Terms of Use Agreement

LEGACY CONNECT®  TERMS OF USE AGREEMENT

Revised: September 2017

These Terms of Use govern your use of the Legacy Connect® (www.legacyconnect.com) and the ThatHelps® (www.thathelps.com) websites (together, the “Websites”), the ThatHelps® mobile app (the “App”) as well as various online tools and services that Legacy Connect, Inc. (“Legacy Connect,” “we,” “us” and “our”) makes available to users, donors, fundraisers, nonprofits, registrants, sponsors and other users of our services. “Services” is the collective term referring to the App, the Websites, and any other online tools and services that Legacy Connect makes available.

We have set up some ground rules to ensure that we can keep the Services fun, useful, and safe for everyone. Legacy Connect provides the Services to connect users, donors and nonprofits through social media and social gaming (the “Purpose”). For purposes of this Agreement, “you” means the person using the Services; if the user is not an individual, then “you” means the user’s company and its successors and assigns. These terms and conditions (the “Agreement”) govern your access to and use of the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Services.

Your use of the Services is subject to this Agreement and our Privacy Policy, which is incorporated herein by reference. If you do not agree to this Agreement or our Privacy Policy, then please do not use the Services. By using the Services, you indicate that you have read and agree to be bound by all terms and conditions of this Agreement and our Privacy Policy, without limitation or qualification, and by all applicable laws and regulations, as if you had written your name on a contract.

1. Intellectual Property.

Except for User Materials (defined below), the Services and all content and information therein, such as games, text, graphics, designs, logos, catalogs, images, presentations, button icons, videos, data, instructions, photographs, graphs, typefaces, sounds, and software (the “Materials”), are the property of Legacy Connect or its licensors. The Services and Materials are protected by copyright, patent, trademark, trade secret, and other intellectual property laws. LEGACY CONNECT®, THATHELPS®, HELPS, the H Logo, and other trademarks, service marks, trade dress, and logos that we use, are trademarks of Legacy Connect. Your use of any of the trademarks found on the Services, or any confusingly similar marks, without express permission of the owner is strictly prohibited.

2. Limited License.

Subject to the terms of this Agreement, Legacy Connect grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, personal license to (i) access and display the Materials and User Materials; and (ii) access and use the Services, in each case only for the Purpose and only for your personal and non-commercial use. You agree to retain all copyright and other proprietary notices contained on the Materials. All rights not expressly granted here are reserved. The license granted in this Section 2 terminates upon termination of your account.

3. Restrictions on Use.

You agree not to do any of the following:

  • Modify, remove, delete, augment, add to, publish, distribute, participate in the transfer, rental, license or sale of, create derivative works from, or in any way exploit any of the Materials or Services, in whole or in part;
  • Manipulate, alter or affect or try to manipulate, alter or affect the Services, the Materials, or any feature or program of the Services or the Materials, including searches, results, placements, advertisements, tags, products, expressions or programs;
  • Interfere with, circumvent, disable or try to interfere with, circumvent or disable the Services, the proper working of the Services, security features of the Services, the equipment connected to the Services or any product or service provided on or through the Services;
  • Mirror any Materials available through the Services or any Legacy Connect server;
  • Use framing techniques to enclose the Services or any part thereof;
  • Use any metatags or any other hidden text incorporating Legacy Connect’s name or trademarks;
  • Access or attempt to access the Services or to collect or index information provided through the Services using any automated means, such as robots, spiders, scrapers, scripts, harvesting bots, or similar means or equivalent manual processes;
  • Access an account through the Services without permission;
  • Provide false or misleading information in connection with any account;
  • Impose an unreasonable or disproportionately large load on the infrastructure of the Services or Legacy Connect’s systems or networks, or any systems or networks connected to the Services or Legacy Connect;
  • Restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services);
  • Solicit, trace or otherwise collect any information, including log in information, from users or visitors of the Services;
  • Reverse engineer, decompile or otherwise extract source code provided on or through the Services;
  • Use the Services for commercial activities such as contests or advertising; individual or institutional commerce;
  • Use the Services to develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
  • Post unauthorized commercial communications (i.e.: spam) on any of the Services;
  • Use the Services to engage in unlawful multi-level marketing schemes (i.e.: pyramid);
  • Post identification documents or sensitive financial information on the Services;
  • Intimidate, harass or bully any user of the Services;
  • Post content to the Services which is hate speech, threatening, pornographic; incites violence or contains nudity or graphic or gratuitous violence;
  • Create a database by downloading and storing the Materials or any part thereof;
  • Upload or transmit viruses, worms or other malicious code to the Services; or
  • Use the Services in a misleading, malicious, or discriminatory manner or violate any law in connection with your use of the Services, including export laws and privacy laws.

4. Registration.

As part of the registration process, you will choose a user name and password (or we may assign an initial password which you may change). Your user name and password are personal to you. You may not allow any others to use your user name or password under any circumstances. You must provide true and current personal information, and you may not create an account for anyone other than yourself without authorization. Legacy Connect reserves the right to remove any username or other identifier that we deem inappropriate. We may also allow users to register and login to Services via Facebook, in which case, Facebook policies will apply. Please read our Privacy Policy which describes the personally identifiable information we collect, use, disclose, manage and store. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns. You may not transfer your account to a third party without first obtaining our written consent.

5. User Communication Features.

Your comments, suggestions and information are important to us. Portions of the Services may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (“Post” or “Postings”) and/or (b) User Material (defined in Section 6 below). You agree that such Postings are the sole responsibility of the person from which such Postings originated. Although Legacy Connect provides rules for user conduct, we do not control or direct users’ actions on the Services, whether online or offline, and are not responsible for the content or information users transmit, post or share on the Services. Legacy Connect is not responsible for any offensive, inappropriate, obscene, unlawful or objectionable content or information user may encounter on the Services. This means you are solely responsible for the consequences of all Postings that you upload, post, email, share, transmit or otherwise make available through the Services. You may not Post any User Material that either infringes or violates the rights of another user or organization or otherwise violates the law. We may monitor, edit and screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we may, at any time and without limiting any and all other rights we may have under this Agreement: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Services; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Services.

You agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Services per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. Posting to promote nonprofit entities and causes is, of course, encouraged.

6. User Material.

The term “User Material” means any and all content, media and materials you submit for posting or created by using the Services, including without limitation photographs, writings, messages, user feedback, data, comments, suggestions, information, text, data, software, images, files, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects. You represent and warrant that your submission or Posting of any User Material does not violate this Agreement, any rights of any third party, any of your obligations or any law or regulation, and does not infringe upon or misappropriate any intellectual property, privacy, publicity or other rights.

User Material is not confidential. We have no obligation to backup or maintain your User Material, and you should take appropriate steps to maintain your User Material. You grant, and warrant that you have the right to grant to us and our affiliates an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual right and license to use your User Material, including the right to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Material on the Services and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, without any additional compensation or credit due to you. If you do not want to grant this license, do not post User Materials. You retain all other rights in your User Materials not granted in this Agreement.

In exchange for your access to the Services and by submitting User Material, you also grant Legacy Connect and its affiliates the irrevocable, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission to use and refer to your name, likeness, logo, marks, biography, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Services, and any products, goods, features, functions, capabilities and/or services associated with Legacy Connect, without any credit, compensation, attribution or accounting to you. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Material and the rights granted to Legacy Connect.

7. Legacy Connect’s Rights.

Legacy Connect reserves the following rights:

  • To terminate the use of the Services and/or the account of anyone who violates this Agreement;
  • To change the Services, the Materials, and any products or services provided through the Services, at any time without notice;
  • To refuse to provide any user or customer with the Services or any product or service provided through the Services;
  • To install upgrades, updates or additional features, and to download any software provided on or through the Services;
  • To display advertising and promotions, which may be targeted to certain users or sections of the Services based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions; and
  • To provide you with notices, including those regarding this Agreement, your account and your orders, by email, postings to your account or by other means.

You agree that the foregoing are Legacy Connect’s rights, but not its obligations.

8. Your Representations and Warranties.

By using the Services, you represent, covenant and warrant that you are authorized to sign for and bind the person or entity using the Services; and you will provide only true, accurate, complete and current information to the Services and to Legacy Connect.

9. Donations and Compensation to Legacy Connect.

In exchange for the operation of the Services and the hosting of events thereon, Legacy Connect may be compensated by the nonprofits, and other partners benefitting from the Services. Specifically, Legacy Connect may receive a fee for all funds raised by each nonprofit as a result of the events conducted on the Services. This fee is calculated based on total funds raised quarterly by the nonprofit, and before credit card processing and transaction fees, if any, have been accounted for. You will receive a receipt acknowledging your donation from our credit card processing service, Network for Good.

Unless otherwise agreed, all donations to nonprofits made through the Services are unrestricted donations and are not subject to any donor restrictions or conditions. All donations through the Services are non-refundable and final. Legacy Connect makes no representation regarding the tax implications of making a donation. Nothing contained herein shall be construed as tax or legal advice. Legacy Connect does not provide tax or legal advice. You are encouraged to work directly with your tax and/or legal advisor regarding any tax or legal questions you might have about your donation.

Legacy Connect facilitates the making of donations to charities. Legacy Connect is not a bank or other chartered depository institution. Funds held by Legacy Connect or its service providers (including bank service providers) in connection with donations are not deposit obligations of the user and are not insured for the benefit of user by the Federal Deposit Insurance Corporation or any other governmental agency.

When you make a donation, the charity you donate to (and not Legacy Connect) will issue you a receipt, in accordance with its own policies. The reporting and payment of any applicable taxes or tax related matters arising from the use of the Services is your responsibility.

10. No Endorsements; Linked Sites.

The fact that we provide information about a charity, cause, partner, or project does not mean that Legacy Connect endorses, sponsors, or is in any way affiliated with such charity, cause, partner or project. Information about charities, causes, partners and projects included on the Services is supplied by the charities, endorsers, organizations and individuals themselves, and Legacy Connect is in no way responsible for such information. Legacy Connect shall have no liability or responsibility related to such information or the actions of any charity, organization, endorser, or individual.

As a convenience to you, the Services may provide links to websites operated by other entities (collectively “Linked Sites”). If you use any Linked Sites, you will leave the Services. Your use of any Linked Site is at your own risk. Linked Sites are not necessarily maintained, controlled, governed or sponsored by Legacy Connect, or affiliated or associated with Legacy Connect. Legacy Connect does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site.

11. Disclaimer of Warranties.

THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER LAW, LEGACY CONNECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR AS TO THE MATERIALS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK. LEGACY CONNECT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MATERIALS, SERVICES AND INFORMATION PROVIDED ON OR THROUGH THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. NEITHER LEGACY CONNECT, NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS OR THE LIKE (COLLECTIVELY “PROVIDERS”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR CURRENCY OF THE MATERIALS. FURTHER, LEGACY CONNECT DOES NOT WARRANT THE RELIABILITY OF, OR GUARANTEE OR ENDORSE ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES. LEGACY CONNECT IS NOT RESPONSIBLE IN ANY WAY FOR ANY TRANSACTION BETWEEN YOU AND ANOTHER USER OF THE SERVICES. LEGACY CONNECT HAS NO OBLIGATION TO MAKE ANY CORRECTIONS TO THE SERVICES OR MATERIALS.

12. Limitation of Liabilities. Legacy Connect and its Providers will not be liable to you or any third party for any damage, loss or expense whatsoever, based in tort, contract or otherwise, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, computer failure or malfunction, or business interruption), arising out of or related to (i) this Agreement, the Services, the Materials, or your donation(s), or (ii) any products, services or information offered, sold or displayed on or through the Services. Because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Legacy Connect’s and its Providers’ aggregate liability to you under this Agreement and in connection with the Services is limited to $100.

13. Indemnification. You shall indemnify, defend and hold harmless Legacy Connect and its affiliates and their respective officers, directors, agents, employees, and Providers from and against any and all claims, expenses (including reasonable attorneys’ fees), liabilities, costs and damages, arising out of or related to any (i) content or information on the Services; (ii) your use of the Services; or (iii) any act or omission of you or your employees, agents, end users or subcontractors in violation of this Agreement or any law, regulation, or third party intellectual property or other proprietary right.

14. Privacy. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personally Identifiable Information in connection with your use of the Services.

15. Choice of Law and Disputes.

This Agreement shall be governed by the laws of the State of New York, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York City, New York, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

16. Limitations on Claims.

Any cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.

17. Term and Termination.

Without limiting its other remedies, Legacy Connect may suspend or terminate this Agreement, your access to the Services and your account if you fail to comply with any term or condition of this Agreement. Legacy Connect may take such actions at its sole discretion, without prior notice to you. Upon such violation, you agree to cease use of the Services. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.

18. Promotions.

The Services may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information concerning yourself. Promotions may be governed by separate rules that contain certain eligibility requirements, such as restrictions as to age or geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.

19. Waiver & Modifications.

If for any reason a court of competent jurisdiction finds any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Legacy Connect may amend these terms at any time by posting a revised version of the Agreement to the Websites and/or App. Any such modifications will become effective upon the date they are first posted to the Websites and/or App. By continuing to access the Websites and/or App after the revised terms become effective, you agree to be bound to the revised terms.

20. Copyright.

Legacy Connect respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Services in a way that constitutes copyright infringement, then please contact us at awglazer@stoel.com and provide the following information:

  1. A description of the copyrighted work that you believe has been infringed;
  2. A description of what the allegedly infringing work is;
  3. A description of the location where the allegedly infringing work is located on the Services;
  4. An address and telephone number where you can be contacted, including an email address, if possible;
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
  7. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

21. Geographic Scope of Use.

Legacy Connect makes no representation that the Services or the Materials are appropriate or available for use outside of the United States. Access to the Services and the Materials from territories where they are illegal is prohibited. You may not use the Services or export the Materials in violation of U.S. export laws and regulations. If you access the Services from locations outside of the U.S., you are responsible for compliance with all local laws.

22. Electronic Communications.

By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You may unsubscribe from commercial communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

23. Your Comments and Concerns.

The Services are operated by Legacy Connect, Inc., One Rockefeller Plaza, Room 2500 New York NEW YORK 10020. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@LegacyConnect.com.