Updated: March 11, 2019

Updates to the Terms:

We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.

Your Registration Obligations:

If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Fundraising Participants must register using their true identities, including their name and any image or video purporting to depict the Fundraising Participants or the beneficiary of such Fundraising Page. Registration data and certain other information about you are governed by our Privacy Policy.

Age: If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian.

Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors), with whom Pledge the Pink has entered into contracts, in order to be able to benefit from their services. If Pledge the Pink or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Fundraising Page is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party payment processors are integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile or fundraising page subject to these Terms. By selecting a user name and any particular URL, you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Pledge the Pink, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Pledge the Pink to identify you by your user name (which may be a pseudonym).

You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Pledge the Pink.

You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Pledge the Pink immediately of any unauthorized use of your password or account or any other breach of security. Pledge the Pink assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Pledge the Pink has the right to reclaim any user names or URLs for any reason.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Passwords should be changed regularly. You agree to (a) immediately notify Pledge the Pink of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Pledge the Pink will not be liable for any loss or damage arising from your failure to comply with this Section.

Public Display:

Donations:

Some of your activity on and through the Services is public, such as content you post publicly on the website. Additionally, user profile information, including your first and last name, public email address, photos, location, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. For example, as a Donor, you have the option to publicly display your Donation for all to see. To keep the details of your Donation private, simply click the “Make this an anonymous donation” checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

Your Content:

By posting, uploading, or transmitting content or information to, or through, the Website you grant Pledge the Pink a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.

Donations:

In order to contribute to a Fundraising Page or to a Charity, a Donor will be required to provide Pledge the Pink information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Pledge the Pink that such information is true and that you are authorized to use the applicable Payment Instrument.

You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless Pledge the Pink, in its sole discretion, agrees to issue a refund.

Pledge the Pink uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraising Page, the Donor is agreeing to any and all applicable terms set forth by our payment partners (Stripe, Inc. & PayPal, Inc.), in addition to these Terms of Service, including Stripe’s terms of service and PayPal’s terms of service.

All donations made to Pledge the Pink are directly deposited in to the account of Pledge the Pink Foundation 501 (c)(3) and are tax deductible in the USA. You will receive a Donation receipt after making a donation. It is your responsibility to keep that for your records. Pledge the Pink has no obligation to retain a copy.

Fundraising Participants:

Any User who creates an account and raises funds through the Services (“Fundraising Participant”) is subject to the following additional terms of these Terms that apply specifically to Fundraising Participants. 


By raising funds through the Services, you represent and warrant that: (a) you are raising money for a 501(c)(3) non-profit organization or another charitable, non-profit or tax-exempt organization (a “Charity”) with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) all donated funds will be used solely for the purpose you have stated on the Services, and under no circumstances may you use the funds for any other purpose. You understand and agree you cannot specify or direct how a Charity may use funds raised.

If you or any other third party offer to match funds raised for a Charity through the Services, you or such third party are solely responsible for providing those matching funds to the Charity and for complying with any legal obligations associated with such a match. Pledge the Pink shall have no responsibility for providing such matching funds, ensuring that you or the third party provides those funds, or ensuring any relevant legal obligations are met.

You may offer non-monetary rewards for Donations. You shall be solely responsible for providing any such non-monetary reward and ensuring such rewards comply with all Applicable Laws.

A third party may choose to join your fundraising team and/or choose your campaign to donate to and may add it to that third party’s page or list on the Services.

Donors:

Any individual, entity or organization that registers as a User and donates funds through the Services (“Donor”) is subject to the following additional terms of these Terms that apply specifically to Donors.

Donor’s Risk:

All Donations are at your own risk. When you make a Donation to a Fundraising Page, it is your responsibility to understand how your money will be used. All donations are directed to our 501(c)(3) Pledge the Pink Foundation and money is distributed to Breast Cancer related beneficiaries but Pledge the Pink is not responsible for any misuse of the Donations. Pledge the Pink is not responsible for any rewards, promotions, Events, or any other offers or promises made by Charities or Fundraising Participants in exchange for Donations.

Donor Commitments:

By donating money through the Services, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each Donor agrees and acknowledges that:

(a) all Donations are made as unrestricted gifts and may not be restricted to any particular purpose;

(b) designated Donations and registration fees and transaction fees will be charged to the credit or debit card or other payment method you use through Stripe or PayPal and Pledge the Pink does not collect or store your credit card information;

(c) all Donations are final and non-refundable

Tax Deductions:

All donations made to Pledge the Pink are directly deposited in to the account of Pledge the Pink Foundation 501 (c)(3) and are tax deductible in the USA. You will receive a Donation receipt after making a donation. It is your responsibility to keep that for your records. Pledge the Pink has no obligation to retain a copy.

Mobile Services:

The Services include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the Platform. To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Pledge the Pink account information to ensure that your messages are not sent to the person that acquires your old number.

User Disputes:

You agree that you are solely responsible for your interactions with any other user in connection with the Services and Pledge the Pink will have no liability or responsibility with respect thereto. Pledge the Pink reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

Data Retention:

You acknowledge that Pledge the Pink has no obligation to you to retain data relating to any account or Fundraising Page. You acknowledge that Pledge the Pink reserves the right to delete data or to terminate accounts or Fundraising Pages 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.

Modifications to Services:

Pledge the Pink 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.

General:

These Terms of Service constitute the entire agreement between you and Pledge the Pink and govern your use of the Services, superseding any prior agreements between you and Pledge the Pink with respect to the Services. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or 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. You may not assign these Terms of Service without the prior written consent of Pledge the Pink, but Pledge the Pink may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

Privacy Policy:

At Pledge the Pink, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge Pledge the Pink’s collection and use of personal information as described in the Privacy Policy.

Contact Us

Please contact us at info@pledgethepink.com to report any violations of these Terms of Service or with any questions regarding these Terms of Service or the Services.