Terms of Service Agreement
Last Modified: March 10, 2022
The updated Terms of Service is effective as of March 10, 2022.
Welcome to the websites, online platforms, and mobile services of Support and Feed! Our mission is to take action for a global shift to an equitable, plant-based food system to combat food insecurity and the climate crisis. Thank you for being here.
We are a California nonprofit public benefit corporation qualified as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code (“IRC”) and classified as a public charity under IRC Section 509(a)(1) and 170(b)(1)(A)(vi).
Please read these terms and conditions (“Terms”) and our Privacy Policy carefully before using the website and our Services. Please note that our Platform is available only to individuals that can form legally binding contracts under applicable law.
These Terms and Conditions govern use of the Support and Feed platform (www.supportandfeed.org), and all Support and Feed services, website, and applications (collectively the “Services” or “Platform”), and cover the following areas:
Your use constitutes acceptance of these Terms of Service as at the date of your first use of the Platform. By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Service agreement, including the Privacy Policy which is incorporated herein (“Agreement”). If these Terms of Service are not accepted in full, the use of this site must be terminated immediately.
1. YOUR RELATIONSHIP WITH SUPPORT AND FEED
1.1 Use of the Platform is provided by Support and Feed (“S+F”).
1.2 Support and Feed is headquartered in the state California. Our mailing address is 3756 West Avenue 40, Suite K #184, Los Angeles, CA, 90065, UNITED STATES OF AMERICA.
1.3 Your use of the Platform and any services provided to you on or from or the Platform (collectively the “Service”) is subject to the terms of a legal agreement between you and S+F.
1.4 Your legal agreement with S+F is made up of: (a) the terms and conditions set out in this Document; and (b) the Privacy Policy (collectively called the “Terms”).
1.5 The Terms form a legally binding agreement between you and S+F in relation to your use of the Service. It is important that you take the time to read them carefully.
1.6 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
1.7 The Terms apply to any use of our Platform by any donor, fundraiser or user of our Website and Platform. If you are entering into the Terms on behalf of a corporate entity or organization, you represent that you are authorized to accept the Terms on such entity’s behalf, in such scenario the words “you” and “your” shall refer to such entity.
2. GENERAL RESTRICTIONS ON USE
2.1 S+F hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
2.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
2.3 S+F grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. S+F reserves the right to revoke these exceptions either generally or in specific cases.
2.4 S+F is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which S+F provides through the Platform may change from time to time without prior notice to you.
2.5 As part of this continuing innovation, you acknowledge and agree that S+F may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at S+F’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform S+F when you stop using the Service.
2.6 You agree that you are solely responsible for (and that S+F has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which S+F may suffer) of any such breach.
3. DONATIONS
3.1 When you make any charitable gift in cash or in-kind (“Donation”), you will have to follow the procedures as set out on our Platform when you click the “Donate” button and provide us with certain information. You agree that:
Details of the procedures for payment and how we will process your Donation are displayed on our Platform.
3.1.1 If your donation is accepted, we will confirm your Donation via the email address you give us. The Donation will then be processed by the date set out in the confirmation email. You represent and warrant that if you are donating to Support and Feed that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
3.1.2 All Donations are final unless exceptional circumstances are proven. In the event of false use of your credit or debit card or equivalent card, please contact us at [email protected]. We will abide by local legislation regarding reimbursement of Donations.
3.1.3 You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform and Services and the User Content provided therein.
3.1.4 Donor contributions are tax-deductible to the extent allowed by law, and donors receive no goods or services in return for their donations unless their acknowledgement so specifies. However, Support and Feed is not an accounting, taxation or financial advisor and you should not rely on information that is given on our website to determine the accounting, tax or financial consequences of making a donation. We strongly recommend that you consult your own advisor(s) about any accounting, taxation or financial consequences that may affect you. You can find a copies of our latest financial reports here.
3.2 SECURITY – DONATIONS
You may donate money to us directly or through a variety of online payment sites, including Kindful and Paypal (“Payment Providers”). We only use Payment Providers we know and trust, however, when you use the Payment Providers your personal information, including your credit card information, is handled by the Payment Provider and according to their respective privacy policies and terms. We encourage you to read and understand these before you donate.
3.3 CREATING A FUNDRAISER / PARTICIPATING IN OUR COMMUNITY
When you create a fundraiser, you will have to follow the procedures as set out on our Platform when you click the “Start my fundraiser” button and register you as a user. You agree to provide your true identity (First Name and Last Name) and that all information submitted by you is current, complete, accurate and truthful.
The username you provide in connection with your account may be used to attribute you in connection with any content you submit to any Services.
After registration you will be able to provide us with information about your fundraiser (“User Content”). In this connection, you agree, that:
We reserve the right, without limitation, to ban or disable your use of the Services, remove offending User Content, suspend or terminate your account, stop payments to any such fundraiser, freeze or place a hold in donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution. Support and Feed will not be liable for any loss or damage arisen from your failure to comply with this section.
4. USER CONTENT
4.1 In connection with the Services, S+F may from time to time grant users permission to submit information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials (collectively, “Content”) to the Platform for our use in connection with our charitable efforts.
4.2 You retain your rights to any Content you submit through the Platform. You are responsible for any Content you provide, including compliance with applicable laws, rules, and regulations. You must not upload offensive, obscene or racist Content on to the Platform or its associated services.
4.3 S+F reserves the right to remove or edit any content posted on the Platform or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party in contravention of the above rules.
4.4 By submitting Content through the Platform or its associated services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating) in connection with our charitable efforts. You agree that this license includes the right for S+F to promote and improve the Platform and to make Content submitted to or through the Platform or its associated services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by S+F, or other companies, organizations or individuals, are made with no compensation paid to you with respect to the Content that you submit, transmit or otherwise make available through the Platform or its associated services. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
4.5 You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit through the Platform or its associated services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to submit the material and to grant S+F the license described above.
4.7 If you suspect a breach of the terms on the Platform, please contact us.
5. LINKS FROM THE PLATFORM
5.1 The Service may include hyperlinks to other web sites that are not owned or controlled by S+F. S+F has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
5.2 You acknowledge and agree that S+F is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
5.3 You acknowledge and agree that S+F is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
6. THIRD PARTY CONTENT FEATURED ON THE PLATFORM
6.1 The Platform contains articles, photographs, text, graphics, pictures, designs, music, sound, video and other content belonging to or originating from third parties (the “Third Party Content”). While S+F does check Third Party Content for accuracy, appropriateness and completeness when initially posted, we assume no responsibility for any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability of or contained in the Third Party Content. Such Third Party Content will be clearly labelled as such on The Platform.
6.2 You acknowledge that S+F is not liable for any loss or damage which may be incurred by you as a result of the Third Party Content, or as a result of any reliance placed by you on the completeness or accuracy of such content.
7. SMS COMMUNICATION
7.1 You may provide us your mobile phone number, in order for you to receive text messages (SMS) from us on your phone.
7.2 You can expect to receive text alerts from us on key updates, important events and key issues. And you can opt-out at any time. Just reply with STOP to any text message from us.
7.3 There is no extra subscriptions cost to receive these alerts, but standard message rates and data charges from your carrier apply to sending and/or receiving text messages. Check with your carrier if you have questions about your plan and costs.
8. INTELLECTUAL PROPERTY
8.1 The name Support and Feed, the logo and any other product that we may present on the Platform or its associated services from time to time may not be used in connection with any product or service that is not S+F’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit S+F.
8.2 Other trademarks, service marks or logos that appear on the Platform or its associated services, in particular (but not exclusively) those of partner charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both S+F and the trademark owner.
9. COPYRIGHT POLICY
9.1 All content on the Platform and its associated services is owned by S+F, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
9.2 You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice.
9.3 Commercial use or publication of all or any item displayed is strictly prohibited without prior authorization from S+F and, where applicable, the copyright holder. If you require further information about the use of content please email us at [email protected].
10. EXCLUSION OF WARRANTIES
10.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
10.2 The Service is provided “as is” and without any representation or endorsement made and without warranty of any kind whether express or implied.
10.3 In particular S+F does not represent or warrant to you that:
10.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms shall exclude or limit S+F’s liability for losses which may not be lawfully excluded or limited by applicable law.
11.2 Subject to the overall provision in paragraph 9.1 above S+F shall not be liable to you for:
11.3 The limitations on S+F’s liability to you in paragraph 10.2 above shall apply whether or not S+F has been advised of or should have been aware of the possibility of any such losses arising.
11.4 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our Platform or any information provided through our Platform.
12. INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Website and/or Services, including any liabilities in connection with state or federal taxes.
13. ENDING YOUR RELATIONSHIP WITH S+F
13.1 The Terms will continue to apply until terminated by either you or S+F as set out below:
13.2 S+F may terminate its legal agreement with you if S+F is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service
13.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and S+F have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
14. GENERAL TERMS
14.1 The Terms constitute the whole legal agreement between you and S+F and govern your use of the Service and completely replace any prior agreements between you and S+F in relation to the Service.
14.2 You agree that if S+F does not exercise or enforce any legal right or remedy which is contained in the Terms (or which S+F has the benefit of under any applicable law), this will not be taken to be a formal waiver of S+F’s rights and that those rights or remedies will still be available to S+F.
14.3 You agree that S+F may provide you with notices, including those regarding changes to the Terms, by email, regular mail, SMS or postings on the Service.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 These terms and conditions shall be governed and construed in accordance with the laws of the United States. Any disputes shall be subject to the exclusive jurisdiction of the Courts of the United States.
14.6 A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.
15. CHANGES TO THE TERMS
15.1 We may revise or amend this policy (including the Privacy Policy and any other terms of service, as applicable) at any time at our sole discretion. The modified version of the Terms (the “Modified Terms”) will be posted on this page. Therefore you must look at the Terms regularly to check for such changes.
15.2 If we make any substantive changes in the way we collect or use personally identifying information provided by users, we will post a prominent announcement on our web site home page. We will never change our policies and practices to make them less protective of user information collected prior to the effective date of any changes without the consent of affected users. We encourage users to visit this page periodically to review our current policy.
15.3 If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.