Terms Of Service,
User & Artist Agreement

Welcome to give.to ("Give" or the "Site"). Give is operated and presented to you, the User, by SFL Software Inc. ("SFL") also known as Systems for Living.

Give provides a service to assist you, the User, in supporting the artists you love. The delivery of this service requires the movement of money online, and may require the collection and use of personal information, and the collection and use of transactional data.

Give provides a service to you, the Artist, to receive Gifts from your listeners, fans and supporters. The delivery of this service requires the movement of money online and will require the collection and use of personal information, and the collection and use of transactional data.

Definitions

The User
You, the one making the Gift, once you have read and agreed to these Terms of Service.
The Artist
A musical artist, band or performer.
Give
Us, we provide the service that allows the User to make a Gift to the Artist.
The Service
The process by which Users give funds to Artists and Artists receive transmissions of Gifts. Including all aspects of Give and the Site.
Gift
The funds pledged, as a gift, by a User to an Artist. No single Gifts in excess of $1,000 will be permitted or processed by Give.
Terms of Service
This document.

Give, a Summary of the Rights and Responsibilities of Users, Artists, & SFL

The User

  1. Your profile information will be transmitted to the artists that you give to. This includes your city, name, the amount you gave, and your network contact (ie. Twitter handle, if provided).
  2. Your email address, information about your friends, and information about your followers will never be transmitted without your consent.
  3. If your Gift to an artist remains unclaimed for twelve (12) months, you will be given the option to have the Gift amount refunded to your account.
  4. All financial transactions will be performed securely through the Site using Stripe, an accredited payment provider.
  5. Credits purchased in the system do not expire and are non-refundable.
  6. You will not use Give for any illegal or unauthorized purpose.
  7. You will not, in using Give or its services, violate any laws in your jurisdiction.

The Artist

  1. All artist accounts will be verified by the artist before Give transmits Gifted funds.
  2. Verified artists will receive payments on a monthly basis.
  3. Any disputes will be handled promptly and transparently directly between Give and the Artist.
  4. Artist information will never be sold or disclosed to third parties or advertisers.
  5. Once Gifts have been transmitted to the artist, the division of Gifted funds between Artists, band members and/or other parties is the sole responsibility of the Artist as represented by the owner of the account with Give.
  6. Artists may opt to withdraw their name from the system. In the event that an Artist has elected to withdraw, Give will not accept Gifts on behalf of that Artist.

Give

  1. We will not post to your networks without the User's explicit permission.
  2. We will not sell the User's information to third parties or advertisers.
  3. We will not spam the User's email address, and will respect all User requests to unsubscribe from the system.
  4. We retain the right to change any feature of the service without notice, and change the Terms of Service with fair notice.
  5. We have the right to define all fees.
  6. We will communicate all changes to the Terms of Service, fee structure, or other element of Give to Artists and Users in a timely manner.
  7. Transaction fees will be calculated based on the fee schedule in place at the time a Gift is made, not at the time of its transmission to the Artist.

Terms of Service, in Detail

Acceptance of Terms

These terms of service (the "Terms of Service") constitute a legal agreement between you, as the User, and SFL and between the Artist and SFL. The Terms of Service govern access to and use of the Site and all services offered thereon (such access, use and services, collectively, the "Service").

Please read the Terms of Service carefully. Your use of any part of the Service constitutes your acceptance of all the provisions of the Terms of Service. If you are unwilling to be bound by the Terms of Service, do not use the Service.

Modifications to Terms

SFL may modify the Terms of Service from time to time without prior notice to the User or the Artist. Any modifications will be effective on the posting of the modified Terms of Service to the Service on this URL .

It is the responsibility of the User and the Artist to review the Terms of Service periodically to ensure that any and all changes to the Terms of Service are known to the User. Continued use of the Service after any modifications indicates acceptance of the modified Terms of Service.

Unless expressly stated otherwise by SFL, any new features, enhancements or modifications to the Service introduced after the initial access by the User and/or the Artist will be subject to the Terms of Service.

Account Registrations

In consideration of your use of the Service, you agree to:

  1. provide accurate and complete information about yourself as requested in any account registration form and/or other similar forms (the "Registration Data"); and
  2. to maintain and promptly update the Registration Data to keep it accurate and complete.

Your Give account will be associated with a social networking site (such as a User's Facebook or Twitter account). You will select your sign-in method on completing the registration process (your "Give Account"). You will maintain the confidentiality of all information associated with your Give Account and are fully responsible for all activities that occur under your Give Account.

In the event of any suspected or actual unauthorized use of your Give Account you agree to:

  1. immediately notify SFL of such an event via email at contact@give.to; and
  2. ensure that you have properly logged out of the system at the conclusion of your session.

Privacy

The information that you provide to Give on registration and any other personally identifiable information collected by Give ("Personal Information") in connection with the Service is subject to our Privacy Policy.

The Site is delivered by a secured protocol. All financial information transmitted to Give is encrypted, for your security.

The Privacy Policy is incorporated by reference into these Terms of Service.

Artist Images

All Artist images are uploaded to Give by Users. Give makes no representations with respect to the ownership of any images and specifically states that it does not own any of the images uploaded by Users to the Site. In the event that the ownership of an image is disputed and brought to Give's attention, the image will be immediately removed from the Site on receipt of such notice by Give.

Ownership of the Service

The Service, including all content displayed on the Site and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, trade secrets, confidential information and other intellectual property or proprietary rights, whether registered or unregistered (the "Intellectual Property"), is owned by SFL and/or its licensors. No part of the Service or the Intellectual Property may be used for any purpose, whatsoever, without the prior written consent of SFL.

Fees and Payments

Joining Give is free.

We do charge fees for certain Services. To view how Give charges fees please review our Frequently Asked Questions. Changes to the way Give collects fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.

Gifts made by Users are processed directly through the Site through Stripe. Stripe is a third party payment processor and Give is not responsible for the performance of Stripe.

The transfer of Gifts to the Artist is handled by Give. To view how Give transfers Gifts to Artists please review our Frequently Asked Questions. Give deals directly with the Artist in transmitting funds and may use a third party, such as PayPal or Amazon, to facilitate this transfer.

Third-Party Sites and Services

The Service may permit you to link to other websites or resources on the internet.

The Site will also allow you to directly access the services of Stripe, the payment processing system currently used by Give, for the purpose of adding credits to your Give Account. Each transaction is secure.

Please note that when you access third-party websites, you do so at your own risk. Those other websites are not under the control of Give or SFL, and you acknowledge that SFL is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with SFL. You further acknowledge and agree that SFL shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

You further agree that SFL is not responsible for any claims, losses, or debts arising from your use of any third-party website or resource, including but not necessarily limited to Stripe.

Use of Site to Add Credits and to Make Gifts

All credits are added to a User's account through Stripe.

All Gifts made by non-registered Users are processed through Stripe.

SFL is not a partner, agent, employee or shareholder of Stripe and will not be responsible or liable for any claims, losses or damages arising from your use of the Site and the Stripe payment processing system to make or receive a Gift, as the case may be.

You acknowledge that any Gift made to an Artist, whether by a registered or un-registered User will be processed securely through a third-party payment processing company.

As a courtesy SFL may assist with any issues arising from the Gift making process, but is not under any legal, moral or other obligation to provide such assistance.

Indemnity

You agree that you will defend, indemnify and hold harmless SFL its officers, directors, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt and expense (including costs and lawyer fees) arising from or relating to:

  1. your use of or access to the Service; or
  2. your violation of any term of the Terms of Service and related policies.

Termination

SFL may suspend or terminate your access to all or part of the Service without prior notice on the happening of any or all of the following:

  1. at the request of any legal authorities;
  2. if the Service is discontinued or materially modified,
  3. upon the occurrence of any technical or security issues or problem; or
  4. if you engage in any conduct that SFL believes, in its sole discretion, violates any provision of the Terms of Service.

Upon termination SFL may delete all Content and all information related to your account.

Content and Warranty Disclaimer

The information on the Site is provided "as is" for general information only. SFL makes no warranties of any kind regarding the Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that the Site, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

SFL makes no representations that the Service is appropriate or available for use in locations other than Canada, from where it is controlled and offered by SFL. Those who access or use the Site from other jurisdictions are responsible for compliance with local laws.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SFL BE LIABLE FOR ANY DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, OR ANY ISSUE ARISING FROM USE OF THE STRIPE PROCESSING SYSTEM TO GIVE OR RECEIVE GIFTS.

THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN BRITISH COLUMBIA. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SFL IS NOT RESPONSIBLE FOR THOSE COSTS.

Ability to Accept Terms of Service

By registering for a Give user account, you affirm that you are over the age of 18. If you are under 18 years of age, you are not authorized to make a Gift or to register a User Account on the Site, unless your parent or guardian registers for a user account on your behalf.

Governing Jurisdiction

The Site (excluding linked sites) is controlled by SFL, which is headquartered in British Columbia, Canada. The laws of British Columbia, Canada will govern all matters arising from or relating to use of the Site and in the event of any dispute, you will attorn to the laws of this jurisdiction.

Violations of the Terms of Service

Please report any violations of the Terms of Service to contact@give.to.