Terms and Conditions

Terms of Use

Last Updated / Effective Date: 04/24/2015

 

Summary

Welcome to the KigiLove.com website (the “Kigi Love Website”) operated by Kigi Love LLC (“Kigi Love,” “we,”, or “us”) for Kigi Love Foundation. By using the Kigi Love 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 here, 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 Kigi Love from time to time by posting from a link on the Kigi Love 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 Kigi Love Website.

 

Who We Are

Kigi Love LLC

Kigi Love is online platform for non-profits and a social community. Named for the Japanese term meaning “every tree”, we empower individuals to make positive change in every aspect of life. Kigi Love offices are located in Brooklyn, New York and is a registered LLC in the State of Delaware.  Innovative technology has made it possible to provide secure donation processing while also creating a progressive next step in social media. A community with purpose and action to lead the change we wish to see.

Eligibility and Registration

If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public. (You may, however, disable this option at any time via your profile settings).

You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing marcus (at) kigilove.com.

If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.

This site is intended solely for individuals 10 years of age or older. Any use or access of the site from users under 10 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Kigi Love Website.

Charged Back or Refunded Donations

In accordance with IRS regulations, Kigi Love enforces a strict “No Refunds” policy for contributions. However, Kigi Love recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.

A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. Kigi Love staff will provide supporting documentation in an effort to resolve the Charge Back case. However, if Kigi Love is unable to resolve such cases and the case is referred to pre-arbitration, Kigi Love will accept the Charge Back transaction.

A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. Kigi Love retains sole authority to determine the exact criteria of a Gross Error transaction.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the Kigi Love 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. Kigi Love 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 Kigi Love 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 nonprofit such as Kigi Love Foundation. Kigi Love Foundation may only accept pure contributions and not part gift and part sale transactions.

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 Kigi Love Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation.

Kigi Love Foundation Reporting

If you receive a regrant of funds from Kigi Love Foundation, then you may request in writing a report from Kigi Love Foundation of aggregate contributions received over the course of the calendar year within 10 business days after Kigi Love Foundation receives the request.

 

Conduct and Content on Kigi Love

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 Kigi Love Website and all Tools, and that is used by Kigi Love or the Foundation in conjunction with the services they are providing (other than User Content as defined in Section 15 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 Kigi Love Website (collectively, "Website Content"), are owned by Kigi Love or its licensors. 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 Kigi Love or its licensors.

Kigi Love’s Trademarks

Kigi Love reserves the right to refuse or revoke permission to use the “Kigi Love®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in Kigi Love’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 Kigi Love’s reputation or goodwill, and/or (e) jeopardy to Kigi Love’s tax-exempt status. You may not incorporate any Kigi Love or Kigi Love Foundation trademark within any trademark, trade name, or domain name created by you.

Appropriate User Conduct

The services you are receiving from Kigi Love (and the collaborative charitable services you may receive from the Kigi Love Foundation) are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the Kigi Love Website for any commercial purpose, or for any other purpose without our prior written consent.

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

Appropriate User Content

The Kigi Love 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”). Kigi Love permits you to use the Kigi Love Website, the Tools, and the services provided by Kigi Love and by the Foundation subject to your acknowledging and agreeing to the following conditions:

User Content posted by yourself and other users of the Kigi Love 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 Kigi Love 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 Kigi Love 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, including but not limited to that of Charities on the Kigi Love Website.

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 Kigi Love 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 Kigi Love’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, tortuous, 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 Kigi Love, Kigi Love Foundation, or its employees and agents;
  • violates these Terms or any other policy posted on the Kigi Love Website; or
  • interferes with others’ use of the Kigi Love Website or the services provided by Kigi Love and the Foundation.

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

  • grant to Kigi Love and Kigi Love Foundation 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 Kigi Love Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
  • permit, but not require, Kigi Love 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 Kigi Love and Kigi Love Foundation and other users of the Kigi Love 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 Kigi Love and Kigi Love Foundation 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 Kigi Love Website.

You also agree not to upload, distribute, or otherwise publish any User Content to or through the Kigi Love 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 Kigi Love 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 Kigi Love 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 Kigi Love Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Kigi Love 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. Kigi Love 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 KIGI LOVE, KIGI LOVE FOUNDATION, 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 KIGI LOVE WEBSITE OR THE SERVICES PROVIDED BY KIGI LOVE AND BY THE FOUNDATION (AND YOUR USE OF, OR INABILITY TO USE, THE KIGI LOVE WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE KIGI LOVE 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 Kigi Love and by the Foundation 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 Kigi Love or by the Foundation, or the Kigi Love 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 Kigi Love 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 Kigi Love (and the collaborative charitable services you are receiving from the Foundation) or the Kigi Love 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 Kigi Love Website. When you first register a user account through the Kigi Love Website, you accept these Terms of Use if you have not done so before. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Kigi Love 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

Kigi Love may provide you with notices regarding the services provided by Kigi Love and by the Foundation, the Kigi Love Website, or these Terms by regular mail, email, or postings to the Kigi Love Website.

International Use

The Kigi Love Website is controlled and operated from within the United States. Kigi Love makes no representation that the Kigi Love Website is appropriate or available in locations outside the United States. Those who choose to access the Kigi Love 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 the United States or your country of residence.

Term and Termination

These Terms apply to your use of the services provided by Kigi Love and the Foundation and the Kigi Love Website at all times. Kigi Love reserves the right to change the Kigi Love Website without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing marcus (at) kigilove.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Kigi Love Website immediately ceases.

Kigi Love 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 Kigi Love Website and/or remove any registration information or User Content from the Kigi Love Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Kigi Love also reserves the right to change the Kigi Love 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 Kigi Love’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 State of New York without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Kigi Love Website shall be litigated or otherwise heard in the state or federal courts located in Kings County and the parties hereto hereby consent to the exclusive jurisdiction of such courts.

Kigi Love 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 at: marcus (at) kigilove.com