These Terms and Conditions may only be modified by an authorized executive of Dennis Kreative Idea, LLC.These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Divoree processes payment transactions through 3rd-party payment solutions (PayPal & WePay). Divoree is not a chartered banking entity. All funds that are not part of a fee paid to Divoree are paid directly to 3rd-party payment solutions.
You will not hold Divoree liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
Donors and Users agree not to involve Divoree in any litigation that occurs due to using the website. Divoree.com is owned by Dennis Kreative Idea, LLC. Neither Divoree nor Dennis Kreative Idea, LLC will be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Divoree charges a flat fee of 5% on all payments collected. The service works with PayPal and WePay to ensure that all donations go directly to your cause automatically and instantly.
Read Paypal's Terms & Conditions for their fees. Read WePay’s Terms & Conditions for their fees.
All fees are deducted from each transaction automatically.
Divoree is not the same company as PayPal or WePay, and their fees and commissions are subject to change without notice from us.
As a Divoree user, some of the information you provide which you choose to publish will be publicly available on the internet, for all to see, including search engines like Google and Yahoo. However, you can choose whether or not you would like your information published. Your on-line activity is public.
As a donor to a Divoree cause or online donation page you have the option to publicly display your donation for all to see, including search engines like Google and Yahoo. To hide your donation, simply click the "anonymous" checkbox during the donation process.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Divoree's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. A SPECIAL NOTE TO REGULATORY AGENCIES We do not engage in any solicitation activities; such activities are carried out by our users on their own initiative.
If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern.
TAX & LEGAL REPRESENTATIONS
As a condition of using our service, you represent to us that:
(a) If residing in the US, you are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service;
(b) The funds you obtain through the methods on our website will be used solely for the purposes described in the represented manners;
(c) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
You may not use the Divoree service for activities that:
violate any law, statute, ordinance or regulation
relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Divoree and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. You may not accept payments on Divoree to purchase weapons, including replicas and collectible items, or ammunition.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
We encourage you to report violations of this Acceptable Use Policy to Divoree immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email Divoree 's Compliance Department at: http://www.divoree.com/contact_us
In this document the following phrases are defined as:
Service: This web site, Divoree.com. User: An individual or entity that registers an account for the service. Donor: An individual or entity that donates to a fund or posts a comment to a fund.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future
Divoree is a service that enables Users to collect money for a specific purpose. Upon becoming a User through the Registration process, or a Donor through either the Donation process or comment process, you agree that Divoree may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the Divoree website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.
BY USING THE DIVOREE SERVICE YOU AGREE TO THE FOLLOWING
1) You are at least 18 years of age.
2) You will comply with all local, state/provincial, regional & national laws in your area of residence.
3) You are to alert the Divoree service staff about any unauthorized use of your User or Donor accounts.
You agree to allow Divoree to use anonymous aggregate data to enable Divoree to offer a better service in the future.
You agree to defend, indemnify and hold harmless Dennis Kreative, LLC, and its employees, agents, attorneys, and contractors from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
DIVOREE ACCOUNTS, USERS, AND DONORS
Divoree reserves the right to delete User or Donor accounts at our discretion. You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not:
1) Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
2) Use your Divoree account for any illegal purposes.
3) Provide information that is not complete and accurate.
4) Attempt to bypass or otherwise circumvent the designated method of payment as provided by Divoree.
Divoree has the right to, though will not be obligated to, in Divoree 's sole discretion, to remove any content or block any individual or entity for any reason. Divoree will have no obligation to provide a refund of any amounts previously paid. Divoree does not and cannot review all the material posted to the Divoree.com system. By visiting Divoree you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user. By visiting Divoree you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.
CHOICE OF LAW
These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the Commonwealth of Massachusetts.
FORUM OF DISPUTE
Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the Commonwealth of Massachusetts. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.
Electronic communications from Divoree will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow Divoree to send these communications to your email address. You also agree that Divoree is not liable for any user generated content that is sent to you as a part of these communications. You agree that you are liable for any communications you send to potential Donors promoting yourself. These communications include, but are not limited to, "share" emails sent through the Divoree and communications sent outside of the Divoree system.
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, Dennis Kreative, LLC shall have the sole right to elect which provision remains in force.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.