PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Wishbone.org ("Wishbone") requires that all visitors ("you") to its site, Wishbone.org, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," “Wishbone,” and "us" means Wishbone.org unless otherwise indicated.
Who is Wishbone.org?
Wishbone is a 501(c)(3) nonprofit organization. We at Wishbone aim to improve the achievement gap by engaging citizens in an online platform where students describe and individuals can fund specific out-of-school programs for students. The Sites provide you with access to an online collection of information, materials and services related to Wishbone and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.
Our Proprietary Materials.
We welcome you to our Sites and we invite you to use it within the following rules:
1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph, video or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of Wishbone.org.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of Wishbone.org.
4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.
5. The information on the Sites, the user flow, design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2012 Wishbone.org, Inc. or are licensed or otherwise used by Wishbone with permission. Except where noted otherwise, all rights to these materials are reserved by Wishbone or their respective owners. "Wishbone.org", the Wishbone.org logo, "Dare Your Courage", and "Fund students. Fuel passions." are pending trademarks and pending service marks of Wishbone.org, Inc., which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names, photographs, or videos of individuals may not be copied, downloaded or otherwise used.
6. All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although Wishbone cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. Wishbone retains the right to restrict use of the Sites, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WISHBONE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WISHBONE MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL WISHBONE, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "WISHBONE AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE WISHBONE AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT WISHBONE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT WISHBONE AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY WISHBONE OR AN AUTHORIZED WISHBONE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
Wishbone neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.Top
Third Party Websites.
The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by Wishbone, thus Wishbone is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by Wishbone of the Linked Sites. The program providers’ links in our database are not endorsed by Wishbone.
Third Party Websites Seeking to Hyperlink to the Sites.
We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and Wishbone. If this is not the case, please do not link to any Site. Wishbone reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any Wishbone trademark, service mark or other intellectual property or content provided by Wishbone for a hyperlink to a Site is permitted and licensed by Wishbone solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by Wishbone, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by Wishbone.
Making Donations through Wishbone.
Wishbone is a non-profit platform that brings Donors together with Students in order to provide students with out-of-school program opportunities. Wishbone endeavors to use each donation made through Wishbone.org to fund the charitable program the Donor has requested, unless the Donor indicates that a specific portion of the donation may be used for administrative purposes. While Wishbone will make every effort to honor Donor requests, Wishbone will retain ultimate control over all donated funds. The "wish cost" may include, but is not limited to, the program tuition, room and board fees, transportation fees, fulfillment and mentoring fees and the cost of credit card processing fees. All Donors are subject to the specific Donor terms described below.
Donations to Wishbone.org are tax deductible to the fullest extent allowed by law. You may view a copy of our annual financial statements and federal tax return upon request by emailing: firstname.lastname@example.org or writing to:
Attn: Financial Operations
2 Mint Plaza, #205 San Francisco, CA 94103
State Fundraising Notices
Although our financial report is always sent free to anyone requesting a copy, certain States require us to advise you that a copy of our financial report is available from them. Registration with the Secretary of State or Attorney General of any state does not imply endorsement by such body.
New York: A copy of the latest annual report of Wishbone.org may be obtained, upon request, by writing our National Office at 2 Mint Plaza, #205 94103 or from the New York State Attorney General's Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271. An annual report will be filed with the New York State Attorney General’s Charities Bureau.Top
Special Provisions Relating to Donors
Thank you for your interest in funding a student’s program wish at Wishbone.org. By creating a user account, the following additional terms of the UA apply to those users who sign up for a donor account and/or donate to a project on the Sites ("Donor").
By applying to become a Donor, you represent that:
1. You are a U.S. citizen at least 18 years old; if you are under 18 years old you must provide Wishbone with a signed parent or guardian consent.
2. All information you provide to Wishbone is accurate, and you will update the information to keep it accurate;
3. You are not related to any student to whose program you request your donation be directed;
4. You understand that by making a donation to Wishbone, you have relinquished all legal control of the donated funds;
5. Any donation you make is legal in your jurisdiction.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor or User at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Wishbone of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of Wishbone.
In addition to the rights of Wishbone described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs and videos of students, the thankyou notes and student updates, and other materials that Wishbone may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause Wishbone and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that Wishbone may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
Student information gathered from the Site by the Donor cannot be used towards efforts in contacting the student personally. Wishbone does not encourage any form of direct messaging or contact towards students. Likewise, Donors are not permitted to request information regarding specific Student performance, other than what has already been communicated by the Site.
We review the cost of each student’s “wish” and each program listing before we post it on the Sites for Donors to view. Our efforts include screening the proposed student program wish for compliance with our student eligibility requirements, confirming the existence of requested program experiences, and determining an estimated cost for the proposal. All costs listed as line items on a posted student’s wish proposal and on a program’s listing are estimates only. We do our best to verify each cost before posting the wish, yet all costs are based on the information available at the time of the wish posting and are subject to change. The program tuition price appearing to donors on the program’s official website may sometimes be higher than the program cost posted on our site, which may be due to the use of previous funds raised for the student’s wish.
The components included in a Student proposal may change after we receive your donation. In this event, Wishbone will review the Student’s modified proposal. If our review determines the modified proposal is reasonably similar to the Student’s original proposal, we will endeavor to use the donated funds to pay for the modified proposal. In the case that the student is unable to complete his or her intended wish, Wishbone retains the sole and exclusive discretion to direct the final use of donated funds. You may have the opportunity request that your donation be directed to fund another student’s wish, but Wishbone retains the sole and exclusive discretion to direct the final use of donated funds. Likewise, the components included in a program provider scholarship creation may change after we receive your donation. Wishbone retains the sole and exclusive discretion to direct the final use of any donated funds, including those intended towards program scholarship creation. Donations intended to create a scholarship fund towards a program provider do not go to the specific program provider unless Wishbone students have designated an interest in attending the program. Wishbone does not, under any circumstance, give donors personal contact information of students. Wishbone does not encourage donor engagement with students outside of the outlined activities of the Site. Wishbone does not report individual student performance results and only reports individual student progress based on student updates distributed on our site from student initiated information. Wishbone uses this information from schools to report on Wishbone students’ progress as an aggregate group, and not for the purpose of releasing any individual Wishbone student performance data.
Program providers represented on our regional database are not affiliated in any way with Wishbone and are suggestions of viable program opportunities for our students. The logos, associated images and likeness of these program providers are the property and trademarks of their respective owners The data, logos, associated images and likeness of these program providers are gathered from publicly available content. The presence of these program providers on Wishbone.org does not suggest or indicate that the program providers are endorsing Wishbone.org in any way.
Wishbone reserves the right to exclude any Donor from use of the Sites in Wishbone’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.
When a partially funded project does not reach complete funding within the allotted time of the date it was posted on Wishbone.org, Donors may receive “account credits” which they can request be used to fund other students or to create program scholarships. A donor may request that the funds be redirected to a new project within 14 days of receiving the credits. After 14 days, Wishbone.org will redirect the account credits to the Wishbone “program fund,” funding program wishes as directed by Wishbone or to pay student application fees to programs, or to fund other program related costs. The donor may also request to “let Wishbone choose” where the donation should be redirected. At this point, the funds will immediately be redirected towards the Wishbone “program fund” before the allotted 14 days.
If, for any other reason, the proposal cannot move forward (i.e., the Student no longer requires the requested program or the Student is no longer in good standing with Wishbone…etc.) donations made to the proposal may, at Wishbone’s discretion, be redirected to the Donor as account credits subject to the guidelines outlined above.
A Student may fail to complete the program experience or drop out before the end of its completion. If a program partner returns funds to Wishbone.org, the funds may, at Wishbone’s discretion, be redirected to donors as account credits subject to the guidelines described above.
If a Wishbone Program Scholarship has been created by donors, yet no Wishbone student is interested in attending this program, the funds will be redirected towards a program scholarship of greater student interest without your consent or notification. Wishbone will do its best to redirect the funds towards a similar type of program experience for students.
When donating to a group of students on the site, the donation generally will be distributed evenly among all participants within the designated category and/or location group of the donor’s request. Not all student participants within the group may have successful funding experiences, and as a result, all funds resulting from failed wishes will be immediately put towards the Wishbone “program fund” for other participating students, as Wishbone sees fit.
Wishbone cannot be responsible for the success (or lack thereof) of any proposed or funded projects or for the activities (or lack thereof) of the Students or teachers participating in any proposed or funded projects.
Wishbone is a non-profit organization that retains ultimate control over all donated funds. Donors relinquish legal control over their charitable funds upon donation, and no refunds will be issued.Top
You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor account or participation, as applicable, and stopping all use of the Sites. Wishbone may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
This UA is governed by the laws of the State of California, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute, judgment or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or state courts located in the City of San Francisco, California. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and Wishbone. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may only be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in the City of San Francisco, California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Wishbone may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the City of San Francisco, California, as may be necessary to protect the rights or property of you or Wishbone pending the completion of arbitration.Top
You agree to indemnify and hold Wishbone and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to Wishbone.
If you have any questions about the Sites or this UA, you may contact us via e-mail at email@example.com. We are always happy to hear your questions and comments.
This UA, including the terms specifically applicable to Donors, and other policies and notices Wishbone may post on the Sites necessary for access to Donor portions of the Sites, constitute the entire agreement between Wishbone and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between Wishbone and you regarding such matters, including prior versions of this UA. Wishbone may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by Wishbone, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.
This User Agreement was last updated on 2/1/13.Top