Goodness Giveaway

#CapstoneCelebration

Welcome to Goodness Giveaway!

We create innovative technologies and services that allow companies to connect with millions and authentically change the world together. These Terms govern your use of all our products, features, apps, services, technologies, and software we offer. These Products are provided to you by Goodness Giveaway Inc.

We don’t charge you to use Goodness Giveaways or the other products and services covered by these Terms. Instead, businesses and organizations pay us to help them connect with users and distribute their funds to your charity of choice.

You (“You”) are entering into this contract with Goodness Giveaway Inc. (also referred to as “our” , “we”, “us”).

Services

This contract applies to your use of our Services, our Website and our Apps. These Terms of Use apply to all users of the website, including those who view or participate in the giveaways and content, on or available through the website.

The Goodness Giveaway Service allows individuals and corporations to make monetary donations to charity organizations and to see those donations, as well as share those actions to inspire other Users to do the same.

The Service is available to the general public, charity organizations and companies. In order to use the Service, you may be asked to register your name, email, social media accounts, (if you want to receive charitable tax receipts for your qualifying donations) you may also be asked to provide your mailing address. All personal information will be handled in accordance to our Data Policy.

Notices and Messages

You agree that in connection with your use of the Service, we may send you service announcements, administrative messages and other notifications and information via the website or email. You agree to keep your contact information up to date.

Rights and Limits

License of rights

You retain the rights to any content that you submit, post or display on or through the Services. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license to use, copy, modify, transmit, display and distribute such User Content subject to these Terms of Use.

We will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights herein to any User Content that you submit.

Proprietary Rights

All right, title and interest in and to the Service, excluding User Content, are and will remain our exclusive property and the property of our licensors. The Service is protected by copyright, trademark, and other laws of Canada, United States of America, and other foreign countries. Nothing in the Terms of Use gives you a right to use the Goodness Giveaway name, logo, website, and any other product and service names that we may present on the Site and/or the App, or any of the trademarks, logos, domain names, and other distinctive brand features of the foregoing. Any feedback, comments, or suggestions you may provide regarding the Website and Service is entirely voluntary and we will be free to use the feedback, comments or suggestions as we see fit and without any obligation to you.

Responsibility for Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the website by Users or Viewers, is the sole responsibility of such viewers or users. We do not control or actively monitor User Content, and, as such, does not guarantee the accuracy, integrity or quality or such content.

Under no circumstances will we be liable, in any way, for any materials, including, but not limited to: materials that are offensive, indecent or objectionable, for any errors or omissions in any materials, or for any loss or damage of any kind as incurred as a result of the viewing of any materials posted, emailed, transmitted or otherwise made available via the service.

Users and Visitors are not permitted to post offensive, indecent, or objectionable content on our website, applications, or related digital properties.

We reserve the right at all times to remove or refuse to distribute any content and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to.

You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Data Policy and your choices.

You promise to only provide information and content that you have the right to share, and that any information shared on our website will be truthful. You agree to only provide content or information that does not violate the law or anyone’s rights.

Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes may be effective without notice.

Donations and Fees

If you are an individual or entity that is making a donation (“Donor”), you are solely responsible for ensuring that you have selected the correct organization to make a donation to, and for informing yourself of the tax implications of making each donation. All donations made using the Service are made as unrestricted gifts, meaning they may not be specified for any particular purpose.

Donation payments are final and non-refundable or reversible. We hold donations in a bank account and then forward them to charities at intervals determined by us and the charities. Payment intervals range from as frequently as monthly but no less frequently than quarterly. We has no affiliation with any of the charities represented in the Service, whether on the App, or on the Website, and cannot verify the information provided.

By making a donation using the Service, you authorize us or our affiliates to act as your agent to: (I) hold funds received from you in a bank account until the relevant payment interval occurs; (II) remit funds received from you less the Service Fee (as defined below) to the designated not-for-profit or charitable entity (III) in the event that the charity you designated refuses or is otherwise unable to accept the funds donated by you, you agree that we may, at our discretion, give such funds to another similar charity as determined by us. (IV) A 7.8% fee will be deducted from the funds forwarded to the charity by the service provider that digitally disburses the funds to charities and provides tax receipts. (V) if a user is giving away dollars from a partner, they must abide by that partner’s giving criteria; which may exclude charities or donations based on but not limited to: location, category, timeline, maximum number of donations per company or some other basis as determined by them. We reserve the right to change or revoke donations that do not align with its partners charitable giving criteria.

Giveaway Guidelines

In using the Goodness Giveaway website or other digital services you shall not:

1. Copy any content (including ay User Content or any other content of the Service, Website or App) unless expressly permitted to do so herein; 2. Upload, post, email, transmit, or otherwise make available any material that: a. Is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethically objectionable, encourages criminal behaviour, gives rise to civil liability, violates under any law, or is otherwise objectionable. b. You do not have a right to make available in such manner (whether under law, under a contractual relationship or otherwise); c. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights) d. Is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation e. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment or data, or the Website or that of any users or viewers of the Website or that compromises a User’s privacy f. Contains any falsehoods or misrepresentations or create an impression you know is incorrect, misleading or deceptive, or any material that could damage or harm minors in any way 3. Impersonate any person or entity or misrepresent their affiliation with a person or entity 4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization. 5. Interfere with or disrupt the Website or servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, or probe, scan, or test the vulnerability of any system or network or breach, or circumvent any security or authentication measures 6.Intentionally or unintentionally violate any applicable local, state, national or international law or regulation 7.Collect or store personal data about other users or viewers 8.License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website 9. Modify, translate, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by law.

You also agree not to access the website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

Additional Provisions

Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Your use of our website after any changes to these Terms of Use shall signify your acceptance of such revised terms. Any new features that may be added to this Website will be subject to these Terms of Use, unless stated otherwise. If you object to any changes, you may close your account.

Account suspension or termination

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.

Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. WE MAKE NO REPRESENTATION AND DO NOT GUARANTEE THAT ALL OR ANY PORTION OF THE FUNDS DONATED USING THE SERVICE ARE TAX DEDUCTIBLE. WE SHALL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL, PROVINCIAL OR STATE TAX AUTHORITY WITH RESPECT TO THE CHARACTERIZATION BY YOU OR ANY USER OF FUNDS DONATED USING THE SERVICE ON ANY APPLICABLE FEDERAL PROVINCIAL AND STATE TAX RETURNS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, GOODNESS GIVEAWAY APP OR THE SERVICE, (II) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OUR WEBSITE. (V) ANY LOST PROFITS, REVENUES, REPUTATIONAL DAMAGE, INFORMATION OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE GOODNESS GIVEAWAY PRODUCTS. THESE LIMITATIONS SHALL APPLY 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 DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

YOU SHALL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS" FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website, the Service or portions thereof. Termination of your access to the Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by us shall be in addition to any and all other rights and remedies that we may have.

Waiver and Severability

Failure by us to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the province of Alberta without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Alberta, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.