View RealityCharity's Privacy Policy

 

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS ("Terms of Use") CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE (the "Site"), YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

Welcome to the website for Reality Charity, LLC (?RealityCharity?) and www.realitycharity.com. These Terms of Use govern your access to and use of this website and the various on-line tools and services that RealityCharity makes available through its website to facilitate online fundraising. You should read these Terms of Use carefully before visiting, accessing or using this website or any of RealityCharity's tools and services.? The RealityCharity service is operated by Reality Charity, LLC and its corporate affiliates (collectively, "us", "we" or "the Company"). By using the www.realitycharity.com web site (the "Web site") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or ?User Agreement? or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, so you should periodically examine the Terms of Use to which you are currently bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web site. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices of terms located on particular pages at this Site. It is your responsibility to regularly review these Terms of Use.

 

Eligibility

You must be eighteen years of age or older to register as a member of RealityCharity (a "Member"). If you are under the age of 18, you are not allowed to register and become a member of RealityCharity. Membership in the Service is void where prohibited. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. RealityCharity may terminate your Membership and/or prohibit you from using or accessing the Service or the Web site for any reason, at any time.

 

Obligations of Site Visitors or Users/Member Conduct

You understand that the Service and the Web site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree not to do any of the following while visiting or using the site or any services provided by or through the Site:

 

?                     restrict or inhibit any other user from using and enjoying the Site;

?                     impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of RealityCharity;

?                     use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site;

?                     upload, post, email, transmit or otherwise make available any content that may be deemed to be unlawful, offensive, harmful, threatening, abusive, harassing, libelous, vulgar, obscene, hateful, pornographic, profane, indecent, or racially, ethnically or otherwise objectionable, including, without limitation, any images or other material depicting nudity;

?                     post or transmit comments containing harassing or offensive language or engage in disruptive activities online, including excessive use of the return key, shouting (ALL CAPS), or flooding;

?                     useintimidate or harass another;

?                     useupload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

?                     use automated scripts to collect information from the Service or the Web site or for any other purpose;

?                     harvest or collect email addresses or other contact information of Members from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

?                     post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters, "pyramid schemes" or any other form of solicitation on the Site or through the Site;

?                     post, upload or transmit any Content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees;

?                     post or transmit Content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software;

?                     use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site;

?                     solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;

?                     violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;

?                     access or use password protected, secure or non-public areas of the Site without authorization;

?                     frame, repackage, or otherwise re-distribute any portion of the Site; or

?                     use the Site or any services provided through the Site, to collect personally identifying information about users of the Site or conduct any activity in violation of www.realitycharity.com's Privacy Policy.

 

RealityCharity may, at its sole discretion, take any action RealityCharity deems necessary, including, but not limited to, termination of access to the Site, if RealityCharity believes a user?s conduct or content fails to conform with these terms and conditions or may create liability for RealityCharity, its partners, its suppliers, or other users. RealityCharity will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in the Terms of Use will survive any such termination or modification.

 

Electronic Communications

When you visit RealityCharity or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will typically communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Site Content

 

All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, graphics, logos, button icons, images, digital downloads, audio clips, video clips, compilations, and software (collectively, the "Content") and all intellectual property rights therein, are owned, operated, controlled, or licensed by RealityCharity or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, uploaded, reproduced, reposted, transmitted, deleted, modified, republished, retransmitted, reused, displayed, distributed, used outside the scope of normal Web browsing or used to create derivative works or performances without the express written permission of RealityCharity or the copyright owners. All other rights reserved.

 

Names, trademarks, service marks, trade names, trade dress, logos and products appearing on this site are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by RealityCharity and/or their respective owners, except with the express written permission of RealityCharity and/or those respective owners. RealityCharity's trademarks and trade dress may not be used in connection with any product or service that is not RealityCharity's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RealityCharity. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any patent or trademark of RealityCharity or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any RealityCharity copyright or trademark. Other product, service and company names mentioned on the Site are for identification purposes only and may be trademarks of their respective owners.

 

You are solely responsible for all content including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, "Member Content") that you may post, e-mail, or otherwise transmit via this Site. RealityCharity does not control MemberUser Content posted or otherwise transmitted via this Site and RealityCharity does not guarantee the accuracy, integrity, or quality of such Member Content. You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. Any communications you send to this Internet site or otherwise to RealityCharity by electronic mail with the exception of personally identifiable information as defined in the www.realitycharity.com Internet Privacy Policy shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, expression, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information. If your Member Content is removed, the license granted above will automatically expire.

 

Copyright Policy

 

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us using the feedback form located on the "Contact Us" link at the bottom of the homepage and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Patents

 

One or more patents apply to this Site and to the features and services accessible via the Site.

 

License And Site Access

 

RealityCharity grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RealityCharity. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RealityCharity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RealityCharity and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing RealityCharity's name or trademarks without the express written consent of RealityCharity. Any unauthorized use terminates the permission or license granted by RealityCharity. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RealityCharity so long as the link does not portray RealityCharity, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RealityCharity logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Account

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. RealityCharity and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion.

 

Donations; Fees
You are solely responsible for ensuring that you have selected the correct recipient of your donation. The amount of donation to the recipient designated by you is charged on your credit card or through a Paypal account and paid to, and processed by, RealityCharity or its affiliates on the recipient's behalf. All donations are final and non-refundable. RealityCharity immediately forwards donations to the recipients using the information they have provided to us. If you are a recipient, RealityCharity will not be held responsible for uncollected or misdirected donations due to incorrect or invalid information you have provided to us, or for any other reason beyond our control, so please make sure your information is current and that your Paypal account is active and verified. Donations made to recipients are received by them net of any applicable fees. RealityCharity currently waives operating fees for personal fundraisers and only levies a small operating fee for organizational fundraisers; however, there are additional third party fees to process and complete the electronic bank and/or credit card transactions which we pass through in all cases. These third party fees may vary slightly per transaction, and we do not retain any of these fees. This fee structure is subject to change from time to time at the sole discretion of RealityCharity.

Unauthorized Card Use
You agree not to use an invalid or unauthorized credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

Tax Information; Disclaimer
RealityCharity is not an accounting, taxation or financial advisor, and you should not rely on information given on this website to determine the accounting, tax or financial consequences of making charitable donations. Notwithstanding anything to the contrary contained on this website, RealityCharity makes no representation as to whether all or any portion of the donations that you or anyone else make to any charity is tax deductible. We strongly recommend that you consult your own advisor/s about any accounting, taxation or financial consequences that may affect you. RealityCharity shall have no liability for any claim by any federal or state tax authority with respect to your characterization of any donations through this website on your federal or state tax returns.

Identity Verification
At RealityCharity, we take fraud very seriously and want to do our best to try to prevent it so that donors can have confidence in the veracity of the recipients of their generous donations.? Therefore, we have implemented a sophisticated identity verification system intended to thwart fraud.? Since an important aspect of giving charity is having confidence that the recipient is who he or she claims to be, all users have the ability to request identity verification. This process is optional.? Users based in the United States may undergo an automated, instant identity verification process through our partner, Equifax.? Users are prompted with private "out-of-wallet" questions to which only they should know the answer.? Undergoing identity verification will not affect your credit report or score.? The results are calculated with a scoring algorithm and those who are verified successfully will instantly receive an "Identity Verified" icon next to their username.? There is a fee for attempting automated identity verification, and this fee may differ depending on whether you pass or fail said attempt. Users outside the United States as well as those who fail the automated identity verification application may request an offline, manual identity verification process. The particular fees that would apply in each case are specified in advance at the time of application. ? However, manually verified users are only charged if they are verified successfully.? Potential donors may easily distinguish between fundraising listings by users whose identity has or has not been verified successfully, as well as limit search results on this basis.

 

Links to other websites

The Web site may contain links to other web sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. RealityCharity provides links to third party web sites on this solely as a convenience to you. RealityCharity does not assume any responsibility or liability for the actions, product, and/or content of any other third parties. If you use third party links, you will leave this Site. Please remember that linked sites are not RealityCharity?s sites and the information could change without RealityCharity?s knowledge. Linked sites and their contents should not be attributed to RealityCharity in any manner, nor has RealityCharity attempted to verify the truth or accuracy of any third party site or content or make any representations or warranties about them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. In the event RealityCharity endorses a particular organization, we will clearly state our endorsement next to any link to that organization.

 

Member Disputes

You are solely responsible for your interactions with other RealityCharity Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

 

Privacy

We care about the privacy of our Members. Our policies concerning the use of your personal information are set forth in the Internet Privacy Statement ("Privacy Policy") at http://www.realitycharity.com/privacy.php and incorporated by reference herein. By using this Site or the Service services provided by or through this Site, you are consenting to have your personal data transferred to and processed in the United Status, and you agree to waive and release RealityCharity, LLC from any claim or liability in connection with the collection, use, or disclosure of information consistent with the www.realitycharity.com Internet Privacy Statement.

 

Minors.

This site is not intended for use by Minors under the age of 18. If you are a parent or guardian who permits your minor child, or a child for whom you act as a legal guardian (defined as a "Minor"), to use the Site, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; (c) the consequences of any use of the Site by such Minor. The disclaimers and limitations of liability set forth herein shall apply to you for acts of the Minor. If a Minor is 18 or older, but not of the age of majority in his or her state of residence, you will still be responsible for the acts of the Minor and all disclaimers and limitations of liability will still apply.

 

Disclaimers and Limitations on Liability

The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service.

The Company further a) makes no representation or claim as to whether or not funds donated to an individual or organization will ultimately be utilized for the purposes or causes stated or implied by them; b) does not verify the veracity of their assertions or stated need; and c) will not be held liable in any way nor provide refunds for misrepresentations and/or misappropriated donations.

The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. RealityCharity assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. REALITYCHARITY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REALITYCHARITY MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY SERVICES OBTAINED THEREFROM. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL REALITYCHARITY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE SERVICES OFFERED ON THIS SITE OR SITES LINKED TO THIS SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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: (A) THE AMOUNT PAID, IF ANY, BY YOU TO REALITYCHARITY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

 

CERTAIN STATE 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Governing Law and Venue

By visiting or using the Web site and/or the Service, you agree that the laws of the State of Maryland, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Reality Charity, LLC or any of its affiliates.

 

Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration in Baltimore, Maryland, except that, to the extent you have in any manner violated or threaten to violate Reality Charity, LLC or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Maryland.

 

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

 

Indemnity

You agree to indemnify and hold Reality Charity, LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.

 

Other

These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Web site, constitute the entire agreement between you and RealityCharity regarding the use of the Web site and/or the Service, superseding any prior agreements between you and RealityCharity relating to your use of the Web site or the RealityCharity. The failure of RealityCharity to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 

These Terms of Use are effective as of September 1, 2007.

 

 

This web site was developed and is maintained by:

 

Reality Charity, LLC, 1498-M Reisterstown Road, Suite 200, Baltimore, MD 21208 USA