Terms of Use
These Terms of Use (“Terms”) govern the access to and use of the Cities of Heroes Platform (the “Platform” or “Service”) for charitable donations related to Ukraine’s recovery and rebuilding efforts. By using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use the Platform.
I. Introduction The Platform is designed to facilitate donations to charitable organizations that are working towards the recovery and rebuilding of cities in Ukraine affected by the war. By accessing and using the Platform, you agree to abide by these Terms.
II. Use of the Platform
- Eligibility: To use the Platform, you must be at least 18 years of age or of legal age to form a binding contract in your jurisdiction.
- Nonprofit Use: You agree to use the Platform for personal or nonprofit purposes only and not for any commercial purposes unless authorized separately in writing by Cities of Heroes (BCF).
- Account Creation: To donate via the Platform, you may be required to create an account. You are responsible for ensuring that the information you provide is accurate and up to date.
III. Donations
- Donation Process: You may make donations in the form of cryptocurrency to the selected charity or fund within the Platform. It is your responsibility to ensure the accuracy of the donation amount.
- Final and Non-Refundable: All donations made through the Platform are final and non-refundable. Once you have donated, you will not be able to reverse the transaction.
- Donor Information: Your personal information will be shared with the charitable organization receiving the donation for the purpose of substantiating your donation. You agree to the Privacy Policy in relation to how your data will be handled.
IV. Donor Terms
- Risk: Donations are made at your own risk. We do not guarantee that your donation will be used for a specific purpose. We do not control the actions of the charities on the Platform.
- Unrestricted Donations: Donations are considered “unrestricted” gifts and will not be tied to any specific use. The charity has full discretion over how to use the donations.
- Legal Compliance: By donating, you represent and warrant that the donation is legal in your jurisdiction and that you are authorized to donate cryptocurrency.
V. Restrictions on Use
- Prohibited Actions: You agree not to:
- Use the Platform for any unlawful purposes.
- Engage in fraudulent or malicious activity, including phishing or impersonation.
- Attempt to interfere with the functioning of the Platform or perform any denial-of-service attack.
- Use automated tools such as bots or crawlers to access the Platform.
- No Commercial Use: You may not sell, rent, or exploit the Platform for commercial purposes without prior written consent from BCF.
VI. Payment Services
- Donation Confirmation: You are responsible for verifying the correctness of the cryptocurrency amount before making a donation.
- Cryptocurrency: Donations can be made via cryptocurrency wallets provided on the Platform. BCF is not responsible for any errors in transferring funds.
VII. Warranties and Liabilities
- No Warranties: The Platform is provided “as is” without any warranties of any kind. We do not guarantee that the Platform will be uninterrupted, secure, or free from errors.
- Limitation of Liability: In no event will BCF or its affiliates be liable for any indirect, incidental, or consequential damages arising from your use of the Platform. The total liability of BCF is limited to $100.
- Indemnification: You agree to indemnify and hold BCF harmless from any claims, losses, or damages resulting from your use of the Platform or violation of these Terms.
VIII. Dispute Resolution
- Arbitration: Any disputes will be resolved through binding arbitration in New York, US. Arbitration is a more informal process than litigation, and you agree to waive your right to a jury trial.
- Class Action Waiver: You agree that any claims against BCF will be handled individually and not as part of a class or collective action.
IX. Miscellaneous
- Modifications: BCF reserves the right to modify these Terms at any time. Changes will take effect immediately upon publication on the Platform.
- Force Majeure: BCF is not responsible for delays caused by events beyond its control, such as natural disasters or technical issues.
- Severability: If any part of these Terms is deemed unenforceable, the remaining provisions will still apply.
- Governing Law: These Terms are governed by the laws of the United States, and any disputes will be resolved in accordance with those laws.
X. Contact Information If you have any questions about these Terms, please contact us at [email protected].