makmad trademark within any trademark, trade name, or domain name created by you.

Appropriate User Conduct

You may not use the services provided by makmad or the Website for any illegal or unauthorized purpose. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

Appropriate User Content

The Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Makmad permits you to use the Website, the Tools, and the services provided by makmad subject to your acknowledging and agreeing to the following conditions:

• User Content posted by yourself and other users of the Website does not necessarily reflect our views.
• We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
• You have sole responsibility for your User Content and the consequences of posting User Content to the Website. You bear sole responsibility for the consequences of posting User Content.
• You agree that the User Content will accurately describe the collection and intended use of contributions made via the Website.
• You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.

You agree not to:

• advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising); 
• operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise; 
• upload, post or distribute any User Content which, in makmad’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law; 

You agree not to engage in any conduct that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters; 
• encourages conduct that would constitute a criminal offense or that gives rise to civil liability; 
• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; 
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 
• impersonates any person, business or entity, including makmad, or its employees and agents; 
• violates these Terms or any other policy posted on the Website; or 

By posting, uploading or otherwise sharing your User Content on the Website, you:

• grant to makmad a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Website, sublicensing to cooperation partners, creating derivative works based on the User Content, and/or other uses for promoting makmad; 
• permit, but not require, makmad to identify you as the provider of such User Content; 
• represent and warrant that you have all necessary rights to grant the foregoing permissions; and 
• grant to makmad and other users of the Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others. 

You agree that makmad and have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Website.

You also agree not to upload, distribute, or otherwise publish any User Content to or through the Website that:

• contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer; 
• uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website; 
• constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like; 
• promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; 
• contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission. 

Additional Legal Provisions 

Disclaimer of Warranties
The Website and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any Volunteer Fundraiser, and any donor. Makmad hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Makmad is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation
YOU AGREE THAT NEITHER MAKMAD NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE WEBSITE OR THE SERVICES PROVIDED BY MAKMAD (AND YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

Hold Harmless and Indemnity
Your use of the services provided by makmad is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by makmad or the Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. 

Links to Other Websites and Content
We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser. 

Changes to Services, Website, and the Terms of Use
We reserve the right to modify or terminate the services you are receiving from makmad or the Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Website. When you first register a user account through the Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website. 

Notices
Makmad may provide you with notices regarding the services provided by makmad, the Website, or these Terms by regular mail, email, or postings to the Website. 

International Use
The Website is controlled and operated from within Germany. Makmad makes no representation that the Website is appropriate or available in locations outside Germany. Those who choose to access the Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Germany or your country of residence. 

Term and Termination
These Terms apply to your use of the services provided by makmad and the Website at all times. Makmad reserves the right to change the Website without notice to you, at any time. Makmad reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Website and/or remove any registration information or User Content from the Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Makmad also reserves the right to change the Website without notice to you, at any time. 

Miscellaneous
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without makmad’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
These Terms shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the state or federal courts located in the District of Hanover, Germany and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
Makmad may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason. 

Contact

For questions about these Terms of Use please contact us.

 

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